[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3058 Engrossed in House (EH)]
109th CONGRESS
1st Session
H. R. 3058
_______________________________________________________________________
AN ACT
Making appropriations for the Departments of Transportation, Treasury,
and Housing and Urban Development, the Judiciary, District of Columbia,
and independent agencies for the fiscal year ending September 30, 2006,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Departments of Transportation, Treasury, and
Housing and Urban Development, the Judiciary, District of Columbia, and
independent agencies for the fiscal year ending September 30, 2006, and
for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $84,913,000
(increased by $250,000) (reduced by $17,339,000), of which not to
exceed $2,198,000 shall be available for the immediate Office of the
Secretary; not to exceed $698,000 shall be available for the immediate
Office of the Deputy Secretary; not to exceed $15,183,000 (increased by
$250,000) shall be available for the Office of the General Counsel; not
to exceed $11,680,000 shall be available for the Office of the Under
Secretary of Transportation for Policy; not to exceed $7,593,000 shall
be available for the Office of the Assistant Secretary for Budget and
Programs; not to exceed $2,052,000 (reduced by $2,052,000) shall be
available for the Office of the Assistant Secretary for Governmental
Affairs; not to exceed $23,139,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed $1,910,000
(reduced by $1,910,000) shall be available for the Office of Public
Affairs; not to exceed $1,442,000 (reduced by $1,422,000) shall be
available for the Office of the Executive Secretariat; not to exceed
$697,000 shall be available for the Board of Contract Appeals; not to
exceed $1,265,000 shall be available for the Office of Small and
Disadvantaged Business Utilization; not to exceed $2,033,000 for the
Office of Intelligence and Security; not to exceed $3,128,000 shall be
available for the Office of Emergency Transportation; and not to exceed
$11,895,000 (reduced by $11,895,000) shall be available for the Office
of the Chief Information Officer: Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated for any
office of the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation for any
office shall be increased or decreased by more than 5 percent by all
such transfers: Provided further, That notice of any change in funding
greater than 5 percent shall be submitted for approval to the House and
Senate Committees on Appropriations: Provided further, That not to
exceed $60,000 (reduced by $60,000) shall be for allocation within the
Department for official reception and representation expenses as the
Secretary may determine: Provided further, That notwithstanding any
other provision of law, excluding fees authorized in Public Law 107-71,
there may be credited to this appropriation up to $2,500,000 in funds
received in user fees: Provided further, That none of the funds
provided in this Act shall be available for the position of Assistant
Secretary for Public Affairs.
office of civil rights
For necessary expenses of the Office of Civil Rights, $8,550,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $40,613,000 (reduced by
$31,583,000).
working capital fund
Necessary expenses for operating costs and capital outlays of the
Working Capital Fund, not to exceed $120,014,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the Department shall be transferred to the Working
Capital Fund without the approval of the agency modal administrator:
Provided further, That no assessments may be levied against any
program, budget activity, subactivity or project funded by this Act
unless notice of such assessments and the basis therefor are presented
to the House and Senate Committees on Appropriations and are approved
by such Committees.
minority business resource center program
For the cost of guaranteed loans, $500,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $18,367,000. In addition, for administrative expenses to
carry out the guaranteed loan program, $400,000.
minority business outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $3,000,000, to remain available until September
30, 2007: Provided, That notwithstanding 49 U.S.C. 332, these funds may
be used for business opportunities related to any mode of
transportation.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731-41742,
$54,000,000 to remain available until expended: Provided, That the
Secretary may transfer amounts appropriated to the Federal Aviation
Administration under any heading in this Act or otherwise available to
the Federal Aviation Administration, to make such amounts available for
obligation and expenditure for the essential air service program, in
satisfaction of the requirements of section 41742(a)(1) of title 49,
United States Code, in advance of the collection of fees under section
45301 of title 49, United States Code: Provided further, That the
Secretary shall reimburse such amounts to the Federal Aviation
Administration proportionally by transfer, to the extent possible, from
amounts credited to the account established under section 45303 of
title 49, United States Code, as such fees are collected during the
fiscal year: Provided further, That, in determining between or among
carriers competing to provide service to a community, the Secretary may
consider the relative subsidy requirements of the carriers.
new headquarters building
For necessary expenses of the Department of Transportation's new
headquarters building and related services, $100,000,000 (reduced by
$25,000,000) (reduced by $20,000,000), to remain available until
expended.
Federal Aviation Administration
operations
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, lease or purchase of passenger motor vehicles for replacement
only, in addition to amounts made available by Public Law 108-176,
$8,042,920,000 (increased by $263,000,000), of which $4,986,000,000
shall be derived from the Airport and Airway Trust Fund, of which not
to exceed $6,424,229,000 shall be available for air traffic services
activities; not to exceed $951,042,000 (increased by $263,000,000)
shall be available for aviation regulation and certification
activities; not to exceed $222,171,000 shall be available for research
and acquisition activities; not to exceed $11,759,000 shall be
available for commercial space transportation activities; not to exceed
$50,583,000 shall be available for financial services activities; not
to exceed $69,943,000 shall be available for human resources program
activities; not to exceed $150,744,000 shall be available for region
and center operations and regional coordination activities; not to
exceed $140,337,000 shall be available for staff offices; and not to
exceed $36,612,000 shall be available for information services:
Provided, That none of the funds in this Act shall be available for the
Federal Aviation Administration to finalize or implement any regulation
that would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this Act: Provided
further, That there may be credited to this appropriation funds
received from States, counties, municipalities, foreign authorities,
other public authorities, and private sources, for expenses incurred in
the provision of agency services, including receipts for the
maintenance and operation of air navigation facilities, and for
issuance, renewal or modification of certificates, including airman,
aircraft, and repair station certificates, or for tests related
thereto, or for processing major repair or alteration forms: Provided
further, That of the funds appropriated under this heading, not less
than $7,500,000 shall be for the contract tower cost-sharing program:
Provided further, That funds may be used to enter into a grant
agreement with a nonprofit standard-setting organization to assist in
the development of aviation safety standards: Provided further, That
none of the funds in this Act shall be available for new applicants for
the second career training program: Provided further, That none of the
funds in this Act shall be available for paying premium pay under 5
U.S.C. 5546(a) to any Federal Aviation Administration employee unless
such employee actually performed work during the time corresponding to
such premium pay: Provided further, That none of the funds in this Act
may be obligated or expended to operate a manned auxiliary flight
service station in the contiguous United States: Provided further, That
none of the funds in this Act for aeronautical charting and cartography
are available for activities conducted by, or coordinated through, the
Working Capital Fund: Provided further, That none of the funds in this
Act may be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card. In
addition, $150,000,000 (reduced by $59,000,000) for transition costs
associated with OMB Circular A-76 Flight Service Station competition.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of air navigation and experimental
facilities and equipment, as authorized under part A of subtitle VII of
title 49, United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service testing,
including construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of quarters and
related accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where such
accommodations are not available; and the purchase, lease, or transfer
of aircraft from funds available under this heading; to be derived from
the Airport and Airway Trust Fund, $3,053,000,000, of which
$2,618,000,000 shall remain available until September 30, 2008, and of
which $435,000,000 shall remain available until September 30, 2006:
Provided, That there may be credited to this appropriation funds
received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment and modernization of air navigation facilities: Provided
further, That upon initial submission to the Congress of the fiscal
year 2007 President's budget, the Secretary of Transportation shall
transmit to the Congress a comprehensive capital investment plan for
the Federal Aviation Administration which includes funding for each
budget line item for fiscal years 2007 through 2011, with total funding
for each year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $130,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2008: Provided, That
there may be credited to this appropriation funds received from States,
counties, municipalities, other public authorities, and private
sources, for expenses incurred for research, engineering, and
development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including rescission)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; $3,600,000,000 to be derived from the Airport
and Airway Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available for the
planning or execution of programs the obligations for which are in
excess of $3,600,000,000 in fiscal year 2006, notwithstanding section
47117(g) of title 49, United States Code: Provided further, That none
of the funds under this heading shall be available for the replacement
of baggage conveyor systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install bulk
explosive detection systems: Provided further, That of the amount
authorized for the fiscal year ending September 30, 2005, under
sections 48103 and 48112 of title 49, United States Code, $469,000,000
are rescinded.
administrative provisions--federal aviation administration
Sec. 101. Notwithstanding any other provision of law, airports may
transfer without consideration to the Federal Aviation Administration
(FAA) instrument landing systems (along with associated approach
lighting equipment and runway visual range equipment) which conform to
FAA design and performance specifications, the purchase of which was
assisted by a Federal airport-aid program, airport development aid
program or airport improvement program grant: Provided, That, the
Federal Aviation Administration shall accept such equipment, which
shall thereafter be operated and maintained by FAA in accordance with
agency criteria.
Sec. 102. None of the funds in this Act may be used to compensate
in excess of 375 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2005.
Sec. 103. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide
to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control,
air navigation, or weather reporting: Provided, That the prohibition of
funds in this section does not apply to negotiations between the agency
and airport sponsors to achieve agreement on ``below-market'' rates for
these items or to grant assurances that require airport sponsors to
provide land without cost to the FAA for air traffic control
facilities.
Sec. 104. None of the funds appropriated or limited by this Act may
be used to change weight restrictions or prior permission rules at
Teterboro Airport in Teterboro, New Jersey.
Sec. 105. (a) Section 44302(f)(1) of title 49, United States Code,
is amended by striking ``2005,'' each place it appears and inserting
``2006,''.
(b) Section 44303(b) of such title is amended by striking ``2005,''
and inserting ``2006,''.
Sec. 106. None of the funds made available in this Act shall be
used for engineering work related to an additional runway at Louis
Armstrong New Orleans International Airport.
Federal Highway Administration
limitation on administrative expenses
Necessary expenses for administration and operation of the Federal
Highway Administration, not to exceed $359,529,000 shall be paid in
accordance with law from appropriations made available by this Act to
the Federal Highway Administration together with advances and
reimbursements received by the Federal Highway Administration.
federal-aid highways
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for which are
in excess of $36,287,100,000 for Federal-aid highways and highway
safety construction programs for fiscal year 2006: Provided, That
within the $36,287,100,000 obligation limitation on Federal-aid
highways and highway safety construction programs, not more than
$485,000,000 shall be available for the implementation or execution of
programs for transportation research (as authorized by title 23, United
States Code, as amended; section 5505 of title 49, United States Code,
as amended; and sections 5112 and 5204-5209 of Public Law 105-178, as
amended) for fiscal year 2006: Provided further, That this limitation
on transportation research programs shall not apply to any authority
previously made available for obligation: Provided further, That the
Secretary may, as authorized by sections 183 and 184 of title 23,
United States Code, charge and collect a fee, from the applicant for a
direct loan, guaranteed loan, or line of credit to cover the cost of
the financial and legal analyses performed on behalf of the Department:
Provided further, That such fees are available until expended to pay
for such costs: Provided further, That such amounts are in addition to
administrative expenses that are also available for such purpose, and
are not subject to any obligation limitation or the limitation on
administrative expenses under 23 U.S.C. 188.
federal-aid highways
(liquidation of contract authorization)
(highway trust fund)
For carrying out the provisions of title 23, United States Code,
that are attributable to Federal-aid highways, including the National
Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not
otherwise provided, including reimbursement for sums expended pursuant
to the provisions of 23 U.S.C. 308, $36,000,000,000 or so much thereof
as may be available in and derived from the Highway Trust Fund (other
than the Mass Transit Account), to remain available until expended.
administrative provisions--federal highway administration
Sec. 110. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited
to the Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such funds shall be subject to
the obligation limitation for Federal-aid highways and highway safety
construction.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(limitation on obligations)
(liquidation of contract authorization)
(highway trust fund)
(including transfer of funds)
None of the funds provided for expenses for administration of motor
carrier safety programs and motor carrier safety research shall be
available for fiscal year 2006, the obligations for which are in excess
of $215,000,000: Provided, That for payment of obligations incurred to
pay administrative expenses of and motor carrier research by the
Federal Motor Carrier Safety Administration, $215,000,000, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account), together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which shall
remain available until expended.
national motor carrier safety program
liquidation of contract authorization
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out motor carrier
safety grant programs in accordance with title 49, United States Code,
$286,000,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account) and to remain available until expended: Provided,
That none of the funds provided for the implementation or execution of
motor carrier safety grant programs authorized by title 49, United
States Code, shall be available for fiscal year 2006, the obligations
for which are in excess of $286,000,000.
administrative provision--federal motor carrier safety administration
Sec. 120. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of Public
Law 107-87, including that the Secretary submit a report to the House
and Senate Appropriations Committees annually on the safety and
security of transportation into the United States by Mexico-domiciled
motor carriers.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety under chapter 301 of title
49, United States Code, and part C of subtitle VI of title 49, United
States Code, $152,367,000, of which $135,367,000 is to remain available
until September 30, 2008, and $17,000,000 is to remain available until
expended: Provided, That none of the funds appropriated by this Act may
be obligated or expended to plan, finalize, or implement any rulemaking
to add to section 575.104 of title 49 of the Code of Federal
Regulations any requirement pertaining to a grading standard that is
different from the three grading standards (treadwear, traction, and
temperature resistance) already in effect.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, to remain available until expended, $75,000,000, to
be derived from the Highway Trust Fund: Provided, That none of the
funds in this Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year 2006, are in
excess of $75,000,000 for programs authorized under 23 U.S.C. 403.
national driver register
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out chapter 303 of
title 49, United States Code, $4,000,000, to be derived from the
Highway Trust Fund: Provided, That none of the funds in this Act shall
be available for the implementation or execution of programs the
obligations for which are in excess of $4,000,000 for the National
Driver Register authorized under chapter 303 of title 49, United States
Code.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 402, 405, and 410, to remain available until expended,
$551,000,000 to be derived from the Highway Trust Fund and to remain
available until expended: Provided, That none of the funds in this Act
shall be available for the planning or execution of programs the total
obligations for which, in fiscal year 2006, are in excess of
$551,000,000 for programs authorized under 23 U.S.C. 402, 405, and 410,
and the State Traffic Safety Information Systems Improvements, High
Visibility Enforcement, Child Safety and Booster Seat, and Motorcyclist
Safety grants programs, to be allocated as follows: $229,000,000 shall
be for ``Highway Safety Programs'' under 23 U.S.C. 402, $136,000,000
shall be for ``Occupant Protection Incentive Grants'' under 23 U.S.C.
405, $129,000,000 shall be for ``Alcohol-Impaired Driving
Countermeasures Grants'' under 23 U.S.C. 410, $30,000,000 shall be for
State Traffic Safety Information Systems Improvement grants,
$15,000,000 shall be for High Visibility Enforcement grants, $6,000,000
shall be for Child Safety and Booster Seat grants, and $6,000,000 shall
be for Motorcyclist Safety grants: Provided further, That none of these
funds shall be used for construction, rehabilitation, or remodeling
costs, or for office furnishings and fixtures for State, local, or
private buildings or structures: Provided further, That not to exceed
$10,000,000 of the funds made available for section 402, not to exceed
$3,306,000 of the funds made available for section 405, and not to
exceed $3,000,000 of the funds made available for section 410 shall be
available to NHTSA for administering highway safety grants under
chapter 4 of title 23, United States Code: Provided further, That not
to exceed $500,000 of the funds made available for section 410
``Alcohol-Impaired Driving Countermeasures Grants'' shall be available
for technical assistance to the States.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $145,949,000, of which $13,856,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$26,325,000 (reduced by $26,325,000), to remain available until
expended.
railroad rehabilitation and improvement program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94-210), as amended, in such amounts and at such times
as may be necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under sections 511
through 513 of such Act, such authority to exist as long as any such
guaranteed obligation is outstanding: Provided, That pursuant to
section 502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for the credit
risk premium during fiscal year 2006.
next generation high-speed rail
For necessary expenses for the Next Generation High-Speed Rail
program as authorized under 49 U.S.C. 26101 and 26102, $10,165,000, to
remain available until expended.
grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation, $550,000,000 (increased
by $626,248,000), to remain available until September 30, 2006:
Provided, That of the funds provided, $50,000,000 shall be used by the
Secretary of Transportation to enter into contracts to make
improvements to the Northeast Corridor, as authorized under chapters
241 and 249 of title 49, United States Code.
administrative provision--federal railroad administration
Sec. 140. The Secretary may purchase promotional items of nominal
value for use in public outreach activities to accomplish the purposes
of 49 U.S.C. 20134: Provided, That the Secretary shall prescribe
guidelines for the administration of such purchases and use.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $12,000,000: Provided, That no more than $80,000,000 of
budget authority shall be available for these purposes: Provided
further, That of the funds available not to exceed $989,000 shall be
available for the Office of the Administrator; not to exceed $7,284,000
shall be available for the Office of Administration; not to exceed
$4,140,000 shall be available for the Office of the Chief Counsel; not
to exceed $1,276,000 shall be available for the Office of Communication
and Congressional Affairs; not to exceed $7,916,000 shall be available
for the Office of Program Management; not to exceed $7,123,000 shall be
available for the Office of Budget and Policy; not to exceed $4,712,000
shall be available for the Office of Demonstration and Innovation; not
to exceed $3,113,000 shall be available for the Office of Civil Rights;
not to exceed $4,155,000 shall be available for the Office of Planning;
not to exceed $21,408,000 shall be available for regional offices; and
not to exceed $17,884,000 shall be available for the central account:
Provided further, That the Administrator is authorized to transfer
funds appropriated for an office of the Federal Transit Administration:
Provided further, That no appropriation for an office shall be
increased or decreased by more than a total of 5 percent during the
fiscal year by all such transfers: Provided further, That any change in
funding greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided further, That
any funding transferred from the central account shall be submitted for
approval to the House and Senate Committees on Appropriations: Provided
further, That none of the funds provided or limited in this Act may be
used to create a permanent office of transit security under this
heading: Provided further, That of the funds in this Act available for
the execution of contracts under section 5327(c) of title 49, United
States Code, $2,000,000 shall be reimbursed to the Department of
Transportation's Office of Inspector General for costs associated with
audits and investigations of transit-related issues, including reviews
of new fixed guideway systems: Provided further, That upon submission
to the Congress of the fiscal year 2007 President's budget, the
Secretary of Transportation shall transmit to Congress the annual
report on new starts, proposed allocations of funds for fiscal year
2007.
formula grants
(including transfer of funds)
For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310,
5311, 5327, 5335 and section 3038 of Public Law 105-178, $662,550,000,
to remain available until expended: Provided, That no more than
$4,417,000,000 of budget authority shall be available for these
purposes: Provided further, That of the amount available, $2,500,000
shall be available for the National Transit database.
university transportation research
For necessary expenses to carry out 49 U.S.C. 5505, $1,200,000, to
remain available until expended: Provided, That no more than $8,000,000
of budget authority shall be available for these purposes.
transit planning and research
For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305,
5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $24,049,000, to remain
available until expended: Provided, That no more than $160,325,000 of
budget authority shall be available for these purposes.
trust fund share of expenses
(liquidation of contract authorization)
(highway trust fund)
For payment of obligations incurred in carrying out 49 U.S.C. 5303-
5308, 5310-5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 and
3038 of Public Law 105-178, $7,209,700,000, to remain available until
expended, and to be derived from the Mass Transit Account of the
Highway Trust Fund: Provided, That $3,754,450,000 shall be paid to the
Federal Transit Administration's formula grants account: Provided
further, That $136,276,000 shall be paid to the Federal Transit
Administration's transit planning and research account: Provided
further, That $68,000,000 shall be paid to the Federal Transit
Administration's administrative expenses account: Provided further,
That $6,800,000 shall be paid to the Federal Transit Administration's
university transportation research account: Provided further, That
$148,750,000 shall be paid to the Federal Transit Administration's job
access and reverse commute grants program: Provided further, That
$3,095,424,000 shall be paid to the Federal Transit Administration's
Capital Investment Grants account.
capital investment grants
(including transfer of funds)
For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, and
5327, $546,251,000, to remain available until expended: Provided, That
no more than $3,641,675,000 of budget authority shall be available for
these purposes.
job access and reverse commute grants
For necessary expenses to carry out section 3037 of the Federal
Transit Act of 1998, $26,250,000, to remain available until expended:
Provided, That no more than $175,000,000 of budget authority shall be
available for these purposes: Provided further, That up to $300,000 of
the funds provided under this heading may be used by the Federal
Transit Administration for technical assistance and support and
performance reviews of the Job Access and Reverse Commute Grants
program.
administrative provisions--federal transit administration
Sec. 150. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 151. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2005, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure may
be transferred to and administered under the most recent appropriation
heading for any such section.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current
fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses for operations and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained by the
Saint Lawrence Seaway Development Corporation, $16,284,000, to be
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $156,000,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $112,336,000, of which $23,750,000 shall remain
available until September 30, 2006, for salaries and benefits of
employees of the United States Merchant Marine Academy; of which
$17,000,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy; and of which
$11,211,000 shall remain available until expended for the State
Maritime Schools Schoolship Maintenance and Repair.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$21,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, not to exceed $3,526,000, which shall be transferred to and
merged with the appropriation for Operations and Training.
ship construction
(rescission)
Of the unobligated balances available under this heading,
$2,071,280 are rescinded.
administrative provisions--maritime administration
Sec. 160. Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease, contract, or
occupancy involving Government property under control of the Maritime
Administration, and payments received therefore shall be credited to
the appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
Sec. 161. No obligations shall be incurred during the current
fiscal year from the construction fund established by the Merchant
Marine Act, 1936, or otherwise, in excess of the appropriations and
limitations contained in this Act or in any prior appropriations Act.
Pipeline and Hazardous Materials Safety Administration
administrative expenses
For necessary administrative expenses of the Pipeline and Hazardous
Materials Safety Administration, $17,027,000, of which $645,000 shall
be derived from the Pipeline Safety Fund.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $26,183,000, of which $1,847,000 shall remain available
until September 30, 2008: Provided, That up to $1,200,000 in fees
collected under 49 U.S.C. 5108(g) shall be deposited in the general
fund of the Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials exemptions and
approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$72,860,000, of which $15,000,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2008; of which $57,860,000 shall be derived from the Pipeline Safety
Fund, of which $24,000,000 shall remain available until September 30,
2008: Provided, That not less than $1,000,000 of the funds provided
under this heading shall be for the one-call State grant program.
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2007: Provided, That not more than $14,300,000
shall be made available for obligation in fiscal year 2006 from amounts
made available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That
none of the funds made available by 49 U.S.C. 5116(i), 5127(c), and
5127(d) shall be made available for obligation by individuals other
than the Secretary of Transportation, or his designee.
Research and Innovative Technology Administration
research and development
For necessary expenses of the Research and Innovative Technology
Administration, $4,326,000: Provided, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$62,499,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department: Provided further, That the funds made available under
this heading shall be used to investigate, pursuant to section 41712 of
title 49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air carriers and
ticket agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $26,622,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2006, to
result in a final appropriation from the general fund estimated at no
more than $25,372,000.
administrative provisions--department of transportation
(including transfers of funds)
Sec. 170. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 171. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 172. None of the funds in this Act shall be available for
salaries and expenses of more than 100 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 173. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 174. (a) No recipient of funds made available in this Act
shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 175. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration
from States, counties, municipalities, other public authorities, and
private sources for expenses incurred for training may be credited
respectively to the Federal Highway Administration's ``Federal-Aid
Highways'' account, the Federal Transit Administration's ``Transit
Planning and Research'' account, and to the Federal Railroad
Administration's ``Safety and Operations'' account, except for State
rail safety inspectors participating in training pursuant to 49 U.S.C.
20105.
Sec. 176. Notwithstanding any other provisions of law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of
an amount determined by the Secretary.
Sec. 177. None of the funds in this Act to the Department of
Transportation may be used to make a grant unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any
discretionary grant award, letter of intent, or full funding grant
agreement totaling $1,000,000 or more is announced by the department or
its modal administrations from: (1) any discretionary grant program of
the Federal Highway Administration other than the emergency relief
program; (2) the airport improvement program of the Federal Aviation
Administration; or (3) any program of the Federal Transit
Administration other than the formula grants and fixed guideway
modernization programs: Provided, That no notification shall involve
funds that are not available for obligation.
Sec. 178. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 179. Amounts made available in this or any other Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments: Provided, That amounts in excess of that
required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and
period for which such appropriations are available; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided, That prior to the transfer of any
such recovery to an appropriations account, the
Secretary shall notify the House and Senate Committees
on Appropriations of the amount and reasons for such
transfer: Provided further, That for purposes of this
section, the term ``improper payments'', has the same
meaning as that provided in section 2(d)(2) of Public
Law 107-300.
Sec. 180. The Secretary of Transportation is authorized to transfer
the unexpended balances available for the bonding assistance program
from ``Office of the Secretary, Salaries and expenses'' to ``Minority
Business Outreach''.
Sec. 181. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for Congressional
notification.
Sec. 182. None of the funds made available under this Act may be
obligated or expended to establish or implement a pilot program under
which not more than 10 designated essential air service communities
located in proximity to hub airports are required to assume 10 percent
of their essential air subsidy costs for a 4-year period commonly
referred to as the EAS local participation program.
TITLE II--DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
(including transfer of funds)
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of,
and purchase of commercial insurance policies for, real properties
leased or owned overseas, when necessary for the performance of
official business, not to exceed $3,000,000 for official travel
expenses; $187,452,000 (reduced by $30,000,000), of which not to exceed
$7,216,000 for executive direction program activities; not to exceed
$7,521,000 for general counsel program activities; not to exceed
$32,011,000 for economic policies and programs activities; not to
exceed $24,721,000 for financial policies and programs activities; not
to exceed $16,843,000 for Treasury-wide management policies and
programs activities; not to exceed $63,731,000 for administration
programs activities: Provided, That $35,409,000 of the amount provided
under this heading is for the Office of Terrorism and Financial
Intelligence as authorized in Public law 108-447, of which $22,032,000
is for the Office of Foreign Assets Control, $5,882,000 is for the
Office of Intelligence and Analysis, and $1,998,000 is for the Office
of the Undersecretary: Provided further, That the Secretary of the
Treasury is authorized to transfer funds appropriated for any program
activity of the Departmental Offices to any other program activity of
the Departmental Offices upon notification to the House and Senate
Committees on Appropriations: Provided further, That no appropriation
for any program activity shall be increased or decreased by more than 2
percent by all such transfers: Provided further, That any change in
funding greater than 2 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided further, That
of the amount appropriated under this heading, not to exceed
$3,000,000, to remain available until September 30, 2007, is for
information technology modernization requirements; not to exceed
$100,000 is for official reception and representation expenses; and not
to exceed $258,000 is for unforeseen emergencies of a confidential
nature, to be allocated and expended under the direction of the
Secretary of the Treasury and to be accounted for solely on his
certificate: Provided further, That of the amount appropriated under
this heading, $5,173,000, to remain available until September 30, 2007,
is for the Treasury-wide Financial Statement Audit Program and internal
control programs, of which such amounts as may be necessary may be
transferred to accounts of the Department's offices and bureaus to
conduct audits: Provided further, That this transfer authority shall be
in addition to any other provided in this Act.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$21,412,000, to remain available until September 30, 2008: Provided,
That these funds shall be transferred to accounts and in amounts as
necessary to satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds appropriated
shall be used to support or supplement ``Internal Revenue Service,
Information Systems'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, not to exceed $2,000,000 for official travel expenses,
including hire of passenger motor vehicles; and not to exceed $100,000
for unforeseen emergencies of a confidential nature, to be allocated
and expended under the direction of the Inspector General of the
Treasury, $17,000,000, of which not to exceed $2,500 shall be available
for official reception and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase (not to exceed 150 for replacement only for
police-type use) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration; not to
exceed $6,000,000 for official travel expenses; and not to exceed
$500,000 for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General for
Tax Administration, $133,286,000; and of which not to exceed $1,500
shall be available for official reception and representation expenses.
air transportation stabilization program account
For necessary expenses to administer the Air Transportation
Stabilization Board established by section 102 of the Air
Transportation Safety and System Stabilization Act (Public Law 107-42),
$2,500,000 (reduced by $2,500,000) to remain available until expended.
treasury building and annex repair and restoration
For the repair, alteration, and improvement of the Treasury
Building and Annex, $10,000,000, to remain available until September
30, 2008.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with
financial intelligence activities, law enforcement, and financial
regulation; not to exceed $14,000 for official reception and
representation expenses; and for assistance to Federal law enforcement
agencies, with or without reimbursement, $73,630,000 of which not to
exceed $6,944,000 shall remain available until September 30, 2008; and
of which $8,521,000 shall remain available until September 30, 2007:
Provided, That funds appropriated in this account may be used to
procure personal services contracts.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$236,243,000, of which not to exceed $9,220,000 shall remain available
until September 30, 2008, for information systems modernization
initiatives; and of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$91,126,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments. The aggregate amount
of new liabilities and obligations incurred during fiscal year 2006
under such section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not exceed
$36,900,000.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $179,923,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $2,000,000 shall remain available until expended
for systems modernization: Provided, That the sum appropriated herein
from the General Fund for fiscal year 2006 shall be reduced by not more
than $3,000,000 as definitive security issue fees and Treasury Direct
Investor Account Maintenance fees are collected, so as to result in a
final fiscal year 2006 appropriation from the General Fund estimated at
$176,923,000. In addition, $70,000 to be derived from the Oil Spill
Liability Trust Fund to reimburse the Bureau for administrative and
personnel expenses for financial management of the Fund, as authorized
by section 1012 of Public Law 101-380.
Community Development Financial Institutions
fund program account
To carry out the Community Development Banking and Financial
Institutions Act of 1994, including services authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for ES-3, $55,000,000, to remain available until
September 30, 2006, of which up to $13,000,000 may be used for
administrative expenses, including administration of the New Markets
Tax Credit, up to $6,000,000 may be used for the cost of direct loans,
and up to $250,000 may be used for administrative expenses to carry out
the direct loan program: Provided, That the cost of direct loans,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$11,000,000.
Internal Revenue Service
processing, assistance, and management
For necessary expenses of the Internal Revenue Service for pre-
filing taxpayer assistance and education, filing and account services,
shared services support, general management and administration; and
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,181,520,000, of which up to
$4,100,000 shall be for the Tax Counseling for the Elderly Program, of
which $8,000,000 shall be available for low-income taxpayer clinic
grants, of which $1,500,000 shall be for the Internal Revenue Service
Oversight Board; and of which not to exceed $25,000 shall be for
official reception and representation expenses.
tax law enforcement
(including transfer of funds)
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing litigation
support; conducting criminal investigation and enforcement activities;
securing unfiled tax returns; collecting unpaid accounts; conducting a
document matching program; resolving taxpayer problems through prompt
identification, referral and settlement; expanded customer service and
public outreach programs, strengthened enforcement activities, and
enhanced research efforts to reduce erroneous filings associated with
the earned income tax credit; compiling statistics of income and
conducting compliance research; purchase (for police-type use, not to
exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
and services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,541,466,000 (increased by
$38,750,000), of which $55,584,000 shall be for the Interagency Crime
and Drug Enforcement program: Provided, That up to $10,000,000 may be
transferred as necessary from this account to the IRS Processing,
Assistance, and Management appropriation or the IRS Information Systems
appropriation solely for the purposes of management of the Interagency
Crime and Drug Enforcement Program: Provided further, That up to
$10,000,000 may be transferred as necessary from this account to the
IRS Processing, Assistance, and Management appropriation or the IRS
Information Systems appropriation solely for the purposes of management
of the Earned Income Tax Credit compliance program and to reimburse the
Social Security Administration for the cost of implementing section
1090 of the Taxpayer Relief Act of 1997 (Public Law 105-33): Provided
further, That this transfer authority shall be in addition to any other
transfer authority provided in this Act.
information systems
For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information systems;
the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services
as authorized by 5 U.S.C. 3109, at such rates as may be determined by
the Commissioner, $1,606,846,000 (reduced by $24,000,000) (reduced by
$7,700,000), of which $75,000,000 shall remain available until
September 30, 2007.
business systems modernization
For necessary expenses of the Internal Revenue Service,
$199,000,000, to remain available until September 30, 2008, for the
capital asset acquisition of information technology systems, including
management and related contractual costs of said acquisitions,
including contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That none of these funds may be obligated until
the Internal Revenue Service submits to the Committees on
Appropriations, and such Committees approve, a plan for expenditure
that: (1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11; (2) complies with the Internal Revenue
Service's enterprise architecture, including the modernization
blueprint; (3) conforms with the Internal Revenue Service's enterprise
life cycle methodology; (4) is approved by the Internal Revenue
Service, the Department of the Treasury, and the Office of Management
and Budget; (5) has been reviewed by the Government Accountability
Office; and (6) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the Federal
Government.
health insurance tax credit administration
For expenses necessary to implement the health insurance tax credit
included in the Trade Act of 2002 (Public Law 107-210), $20,210,000.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 201. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to exceed
3 percent of appropriations under the heading ``Tax Law Enforcement''
may be transferred to any other Internal Revenue Service appropriation
upon the advance approval of the Committees on Appropriations.
Sec. 202. The Internal Revenue Service shall maintain a training
program to ensure that Internal Revenue Service employees are trained
in taxpayers' rights, in dealing courteously with taxpayers, and in
cross-cultural relations.
Sec. 203. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information.
Sec. 204. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased manpower to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make the
improvement of the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line service.
Sec. 205. None of the funds in this title may be used to modify the
number or location of Taxpayer Assistance Centers until the Treasury
Inspector General for Tax Administration completes a study detailing
the impact that such closures would have on taxpayer compliance and
submits such study to the Committees on Appropriatons of the House of
Representatives and the Senate for review: Provided, That no funds
shall be obligated by the Internal Revenue Service for such purposes
for 60 days after receipt of such study: Provided further, That the
Internal Revenue Service shall consult with stakeholder organizations,
including but no limited to, the National Taxpayer Advocate, the
Internal Revenue Service Oversight Board, the Treasury Inspector
General for Tax Administration, and Internal Revenue Service employees
with respect to the types of data to be included in the model that will
determine which Taxpayer Assistance Centers should be closed and the
relative weight of such data as it relates to such model.
Administrative Provisions--Department of the Treasury
(including transfer of funds)
Sec. 210. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 211. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or decrease any
such appropriation by more than 2 percent.
Sec. 212. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the Secretary of
the Treasury certifies that the purchase by the respective Treasury
bureau is consistent with Departmental vehicle management principles:
Provided, That the Secretary may delegate this authority to the
Assistant Secretary for Management.
Sec. 213. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 214. The Secretary of the Treasury may transfer funds from
``Financial Management Services, Salaries and Expenses'' to ``Debt
Collection Fund'' as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 215. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
note), is further amended by striking ``7 years'' and inserting `` 8
years''.
Sec. 216. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the House Committee on Financial Services and the Senate Committee
on Banking, Housing, and Urban Affairs.
Sec. 217. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; the House Committee on Appropriations; and the Senate
Committee on Appropriations.
TITLE III--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $15,531,400,000 (increased by $100,000,000), to
remain available until expended, of which $11,331,400,000 (increased by
$100,000,000) shall be available on October 1, 2005, and $4,200,000,000
shall be available on October 1, 2006: Provided, That the amounts made
available under this heading are provided as follows:
(1) $14,089,755,725 (increased by $100,000,000) for
renewals of expiring section 8 tenant-based annual
contributions contracts (including renewals of enhanced
vouchers under any provision of law authorizing such assistance
under section 8(t) of the Act: Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph, the Secretary for the calendar year 2006 funding
cycle shall provide renewal funding for each public housing
agency based on each public housing agency's 2005 annual budget
for renewal funding as calculated by HUD, prior to prorations,
and by applying the 2006 Annual Adjustment Factor as
established by the Secretary, and by making any necessary
adjustments for the costs associated with the first-time
renewal of tenant protection or HOPE VI vouchers: Provided
further, That the Secretary shall, to the extent necessary to
stay within the amount provided under this paragraph, pro rate
each public housing agency's allocation otherwise established
pursuant to this paragraph: Provided further, That except as
provided in the following proviso, the entire amount provided
under this paragraph shall be obligated to the public housing
agencies based on the allocation and pro rata method described
above: Provided further, That up to $45,000,000 shall be
available only: (1) to adjust the allocations for public
housing agencies, after application for an adjustment by a
public housing agency and verification by HUD, whose
allocations under this heading for contract renewals for the
calendar year 2005 funding cycle were based on verified VMS
leasing and cost data averaged for the months of May, June, and
July of 2004 and solely because of temporarily low leasing
levels during such 3-month period did not accurately reflect
leasing levels and costs for the 2004 fiscal year of the
agencies; and (2) for adjustments for public housing agencies
that experienced a significant increase, as determined by the
Secretary, in renewal costs resulting from the portability
under section 8(r) of the United States Housing Act of 1937 of
tenant-based rental assistance: Provided further, That none of
the funds provided in this paragraph may be used to support a
total number of unit months under lease which exceeds a public
housing agency's authorized level of units under contract;
(2) $165,700,000 for section 8 rental assistance for
relocation and replacement of housing units that are demolished
or disposed of pursuant to the Omnibus Consolidated Rescissions
and Appropriations Act of 1996 (Public Law 104-134), conversion
of section 23 projects to assistance under section 8, the
family unification program under section 8(x) of the Act,
relocation of witnesses in connection with efforts to combat
crime in public and assisted housing pursuant to a request from
a law enforcement or prosecution agency, enhanced vouchers
under any provision of law authorizing such assistance under
section 8(t) of the Act, HOPE VI vouchers, mandatory and
voluntary conversions, vouchers necessary to complete the
consent decree requirements in Walker vs. U.S. Department of
Housing and Urban Development, and tenant protection assistance
including replacement and relocation assistance;
(3) $45,000,000 for family self-sufficiency coordinators
under section 23 of the Act;
(4) $5,900,000 shall be transferred to the Working Capital
Fund; and
(5) $1,225,000,000 for administrative and other expenses of
public housing agencies in administering the section 8 tenant-
based rental assistance program, of which up to $25,000,000
shall be available to the Secretary to allocate to public
housing agencies that need additional funds to administer their
section 8 programs: Provided, That $1,200,000,000 of the amount
provided in this paragraph shall be allocated for the calendar
year 2006 funding cycle on a pro rata basis to public housing
agencies based on the amount public housing agencies were
eligible to receive in calendar year 2005: Provided further,
That all amounts provided under this paragraph shall be only
for activities related to the provision of tenant-based rental
assistance authorized under section 8, including related
development activities, except that up to $200,000,000 of funds
made available on October 1, 2006, to this account may be
transferred to the ``Project Based Rental Assistance Account''
at the discretion of the Secretary.
housing certificate fund
(rescission)
Of the unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing and
Urban Development under this heading or the heading ``Annual
contributions for assisted housing'' or any other heading for fiscal
year 2005 and prior years, $2,493,600,000 is rescinded, to be effected
by the Secretary no later than September 30, 2006: Provided, That any
such balances governed by reallocation provisions under the statute
authorizing the program for which the funds were originally
appropriated shall be available for the rescission: Provided further,
That any obligated balances of contract authority from fiscal year 1974
and prior that have been terminated shall be cancelled: Provided
further, That no amounts recaptured from amounts appropriated in prior
years under this heading or the heading ``Annual contributions for
assisted housing'' and no carryover of such appropriated amounts for
project-based assistance shall be available for the calendar year 2006
funding cycle for activities provided for under the heading ``Tenant-
based rental assistance''.
project-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937, as
amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not otherwise
provided for, $5,088,300,000, to remain available until expended:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $4,940,100,000 for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-
based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act,
for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low
Income Housing Preservation Act of 1987 or the Low-Income
Housing Preservation and Resident Homeownership Act of 1990,
and for administrative and other expenses associated with
project-based activities and assistance funded under this
paragraph.
(2) $147,200,000 for performance-based contract
administrators for section 8 project-based assistance:
Provided, That the Secretary may also use such amounts for
performance-based contract administrators for: interest
reduction payments pursuant to section 236(a) of the National
Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments
pursuant to section 101 of the Housing and Urban Development
Act of 1965 (12 U.S.C. 1701s); Section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of
the Housing Act of 1959, as amended (12 U.S.C. 1701q, 1701q-1);
project rental assistance contracts for supportive housing for
persons with disabilities under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act; project
assistance contracts pursuant to section 202(h) of the Housing
Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans under
section 202 of the Housing Act of 1959 (Public Law 86-372; 73
Stat. 667).
(3) $1,000,000 shall be transferred to the Working Capital
Fund: Provided further, That amounts recaptured under this
heading, the heading, `Annual Contributions for Assisted
Housing,' or the heading, `Housing Certificate Fund,' for
project-based section 8 activities may be used for renewals of
or amendments to section 8 project-based subsidy contracts or
for performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated.
public housing capital fund
(including transfers of funds)
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the United States Housing Act of 1937, as amended
(42 U.S.C. 1437g) (the ``Act''), $2,600,000,000, to remain available
until September 30, 2009: Provided, That notwithstanding any other
provision of law or regulation, during fiscal year 2006, the Secretary
may not delegate to any Department official other than the Deputy
Secretary and the Assistant Secretary for Public and Indian Housing any
authority under paragraph (2) of section 9(j) regarding the extension
of the time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means, with
respect to amounts, that the amounts are subject to a binding agreement
that will result in outlays, immediately or in the future: Provided
further, That of the total amount provided under this heading, up to
$11,000,000 shall be for carrying out activities under section 9(h) of
such Act: Provided further, That $10,000,000 shall be transferred to
the Working Capital Fund: Provided further, That no funds may be used
under this heading for the purposes specified in section 9(k) of the
United States Housing Act of 1937, as amended: Provided further, That
of the total amount provided under this heading, up to $17,000,000
shall be available for the Secretary of Housing and Urban Development
to make grants, notwithstanding section 305 of this Act, to public
housing agencies for emergency capital needs resulting from unforeseen
emergencies and natural disasters occurring in fiscal year 2006:
Provided further, That of the total amount provided under this heading,
$24,000,000 shall be for supportive services, service coordinators and
congregate services as authorized by section 34 of the Act and the
Native American Housing Assistance and Self-Determination Act of 1996:
Provided further, That up to $8,820,000 is to support the costs of
administrative and judicial receiverships.
public housing operating fund
For 2006 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)),
$3,600,000,000: Provided, That all funds made available under this
heading shall be allocated to public housing agencies in accordance
with the terms, conditions, criteria and methodology set forth in the
``Post 4th Session Rule'' issued on June 10, 2004 and shall not be
allocated using any other formula unless approved by the Committee:
Provided further, That of the total amount provided under this heading,
up to $50,000,000 shall be for assistance for the conversion to asset
management including project-based accounting, budgeting and management
for public housing agencies operating three or more public housing
projects, which will under the ``Post 4th Session Rule'' formula
experience a loss of subsidy greater than 5 percent from the amount
which would otherwise have been receivable under the Performance
Funding System regulations superceded by such formula: Provided
further, That, in fiscal year 2006 and all fiscal years hereafter, no
amounts under this heading in any appropriations Act may be used for
payments to public housing agencies for the costs of operation and
management of public housing for any year prior to the current year of
such Act: Provided further, That no funds may be used under this
heading for the purposes specified in section 9(k) of the United States
Housing Act of 1937, as amended.
revitalization of severely distressed public housing (hope vi)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects, as authorized by section 24 of the United States Housing
Act of 1937, as amended, and the amounts otherwise provided by this Act
for ``INDEPENDENT AGENCIES--General Services Administration--federal
buildings fund'' and for building operations under such item are hereby
reduced by, $60,000,000.
native american housing block grants
(including transfer of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$600,000,000, to remain available until expended. Notwithstanding the
Native American Housing Assistance and Self-Determination Act of 1996,
to determine the amount of the allocation under title I of such Act for
each Indian tribe, the Secretary shall apply the formula under section
302 of such Act with the need component based on single-race Census
data and with the need component based on multi-race Census data, and
the amount of the allocation for each Indian tribe shall be the greater
of the two resulting allocation amounts. Of funds made available under
this heading, $1,200,000 shall be contracted through the Secretary as
technical assistance and capacity building to be used by the National
American Indian Housing Council in support of the implementation of
NAHASDA; of which $2,308,000 shall be to support the inspection of
Indian housing units, contract expertise, training, and technical
assistance in the training, oversight, and management of Indian housing
and tenant-based assistance, including up to $300,000 for related
travel; of which $45,000,000 shall be for the Indian Community
Development Block Grant program under title I of the Housing and
Community Development Act of 1974, as amended (42 U.S.C. 5301 et seq.),
for grants to Indian tribes notwithstanding section 106(a)(1) of such
Act, to be allocated using the same methodology as fiscal year 2005
funds of which up to $4,000,000 may be used for emergencies that
constitute imminent threats to health and safety, notwithstanding any
other provision of law (including section 205 of the Act): Provided,
That of the amount provided under this heading, $2,000,000 shall be
made available for the cost of guaranteed notes and other obligations,
as authorized by title VI of NAHASDA: Provided further, That such
costs, including the costs of modifying such notes and other
obligations, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these funds are
available to subsidize the total principal amount of any notes and
other obligations, any part of which is to be guaranteed, not to exceed
$17,926,000: Provided further, That for administrative expenses to
carry out the guaranteed loan program, up to $150,000 from amounts in
the first proviso, which shall be transferred to and merged with the
appropriation for ``Salaries and Expenses''.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $8,815,000, to
remain available until expended, of which $352,606 shall be for
training and technical assistance activities.
indian housing loan guarantee fund program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $2,645,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, not to
exceed $98,966,942.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $250,000 from amounts in the first
paragraph, which shall be transferred to and merged with the
appropriation for ``Salaries and Expenses''.
native hawaiian housing loan guarantee fund program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), $882,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to exceed
$35,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the first
paragraph, which shall be transferred to and merged with the
appropriation for ``Salaries and Expenses''.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $285,000,000 (increased by $5,000,000) to remain
available until September 30, 2007, except that amounts allocated
pursuant to section 854(c)(3) of such Act shall remain available until
September 30, 2008: Provided, That the Secretary shall renew all
expiring contracts for permanent supportive housing that were funded
under section 854(c)(3) of such Act that meet all program requirements
before awarding funds for new contracts and activities authorized under
this section: Provided further, That the Secretary may use up to
$1,000,000 of the funds under this heading for training, oversight, and
technical assistance activities.
rural housing and economic development
For the Office of Rural Housing and Economic Development in the
Department of Housing and Urban Development, $10,000,000 to remain
available until expended, which amount shall be competitively awarded
by September 1, 2006, to Indian tribes, State housing finance agencies,
State community and/or economic development agencies, local rural
nonprofits and community development corporations to support innovative
housing and economic development activities in rural areas.
community development fund
(including transfers of funds)
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $4,151,500,000 (increased by $67,500,000) (increased by
$24,000,000), to remain available until September 30, 2008, unless
otherwise specified: Provided, That of the amount provided,
$3,859,900,000 (increased by $17,500,000) is for carrying out the
community development block grant program under title I of the Housing
and Community Development Act of 1974, as amended (the ``Act'' herein)
(42 U.S.C. 5301 et seq.): Provided further, That unless explicitly
provided for under this heading not to exceed 20 percent of any grant
made with funds appropriated under this heading shall be expended for
planning and management development and administration: Provided
further, That $1,600,000 shall be transferred to the Working Capital
Fund.
Of the amount made available under this heading, $290,000,000 shall
be available for grants for the Economic Development Initiative (EDI)
to finance a variety of targeted economic investments in accordance
with the terms and conditions specified in the statement of managers
accompanying this Act: Provided, That none of the funds provided under
this paragraph may be used for program operations.
home investment partnerships program
(including transfer of funds)
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,850,000,000 to remain available until September 30, 2008:
Provided, That of the total amount provided in this paragraph, up to
$41,700,000 shall be available for housing counseling under section 106
of the Housing and Urban Development Act of 1968, and $1,000,000 shall
be transferred to the Working Capital Fund.
In addition to amounts otherwise made available under this heading,
$50,000,000, to remain available until September 30, 2008, for
assistance to homebuyers as authorized under title I of the American
Dream Downpayment Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
$60,800,000, to remain available until September 30, 2008: Provided,
That of the total amount provided in this heading $23,800,000 shall be
made available to the Self Help Homeownership Opportunity Program as
authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996 as amended: Provided further, That $28,000,000
shall be made available for capacity building, of which $27,000,000
shall be for capacity building for Community Development and affordable
Housing for LISC and the Enterprise Foundation for activities
authorized by Section 4 of the HUD Demonstration Act of 1993 (42 USC
9816 note), as in effect immediately before June 12, 1997 and
$1,000,000 shall be made available for capacity building activities
administered by Habitat for Humanity International: Provided further,
That $3,000,000 shall be made available to the Housing Assistance
Council, $1,000,000 shall be made available to the Native American
Indian Housing Council, $4,000,000 shall be made available to the
Housing Partnership Network, and $1,000,000 shall be made available to
the Special Olympics, to remain available until September 30, 2008.
homeless assistance grants
(including transfer of funds)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the supportive housing program as authorized under subtitle
C of title IV of such Act; the section 8 moderate rehabilitation single
room occupancy program as authorized under the United States Housing
Act of 1937, as amended, to assist homeless individuals pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act; and the
shelter plus care program as authorized under subtitle F of title IV of
such Act, $1,340,000,000, of which $1,320,000,000 shall remain
available until September 30, 2008, and of which $20,000,000 shall
remain available until expended: Provided, That not less than 30
percent of funds made available, excluding amounts provided for
renewals under the shelter plus care program, shall be used for
permanent housing: Provided further, That all funds awarded for
services shall be matched by 25 percent in funding by each grantee:
Provided further, That the Secretary shall renew on an annual basis
expiring contracts or amendments to contracts funded under the shelter
plus care program if the program is determined to be needed under the
applicable continuum of care and meets appropriate program requirements
and financial standards, as determined by the Secretary: Provided
further, That all awards of assistance under this heading shall be
required to coordinate and integrate homeless programs with other
mainstream health, social services, and employment programs for which
homeless populations may be eligible, including Medicaid, State
Children's Health Insurance Program, Temporary Assistance for Needy
Families, Food Stamps, and services funding through the Mental Health
and Substance Abuse Block Grant, Workforce Investment Act, and the
Welfare-to-Work grant program: Provided further, That up to $11,674,000
of the funds appropriated under this heading shall be available for the
national homeless data analysis project and technical assistance:
Provided further, That $1,000,000 of the funds appropriated under this
heading shall be transferred to the Working Capital Fund: Provided
further, That all balances for Shelter Plus Care renewals previously
funded from the Shelter Plus Care Renewal account and transferred to
this account be available, if recaptured, for Shelter Plus Care
renewals in fiscal year 2006.
Housing Programs
housing for the elderly
(including transfer of funds)
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental assistance
for the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, and for
supportive services associated with the housing, $741,000,000, to
remain available until September 30, 2009, of which amount $49,600,000
shall be for service coordinators and the continuation of existing
congregate service grants for residents of assisted housing projects,
and of which amount up to $24,800,000 shall be for grants under section
202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of
eligible projects under such section to assisted living or related use
and for emergency capital repairs as determined by the Secretary:
Provided, That amounts made available under this heading shall be
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 202 capital advance
projects: Provided further, That $400,000 shall be transferred to the
Working Capital Fund: Provided further, That the Secretary may waive
the provisions of section 202 governing the terms and conditions of
project rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration.
housing for persons with disabilities
(including transfer of funds)
For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-Gonzalez
National Affordable Housing Act, for project rental assistance for
supportive housing for persons with disabilities under section
811(d)(2) of such Act, including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up
to a 1-year term, and for supportive services associated with the
housing for persons with disabilities as authorized by section
811(b)(1) of such Act, and for tenant-based rental assistance contracts
entered into pursuant to section 811 of such Act, $238,100,000 to
remain available until September 30, 2009: Provided, That $400,000
shall be transferred to the Working Capital Fund: Provided further,
That, of the amount provided under this heading $78,300,000 shall be
for amendments or renewal of tenant-based assistance contracts entered
into prior to fiscal year 2005 (only one amendment authorized for any
such contract): Provided further, That of the amount provided under
this heading, the Secretary may make available up to $5,000,000 for
incremental tenant-based rental assistance, as authorized by section
811 of such Act (which assistance is 5 years in duration): Provided
further, That all tenant-based assistance made available under this
heading shall continue to remain available only to persons with
disabilities: Provided further, That the Secretary may waive the
provisions of section 811 governing the terms and conditions of project
rental assistance and tenant-based assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration:
Provided further That amounts made available under this heading shall
be available for Real Estate Assessment Center Inspections and
inspection-related activities associated with Section 811 Capital
Advance Projects.
other assisted housing programs
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-
insured rental housing projects, $26,400,000, to remain available until
expended.
flexible subsidy fund
(transfer of funds)
From the Rental Housing Assistance Fund, all uncommitted balances
of excess rental charges as of September 30, 2005, and any collections
made during fiscal year 2006 and all subsequent fiscal years, shall be
transferred to the Flexible Subsidy Fund, as authorized by section
236(g) of the National Housing Act, as amended.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974, as amended (42
U.S.C. 5401 et seq.), up to $12,896,000 to remain available until
expended, to be derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated under this
heading shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this heading
from the general fund shall be reduced as such collections are received
during fiscal year 2006 so as to result in a final fiscal year 2006
appropriation from the general fund estimated at not more than $0 and
fees pursuant to such section 620 shall be modified as necessary to
ensure such a final fiscal year 2006 appropriation.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2006, commitments to guarantee loans to carry
out the purposes of section 203(b) of the National Housing Act, as
amended, shall not exceed a loan principal of $185,000,000,000.
During fiscal year 2006, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $50,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance
Fund.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, $355,000,000, of which not to exceed
$351,000,000 shall be transferred to the appropriation for ``Salaries
and expenses''; and not to exceed $4,000,000 shall be transferred to
the appropriation for ``Office of Inspector General''. In addition, for
administrative contract expenses, $62,600,000, of which $18,281,000
shall be transferred to the Working Capital Fund: Provided, That to the
extent guaranteed loan commitments exceed $65,500,000,000 on or before
April 1, 2006, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $30,000,000.
general and special risk program account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
including the cost of loan guarantee modifications, as that term is
defined in section 502 of the Congressional Budget Act of 1974, as
amended, $8,800,000, to remain available until expended: Provided, That
commitments to guarantee loans shall not exceed $35,000,000,000 in
total loan principal, any part of which is to be guaranteed.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $50,000,000, of which not to exceed
$30,000,000 shall be for bridge financing in connection with the sale
of multifamily real properties owned by the Secretary and formerly
insured under such Act; and of which not to exceed $20,000,000 shall be
for loans to nonprofit and governmental entities in connection with the
sale of single-family real properties owned by the Secretary and
formerly insured under such Act.
In addition, for administrative expenses necessary to carry out the
guaranteed and direct loan programs, $231,400,000, of which
$211,400,000 shall be transferred to the appropriation for ``Salaries
and Expenses''; and of which $20,000,000 shall be transferred to the
appropriation for ``Office of Inspector General''.
In addition, for administrative contract expenses necessary to
carry out the guaranteed and direct loan programs, $71,900,000, of
which $10,800,000 shall be transferred to the Working Capital Fund:
Provided, That to the extent guaranteed loan commitments exceed
$8,426,000,000 on or before April 1, 2006, an additional $1,980 for
administrative contract expenses shall be available for each $1,000,000
in additional guaranteed loan commitments over $8,426,000,000
(including a pro rata amount for any increment below $1,000,000), but
in no case shall funds made available by this proviso exceed
$14,400,000.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
(including transfer of funds)
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $200,000,000,000, to remain available until
September 30, 2007.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, $10,700,000, to be derived from the
GNMA guarantees of mortgage-backed securities guaranteed loan receipt
account, of which not to exceed $10,700,000, shall be transferred to
the appropriation for ``Salaries and Expenses''.
Policy Development and Research
Research and Technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $60,600,000, to remain
available until September 30, 2007: Provided, That of the total amount
provided under this heading, $5,000,000 shall be for the Partnership
for Advancing Technology in Housing (PATH) Initiative: Provided
further, That of the amounts made available for PATH under this
heading, $2,500,000 shall not be subject to the requirements of section
305 of this title: Provided further, That of funds made available under
this heading, $750,000 shall be transferred to the National Research
Council for a study in accordance with the accompanying Report:
Provided further, That $29,038,000 is for grants pursuant to section
107 of the Housing and Community Development Act of 1974, as amended,
as follows: $2,989,000 to support Alaska Native serving institutions
and Native Hawaiian serving institutions as defined under the Higher
Education Act, as amended; $2,562,000 for tribal colleges and
universities to build, expand, renovate, and equip their facilities and
to expand the role of the colleges into the community through the
provision of needed services such as health programs, job training and
economic development activities; $8,967,000 for Historically Black
Colleges and Universities program, of which up to $2,000,000 may be
used for technical assistance; $5,979,000 for the Community Outreach
Partnership Program; $5,979,000 for the Hispanic Serving Institutions
Program; and $2,562,000 for the Community Development Work Study
Program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$38,800,000 (increased by $7,700,000), to remain available until
September 30, 2007, of which $16,100,000 (increased by $3,900,000)
shall be to carry out activities pursuant to such section 561:
Provided, That no funds made available under this heading shall be used
to lobby the executive or legislative branches of the Federal
Government in connection with a specific contract, grant or loan.
Office of Lead Hazard Control
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$119,000,000 (increased by $47,656,000), to remain available until
September 30, 2007, of which $8,800,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970 that shall include research, studies, testing,
and demonstration efforts, including education and outreach concerning
lead-based paint poisoning and other housing-related diseases and
hazards: Provided, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other provisions of law that further the purposes of such
Act, a grant under the Healthy Homes Initiative, Operation Lead
Elimination Action Plan (LEAP), or the Lead Technical Studies program
under this heading or under prior appropriations Acts for such purposes
under this heading, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994.
Management and Administration
salaries and expenses
(including transfer of funds)
For necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided
for, including purchase of uniforms, or allowances therefore, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles;
services as authorized by 5 U.S.C. 3109; and not to exceed $25,000 for
official reception and representation expenses, $1,152,535,000, of
which $562,400,000 shall be provided from the various funds of the
Federal Housing Administration, $10,700,000 shall be provided from
funds of the Government National Mortgage Association, $150,000 shall
be provided by transfer from the ``Native American housing block
grants'' account, $250,000 shall be provided by transfer from the
``Indian housing loan guarantee fund program'' account and $35,000
shall be transferred from the ``Native Hawaiian housing loan guarantee
fund'' account: Provided, That funds made available under this heading
shall only be allocated in the manner specified in the Report
accompanying this Act unless the Committees on Appropriations of both
the House of Representatives and the Senate are notified of any changes
in an operating plan or reprogramming: Provided further, That no
official or employee of the Department shall be designated as an
allotment holder unless the Office of the Chief Financial Officer
(OCFO) has determined that such allotment holder has implemented an
adequate system of funds control and has received training in funds
control procedures and directives: Provided further, That the Chief
Financial Officer shall establish positive control of and maintain
adequate systems of accounting for appropriations and other available
funds as required by 31 U.S.C. 1514: Provided further, That for
purposes of funds control and determining whether a violation exists
under the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of
obligation shall be the executed agreement or contract, except with
respect to insurance and guarantee programs, certain types of salaries
and expenses funding, and incremental funding that is authorized under
an executed agreement or contract, and shall be designated in the
approved funds control plan: Provided further, That the Chief Financial
Officer shall: (1) appoint qualified personnel to conduct
investigations of potential or actual violations; (2) establish minimum
training requirements and other qualifications for personnel that may
be appointed to conduct investigations; (3) establish guidelines and
timeframes for the conduct and completion of investigations; (4)
prescribe the content, format and other requirements for the submission
of final reports on violations; and (5) prescribe such additional
policies and procedures as may be required for conducting
investigations of, and administering, processing, and reporting on,
potential and actual violations of the Anti-Deficiency Act and all
other statutes and regulations governing the obligation and expenditure
of funds made available in this or any other Act: Provided further,
That up to $15,000,000 may be transferred to the Working Capital Fund.
working capital fund
For additional capital for the Working Capital Fund (42 U.S.C.
3535) for the development of, modifications to, and infrastructure for
Department-wide information technology systems, for the continuing
operation of both Department-wide and program-specific information
systems, and for program-related development activities, $165,000,000
(reduced by $120,000,000) (reduced by $5,000,000), to remain available
until September 30, 2007: Provided, That any amounts transferred to
this Fund under this Act shall remain available until expended:
Provided further, That any amounts transferred to this Fund from
amounts appropriated by previously enacted appropriations Acts or from
within this Act may be used for the purposes specified under this Fund,
in addition to the purposes for which such amounts were appropriated.
office of inspector general
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$103,000,000, of which $24,000,000 shall be provided from the various
funds of the Federal Housing Administration: Provided, That the
Inspector General shall have independent authority over all personnel
issues within this office.
Office of Federal Housing Enterprise Oversight
salaries and expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992, including not to exceed $500 for official
reception and representation expenses, $60,000,000, to remain available
until expended, to be derived from the Federal Housing Enterprises
Oversight Fund: Provided, That of the amount made available under this
heading, $5,000,000 is for litigation and to continue ongoing special
investigations of the Federal housing enterprises: Provided further,
That the Director shall submit a spending plan for the amounts provided
under this heading no later than January 15, 2005: Provided further,
That not less than 80 percent of total amount made available under this
heading shall be used only for examination, supervision, and capital
oversight of the enterprises (as such term is defined in section 1303
of the Federal Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4502)) to ensure that the enterprises are operating
in a financially safe and sound manner and complying with the capital
requirements under Subtitle B of such Act: Provided further, That not
to exceed the amount provided herein shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of collections to
the Fund: Provided further, That the general fund amount shall be
reduced as collections are received during the fiscal year so as to
result in a final appropriation from the general fund estimated at not
more than $0.
Administrative Provisions
Sec. 301. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437 note) shall be rescinded, or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 302. None of the amounts made available under this Act may be
used during fiscal year 2006 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a non-frivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 303. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts
made available under this title for fiscal year 2006 that are allocated
under such section, the Secretary of Housing and Urban Development
shall allocate and make a grant, in the amount determined under
subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2006 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify
under clause (i) in fiscal year 2006 do not have the number of
cases of acquired immunodeficiency syndrome (AIDS) required
under such clause.
(b) The amount of the allocation and grant for any State described
in subsection (a) shall be an amount based on the cumulative number of
AIDS cases in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2006, in proportion to AIDS cases among
cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2006 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New
York, on behalf of the New York-Wayne-White Plains, New York-New Jersey
Metropolitan Division (hereafter ``metropolitan division'') of the New
York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of Housing and Urban Development by: (1)
allocating to the City of Jersey City, New Jersey, the proportion of
the metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the metropolitan
area or division that is located in Hudson County, New Jersey, and
adjusting for the proportion of the metropolitan division's high
incidence bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to the City of
Paterson, New Jersey, the proportion of the metropolitan area's or
division's amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is located in
Bergen County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence bonus if this
area in New Jersey also has a higher than average per capita incidence
of AIDS. The recipient cities shall use amounts allocated under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2006 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than
average per capita incidence of AIDS, shall be adjusted by the
Secretary on the basis of area incidence reported over a three year
period.
Sec. 304. (a) During fiscal year 2006, in the provision of rental
assistance under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the
economy and effectiveness of providing such assistance for use in
assisted living facilities that is carried out in the counties of the
State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of
such section 8(o), a family residing in an assisted living facility in
any such county, on behalf of which a public housing agency provides
assistance pursuant to section 8(o)(18) of such Act, may be required,
at the time the family initially receives such assistance, to pay rent
in an amount exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of Housing and
Urban Development determines to be appropriate.
Sec. 305. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title III of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989.
Sec. 306. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1831).
Sec. 307. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 308. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act, as amended, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance with
law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of such Act as may
be necessary in carrying out the programs set forth in the budget for
2006 for such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies may be
used for new loan or mortgage purchase commitments only to the extent
expressly provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or where loans
or mortgage purchases are necessary to protect the financial interest
of the United States Government.
Sec. 309. None of the funds provided in this title for technical
assistance, training, or management improvements may be obligated or
expended unless HUD provides to the Committees on Appropriations a
description of each proposed activity and a detailed budget estimate of
the costs associated with each program, project or activity as part of
the Budget Justifications. For fiscal year 2006, HUD shall transmit
this information to the Committees by March 15, 2006 for 30 days of
review.
Sec. 310. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of
the Department and shall submit additional, updated budget information
to these Committees upon request.
Sec. 311. Notwithstanding any other provision of law, in fiscal
year 2006, in managing and disposing of any multifamily property that
is owned or held by the Secretary and is occupied primarily by elderly
or disabled families, the Secretary of Housing and Urban Development
shall maintain any rental assistance payments under section 8 of the
United States Housing Act of 1937 that are attached to any dwelling
units in the property. To the extent the Secretary determines that such
a multifamily property owned or held by the Secretary is not feasible
for continued rental assistance payments under such section 8, the
Secretary may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an owner or
owners of other existing housing properties or provide other rental
assistance.
Sec. 312. (a) Notwithstanding any other provision of law, the
amount allocated for fiscal year 2006 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
New Jersey Metropolitan Division (hereafter ``metropolitan division''),
shall be adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the
metropolitan division's amount that is based on the number of cases of
AIDS reported in the portion of the metropolitan division that is
located in New Jersey, and adjusting for the proportion of the
metropolitan division's high incidence bonus if this area in New Jersey
also has a higher than average per capita incidence of AIDS. The State
of New Jersey shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the
metropolitan division that is located in New Jersey.
(b) Notwithstanding any other provision of law, the Secretary of
Housing and Urban Development shall allocate to Wake County, North
Carolina, the amounts that otherwise would be allocated for fiscal year
2006 under section 854(c) of the AIDS Housing Opportunity Act (42
U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of
the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any
amounts allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904) within such
metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban
Development may adjust the allocation of the amounts that otherwise
would be allocated for fiscal year 2006 under section 854(c) of such
Act, upon the written request of an applicant, in conjunction with the
State(s), for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which the
metropolitan statistical area is located as the eligible grantee(s) of
the allocation. In the case that a metropolitan statistical area
involves more than one State, such amounts allocated to each State
shall be in proportion to the number of cases of AIDS reported in the
portion of the metropolitan statistical area located in that State. Any
amounts allocated to a State under this section shall be used to carry
out eligible activities within the portion of the metropolitan
statistical area located in that State.
Sec. 313. Notwithstanding any other provision of law, for this
fiscal year and every fiscal year thereafter, funds appropriated for
housing for the elderly, as authorized by section 202 of the Housing
Act of 1959, as amended, and for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-Gonzalez
National Affordable Housing Act, shall be available for the cost of
maintaining and disposing of such properties that are acquired or
otherwise become the responsibility of the Department.
Sec. 314. The Secretary of Housing and Urban Development shall
submit an annual report no later than August 30, 2006 and annually
thereafter to the House and Senate Committees on Appropriations
regarding the number of Federally assisted units under lease and the
per unit cost of these units to the Department of Housing and Urban
Development.
Sec. 315. The Department of Housing and Urban Development shall
submit the Department's fiscal year 2006 congressional budget
justifications to the Committees on Appropriations of the House of
Representatives and the Senate using the identical structure provided
under this Act and only in accordance with the direction specified in
the report accompanying this Act.
Sec. 316. That incremental vouchers previously made available under
the heading ``Housing Certificate Fund'' or renewed under the heading,
``Tenant-Based Rental Assistance,'' for non-elderly disabled families
shall, to the extent practicable, continue to be provided to non-
elderly disabled families upon turnover.
Sec. 317. A public housing agency or such other entity that
administers Federal housing assistance in the States of Alaska, Iowa,
and Mississippi shall not be required to include a resident of public
housing or a recipient of assistance provided under section 8 of the
United States Housing Act of 1937 on the board of directors or a
similar governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or other entity
that administers Federal housing assistance under section 8 in the
States of Alaska, Iowa and Mississippi shall establish an advisory
board of not less than 6 residents of public housing or recipients of
section 8 assistance to provide advice and comment to the public
housing agency or other administering entity on issues related to
public housing and section 8. Such advisory board shall meet not less
than quarterly.
Sec. 318. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title II of this
Act shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 319. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 320. Clarification Regarding Mortgage Insurance for Purchase
of Existing Health Care Facilities.--Section 223(f)(1) of the National
Housing Act is amended by inserting ``purchase or'' immediately before
``refinancing of existing debt''.
Sec. 321. Notwithstanding any other provision of law, for fiscal
year 2006 and thereafter, all mortgagees receiving interest reduction
payments under section 236 of the National Housing Act (12 U.S.C.
1715z-1) shall submit only electronic invoices to the Department of
Housing and Development in order to receive such payments.The
mortgagees shall comply with this requirement no later than 90 days
from the date of enactment of this provision.
Sec. 322. Notwithstanding any other provision of law, the recipient
of a grant under section 202b of the Housing Act of 1959 (12 U.S.C.
1701q-2) after December 26, 2000, in accordance with the unnumbered
paragraph at the end of section 202b(b) of such Act, may, at its
option, establish a single-asset nonprofit entity to own the project
and may lend the grant funds to such entity, which may be a private
nonprofit organization described in section 831 of the American
Homeownership and Economic Opportunity Act of 2000.
TITLE IV--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $60,730,000,
of which $2,000,000 shall remain available until expended.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by
the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $5,624,000, which
shall remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $24,613,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services, and necessary expenses
of the court, as authorized by law, $15,480,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the
United States Court of Federal Claims, bankruptcy judges, magistrate
judges, and all other officers and employees of the Federal Judiciary
not otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $4,348,780,000 (including the purchase of
firearms and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects; of which $1,300,000 of the funds provided for
the Judiciary Information Technology Fund will be for the Edwin L.
Nelson Local Initiatives Program, within which $1,000,000 will be
reserved for local court grants.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $3,833,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under the Criminal Justice Act of 1964, as amended
(18 U.S.C. 3006A); the compensation and reimbursement of expenses of
persons furnishing investigative, expert and other services under the
Criminal Justice Act of 1964 as amended (18 U.S.C. 3006A(e)); the
compensation (in accordance with Criminal Justice Act maximums) and
reimbursement of expenses of attorneys appointed to assist the court in
criminal cases where the defendant has waived representation by
counsel; the compensation and reimbursement of travel expenses of
guardians ad litem acting on behalf of financially eligible minor or
incompetent offenders in connection with transfers from the United
States to foreign countries with which the United States has a treaty
for the execution of penal sentences; the compensation of attorneys
appointed to represent jurors in civil actions for the protection of
their employment, as authorized by 28 U.S.C. 1875(d); and for necessary
training and general administrative expenses, $721,919,000, to remain
available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $60,053,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses
and other facilities housing Federal court operations, and the
procurement, installation, and maintenance of security systems and
equipment for United States courthouses and other facilities housing
Federal court operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols, perimeter
security, basic security services provided by the Federal Protective
Service, and other similar activities as authorized by section 1010 of
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $379,461,000, of which not to exceed $15,000,000 shall remain
available until expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible for
administering the Judicial Facility Security Program consistent with
standards or guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $70,262,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $22,249,000; of which $1,800,000 shall
remain available through September 30, 2007, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $36,800,000; to the Judicial Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $600,000; and to the
United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $3,200,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $14,046,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
Sec. 401. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 810 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. Notwithstanding any other provision of law, the salaries
and expenses appropriation for Courts of Appeals, District Courts, and
Other Judicial Services shall be available for official reception and
representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
TITLE V--THE DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for District of Columbia resident tuition support,
$33,200,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program: Provided
further, That the Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on Appropriations of the
House of Representatives and Senate for these funds showing, by object
class, the expenditures made and the purpose therefor: Provided
further, That not more than $1,200,000 of the total amount appropriated
for this program may be used for administrative expenses.
federal payment for emergency planning and security costs in the
district of columbia
For necessary expenses, as determined by the Mayor of the District
of Columbia in written consultation with the elected county or city
officials of surrounding jurisdictions, $15,000,000, to remain
available until expended, to reimburse the District of Columbia for the
costs of providing public safety at events related to the presence of
the national capital in the District of Columbia and for the costs of
providing support to respond to immediate and specific terrorist
threats or attacks in the District of Columbia or surrounding
jurisdictions: Provided, That any amount provided under this heading
shall be available only after notice of its proposed use has been
transmitted by the President to Congress and such amount has been
apportioned pursuant to chapter 15 of title 31, United States Code.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$221,693,000, to be allocated as follows: for the District of Columbia
Court of Appeals, $9,198,000, of which not to exceed $1,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $87,342,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $41,643,000, of which not to exceed $1,500 is
for official reception and representation expenses; and $83,510,000, to
remain available until September 30, 2007, for capital improvements for
District of Columbia courthouse facilities: Provided, That
notwithstanding any other provision of law, a single contract or
related contracts for development and construction of facilities may be
employed which collectively include the full scope of the project:
Provided further, That the solicitation and contract shall contain the
clause ``availability of Funds'' found at 48 CFR 52.232-18: Provided
further, That funds made available for capital improvements shall be
expended consistent with the General Services Administration master
plan study and building evaluation report: Provided further, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies, with
payroll and financial services to be provided on a contractual basis
with the General Services Administration (GSA), and such services shall
include the preparation of monthly financial reports, copies of which
shall be submitted directly by GSA to the President and to the
Committees on Appropriations of the House of Representatives and
Senate, the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of the
Senate: Provided further, That 30 days after providing written notice
to the Committees on Appropriations of the House of Representatives and
Senate, the District of Columbia Courts may reallocate not more than
$1,000,000 of the funds provided under this heading among the items and
entities funded under this heading for operations, and not more than 4
percent of the funds provided under this heading for facilities.
defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Code, and payments for counsel
authorized under section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$45,000,000, to remain available until expended: Provided, That the
funds provided in this Act under the heading ``Federal Payment to the
District of Columbia Courts'' (other than the $83,510,000 provided
under such heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under this
heading: Provided further, That in addition to the funds provided under
this heading, the Joint Committee on Judicial Administration in the
District of Columbia may use funds provided in this Act under the
heading ``Federal Payment to the District of Columbia Courts'' (other
than the $83,510,000 provided under such heading for capital
improvements for District of Columbia courthouse facilities), to make
payments described under this heading for obligations incurred during
any fiscal year: Provided further, That funds provided under this
heading shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided futher, That
notwithstanding any other provision of law, this appropriation shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
expenses of other Federal agencies, with payroll and financial services
to be provided on a contractual basis with the General Services
Administration (GSA), and such services shall include the preparation
of monthly financial reports, copies of which shall be submitted
directly by GSA to the President and to the Committees on
Appropriations of the House of Representatives and Senate, the
Committee on Government Reform of the House of Representatives, and the
Committee on Governmental Affairs of the Senate.
federal payment to the court services and offender supervision agency
for the district of columbia
(including transfer of funds)
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia and the Public Defender Service for the District
of Columbia, as authorized by the National Capital Revitalization and
Self-Government Improvement Act of 1997, $203,388,000, of which not to
exceed $2,000 is for official receptions and representation expenses
related to Community Supervision and Pretrial Services Agency programs;
of which not to exceed $25,000 is for dues and assessments relating to
the implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which $131,360,000 shall
be for necessary expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to the supervision of adults
subject to protection orders or the provision of services for or
related to such persons; of which $42,195,000 shall be available to the
Pretrial Services Agency; and of which $29,833,000 shall be transferred
to the Public Defender Service for the District of Columbia: Provided,
That notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, That the Director is authorized to accept and use
gifts in the form of in-kind contributions of space and hospitality to
support offender and defendant programs, and equipment and vocational
training services to educate and train offenders and defendants:
Provided further, That the Director shall keep accurate and detailed
records of the acceptance and use of any gift or donation under the
previous proviso, and shall make such records available for audit and
public inspection: Provided further, That the Court Services and
Offender Supervision Agency Director is authorized to accept and use
reimbursement from the D.C. Government for space and services provided
on a cost reimbursable basis: Provided further, That the Public
Defender Service is authorized to charge fees to cover costs of
materials distributed and training provided to attendees of educational
events, including conferences, sponsored by the Public Defender
Service, and notwithstanding section 3302 of title 31, United States
Code, said fees shall be credited to the Public Defender Service
account to be available for use without further appropriation.
Federal Payment to the District of Columbia
water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $10,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
federal payment for the anacostia waterfront initiative
For a Federal payment to the District of Columbia Department of
Transportation, $5,000,000, to remain available until September 30,
2007, for design and construction of a continuous pedestrian and
bicycle trail system from the Potomac River to the District's border
with Maryland.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,300,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment to the office of the chief financial officer of the
district of columbia
For a Federal payment to the Office of the Chief Financial Officer
of the District of Columbia, $20,000,000: Provided, That each entity
that receives funding under this heading shall submit to the Office of
the Chief Financial Officer of the District of Columbia (CFO) a report
on the activities to be carried out with such funds no later than March
15, 2006, and the CFO shall submit a comprehensive report to the
Committees on Appropriations of the House of Representatives and the
Senate no later June 1, 2006.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $41,616,000, to be allocated as follows: for the
District of Columbia Public Schools, $13,525,000 to improve public
school education in the District of Columbia; for the State Education
Office, $13,525,000 to expand quality public charter schools in the
District of Columbia, to remain available until September 30, 2007; for
the Secretary of the Department of Education, $14,566,000 to provide
opportunity scholarships for students in the District of Columbia in
accordance with division C, title III of the District of Columbia
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), of which
up to $1,000,000 may be used to administer and fund assessments.
federal payment for bioterrorism and forensics laboratory
For a Federal payment to the District of Columbia, $7,200,000, to
remain available until September 30, 2007, for design, planning, and
procurement costs associated with the construction of a bioterrorism
and forensics laboratory: Provided, That the District of Columbia shall
provide an additional $1,500,000 with local funds as a condition of
receiving this payment.
District of Columbia Funds
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided: Provided, That
notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act (D.C. Official
Code, sec. 1-204.50a) and provisions of this Act, the total amount
appropriated in this Act for operating expenses for the District of
Columbia for fiscal year 2006 under this heading shall not exceed the
lesser of the sum of the total revenues of the District of Columbia for
such fiscal year or $8,700,158,000 (of which $5,007,344,000 shall be
from local funds, $1,921,287,000 shall be from Federal grant funds,
$1,754,399,000 shall be from other funds, and $17,129,000 shall be from
private funds), in addition, $163,116,000 from funds previously
appropriated in this Act as Federal payments: Provided further, That of
the local funds, $466,830,000 shall be derived from the District's
general fund balance: Provided further, That of these funds the
District's intradistrict authority shall be $468,486,000: Provided
further, That the amounts provided under this heading are to be
allocated and expended as proposed under ``Title II-District of
Columbia Funds'' of the Fiscal Year 2006 Proposed Budget and Financial
Plan submitted to the Congress of the United States by the District of
Columbia on June 6, 2005: Provided further, That this amount may be
increased by proceeds of one-time transactions, which are expended for
emergency or unanticipated operating or capital needs: Provided
further, That such increases shall be approved by enactment of local
District law and shall comply with all reserve requirements contained
in the District of Columbia Home Rule Act as amended by this Act:
Provided further, That the Chief Financial Officer of the District of
Columbia shall take such steps as are necessary to assure that the
District of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2006, except
that the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other obligations
issued for capital projects.
governmental direction and support
Administrative Provisions--District of Columbia
Sec. 501. Whenever in this title, an amount is specified within an
appropriation for a particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 502. Appropriations in this title shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government, when
authorized by the Mayor, or, in the case of the Council of the District
of Columbia, funds may be expended with the authorization of the
Chairman of the Council.
Sec. 503. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 504. (a) Except as provided in subsection (b), no part of this
appropriation shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to support or
defeat legislation pending before Congress or any State legislature.
(b) The District of Columbia may use local funds provided in this
title to carry out lobbying activities on any matter other than--
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or voting
representation in Congress for the District of Columbia.
(c) Nothing in this section may be construed to prohibit any
elected official from advocating with respect to any of the issues
referred to in subsection (b).
Sec. 505. (a) None of the funds provided under this title to the
agencies funded by this title, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2006, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this title, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) reestablishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless the Committees on Appropriations of the House of Representatives
and Senate are notified in writing 15 days in advance of the
reprogramming.
(b) None the local funds contained in this title may be available
for obligation or expenditure for an agency through a transfer of any
local funds in excess of $3,000,000 from one appropriation heading to
another unless the Committees on Appropriations of the House of
Representatives and Senate are notified in writing 15 days in advance
of the transfer, except that in no event may the amount of any funds
transferred exceed 4 percent of the local funds in the appropriations.
Sec. 506. Consistent with the provisions of section 1301(a) of
title 31, United States Code, appropriations under this title shall be
applied only to the objects for which the appropriations were made
except as otherwise provided by law.
Sec. 507. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978 (D.C. Law 2-139; D.C. Official Code, sec. 1-
601.01 et seq.), enacted pursuant to section 422(3) of the District of
Columbia Home Rule Act (D.C. Official Code, sec. 1-204l.22(3)), shall
apply with respect to the compensation of District of Columbia
employees. For pay purposes, employees of the District of Columbia
government shall not be subject to the provisions of title 5, United
States Code.
Sec. 508. No later than 30 days after the end of the first quarter
of fiscal year 2006, the Mayor of the District of Columbia shall submit
to the Council of the District of Columbia and the Committees on
Appropriations of the House of Representatives and Senate the new
fiscal year 2006 revenue estimates as of the end of such quarter. These
estimates shall be used in the budget request for fiscal year 2007. The
officially revised estimates at midyear shall be used for the midyear
report.
Sec. 509. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended without
opening that contract to the competitive bidding process as set forth
in section 303 of the District of Columbia Procurement Practices Act of
1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-303.03), except that
the District of Columbia government or any agency thereof may renew or
extend sole source contracts for which competition is not feasible or
practical, but only if the determination as to whether to invoke the
competitive bidding process has been made in accordance with duly
promulgated rules and procedures and has been reviewed and certified by
the Chief Financial Officer of the District of Columbia.
Sec. 510. None of the Federal funds provided in this title may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 511. None of the Federal funds made available in this title
may be used to implement or enforce the Health Care Benefits Expansion
Act of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.)
or to otherwise implement or enforce any system of registration of
unmarried, cohabiting couples, including but not limited to
registration for the purpose of extending employment, health, or
governmental benefits to such couples on the same basis that such
benefits are extended to legally married couples.
Sec. 512. (a) Notwithstanding any other provision of this title,
the Mayor, in consultation with the Chief Financial Officer of the
District of Columbia may accept, obligate, and expend Federal, private,
and other grants received by the District government that are not
reflected in the amounts appropriated in this title.
(b)(1) No such Federal, private, or other grant may be obligated,
or expended pursuant to subsection (a) until--
(A) the Chief Financial Officer of the District of Columbia
submits to the Council a report setting forth detailed
information regarding such grant; and
(B) the Council has reviewed and approved the obligation,
and expenditure of such grant.
(2) For purposes of paragraph (1)(B), the Council shall be deemed
to have reviewed and approved the obligation, and expenditure of a
grant if--
(A) no written notice of disapproval is filed with the
Secretary of the Council within 14 calendar days of the receipt
of the report from the Chief Financial Officer under paragraph
(1)(A); or
(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
obligation, or expenditure of the grant within 30 calendar days
of the initial receipt of the report from the Chief Financial
Officer under paragraph (1)(A).
(c) No amount may be obligated or expended from the general fund or
other funds of the District of Columbia government in anticipation of
the approval or receipt of a grant under subsection (b)(2) or in
anticipation of the approval or receipt of a Federal, private, or other
grant not subject to such subsection.
(d) The Chief Financial Officer of the District of Columbia may
adjust the budget for Federal, private, and other grants received by
the District government reflected in the amounts appropriated in this
title, or approved and received under subsection (b)(2) to reflect a
change in the actual amount of the grant.
(e) The Chief Financial Officer of the District of Columbia shall
prepare a quarterly report setting forth detailed information regarding
all Federal, private, and other grants subject to this section. Each
such report shall be submitted to the Council of the District of
Columbia and to the Committees on Appropriations of the House of
Representatives and Senate not later than 15 days after the end of the
quarter covered by the report.
Sec. 513. (a) Except as otherwise provided in this section, none of
the funds made available by this title or by any other title may be
used to provide any officer or employee of the District of Columbia
with an official vehicle unless the officer or employee uses the
vehicle only in the performance of the officer's or employee's official
duties. For purposes of this paragraph, the term ``official duties''
does not include travel between the officer's or employee's residence
and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day or is otherwise designated by the
Fire Chief;
(3) the Mayor of the District of Columbia; and
(4) the Chairman of the Council of the District of
Columbia.
(b) The Chief Financial Officer of the District of Columbia shall
submit by March 1, 2006, an inventory, as of September 30, 2005, of all
vehicles owned, leased or operated by the District of Columbia
government. The inventory shall include, but not be limited to, the
department to which the vehicle is assigned; the year and make of the
vehicle; the acquisition date and cost; the general condition of the
vehicle; annual operating and maintenance costs; current mileage; and
whether the vehicle is allowed to be taken home by a District officer
or employee and if so, the officer or employee's title and resident
location.
Sec. 514. None of the funds contained in this title may be used for
purposes of the annual independent audit of the District of Columbia
government for fiscal year 2006 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia, in coordination with the Chief Financial
Officer of the District of Columbia, pursuant to section
208(a)(4) of the District of Columbia Procurement Practices Act
of 1985 (D.C. Official Code, sec. 2-302.8); and
(2) the audit includes as a basic financial statement a
comparison of audited actual year-end results with the revenues
submitted in the budget document for such year and the
appropriations enacted into law for such year using the format,
terminology, and classifications contained in the law making
the appropriations for the year and its legislative history.
Sec. 515. (a) None of the funds contained in this title may be used
by the District of Columbia Corporation Counsel or any other officer or
entity of the District government to provide assistance for any
petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
(b) Nothing in this section bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
Sec. 516. (a) None of the funds contained in this title may be used
for any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds contained in
this title and who carries out any program described in subsection (a)
shall account for all funds used for such program separately from any
funds contained in this title.
Sec. 517. None of the funds contained in this title may be used
after the expiration of the 60-day period that begins on the date of
the enactment of this title to pay the salary of any chief financial
officer of any office of the District of Columbia government (including
any independent agency of the District of Columbia) who has not filed a
certification with the Mayor and the Chief Financial Officer of the
District of Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's agency as a
result of this title (and the amendments made by this title), including
any duty to prepare a report requested either in the title or in any of
the reports accompanying the title and the deadline by which each
report must be submitted: Provided, That the Chief Financial Officer of
the District of Columbia shall provide to the Committees on
Appropriations of the House of Representatives and Senate by the 10th
day after the end of each quarter a summary list showing each report,
the due date, and the date submitted to the Committees.
Sec. 518. Nothing in this title may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 519. The Mayor of the District of Columbia shall submit to the
Committees on Appropriations of the House of Representatives and
Senate, the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of the
Senate quarterly reports addressing--
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local
beats, and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the
effectiveness of treatment programs;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway houses escapes and steps taken
to improve monitoring and supervision of halfway house
residents to reduce the number of escapes to be provided in
consultation with the Court Services and Offender Supervision
Agency for the District of Columbia;
(4) education, including access to special education
services and student achievement to be provided in consultation
with the District of Columbia Public Schools and the District
of Columbia public charter schools;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type of
grants awarded to the District but for which the District
failed to spend the amounts received; and
(7) indicators of child well-being.
Sec. 520. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer of the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia a revised
appropriated funds operating budget in the format of the budget that
the District of Columbia government submitted pursuant to section 442
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for
fiscal year 2006 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal-services, respectively, with anticipated actual
expenditures.
(b) This section shall apply only to an agency where the Chief
Financial Officer of the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 521. None of the Federal funds made available in this title
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 appropriation
Act.
Sec. 522. Notwithstanding any other law, in fiscal year 2006 and in
each subsequent fiscal year, the District of Columbia Courts shall
transfer to the general treasury of the District of Columbia all fines
levied and collected by the Courts under section 10(b)(1) and (2) of
the District of Columbia Traffic Act (D.C. Official Code, sec. 50-
2201.05(b)(1) and (2)): Provided, that the transferred funds are hereby
made available and shall remain available until expended and shall be
used by the Office of the Attorney General of the District of Columbia
for enforcement and prosecution of District traffic alcohol laws in
accordance with section 10(b)(3) of the District of Columbia Traffic
Act (D.C. Official Code, sec. 50-2201.05(b)(3)).
Sec. 523. (a) None of the funds contained in this Act may be made
available to pay--
(1) the fees of an attorney who represents a party in an
action or an attorney who defends an action brought against the
District of Columbia Public Schools under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) in excess
of $4,000 for that action; or
(2) the fees of an attorney or firm whom the Chief
Financial Officer of the District of Columbia determines to
have a pecuniary interest, either through an attorney, officer,
or employee of the firm, in any special education diagnostic
services, schools, or other special education service
providers.
(b) In this section, the term ``action'' includes an administrative
proceeding and any ensuing or related proceedings before a court of
competent jurisdiction.
Sec. 524. The Chief Financial Officer of the District of Columbia
shall require attorneys in special education cases brought under the
Individuals with Disabilities Education Act (IDEA) in the District of
Columbia to certify in writing that the attorney or representative
rendered any and all services for which they receive awards, including
those received under a settlement agreement or as part of an
administrative proceeding, under the IDEA from the District of
Columbia. As part of the certification, the Chief Financial Officer of
the District of Columbia shall require all attorneys in IDEA cases to
disclose any financial, corporate, legal, memberships on boards of
directors, or other relationships with any special education diagnostic
services, schools, or other special education service providers to
which the attorneys have referred any clients as part of this
certification. The Chief Financial Officer shall prepare and submit
quarterly reports to the Committees on Appropriations of the House of
Representatives and Senate on the certification of and the amount paid
by the government of the District of Columbia, including the District
of Columbia Public Schools, to attorneys in cases brought under IDEA.
The Inspector General of the District of Columbia may conduct
investigations to determine the accuracy of the certifications.
Sec. 525. The amount appropriated by this title may be increased by
no more than $42,000,000 from funds identified in the comprehensive
annual financial report as the District's fiscal year 2005 unexpended
general fund surplus. The District may obligate and expend these
amounts only in accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify that the use of any such amounts is not
anticipated to have a negative impact on the District's long-
term financial, fiscal, and economic vitality.
(2) The District of Columbia may only use these funds for
the following expenditures:
(A) One-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt Reduction.
(D) Program needs.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support of each
such obligation or expenditure.
(4) The amounts may not be used to fund the agencies of the
District of Columbia government under court ordered
receivership.
(5) The amounts may not be obligated or expended unless the
Mayor notifies the Committees on Appropriations of the House of
Representatives and Senate not fewer than 30 days in advance of
the obligation or expenditure.
Sec. 526. (a) The fourth proviso in the item relating to ``Federal
Payment for School Improvement'' in the District of Columbia
Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1327) is
amended--
(1) by striking ``$4,000,000'' and inserting ``$4,000,000,
to remain available until expended,''; and
(2) by striking ``$2,000,000 shall be for a new incentive
fund'' and inserting ``$2,000,000, to remain available until
expended, shall be for a new incentive fund''.
(b) The amendments made by subsection (a) shall take effect as if
included in the enactment of the District of Columbia Appropriations
Act, 2005.
Sec. 527. (a) To account for an unanticipated growth of revenue
collections, the amount appropriated as District of Columbia Funds
pursuant to this Act may be increased--
(1) by an aggregate amount of not more than 25 percent, in
the case of amounts proposed to be allocated as ``Other-Type
Funds'' in the Fiscal Year 2006 Proposed Budget and Financial
Plan submitted to Congress by the District of Columbia on June
6, 2005; and
(2) by an aggregate amount of not more than 6 percent, in
the case of any other amounts proposed to be allocated in such
Proposed Budget and Financial Plan.
(b) The District of Columbia may obligate and expend any increase
in the amount of funds authorized under this section only in accordance
with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify--
(A) the increase in revenue; and
(B) that the use of the amounts is not anticipated
to have a negative impact on the long-term financial,
fiscal, or economic health of the District.
(2) The amounts shall be obligated and expended in
accordance with laws enacted by the Council of the District of
Columbia in support of each such obligation and expenditure,
consistent with the requirements of this Act.
(3) The amounts may not be used to fund any agencies of the
District government operating under court-ordered receivership.
(4) The amounts may not be obligated or expended unless the
Mayor has notified the Committees on Appropriations of the
House of Representatives and Senate not fewer than 30 days in
advance of the obligation or expenditure.
Sec. 528. (a) Notwithstanding section 450A of the District of
Columbia Home Rule Act, during fiscal year 2006 the District of
Columbia may allocate amounts from the emergency reserve fund
established under section 450A(a) of such Act and the contingency
reserve fund established under section 450A(b) of such Act and use such
amounts to fund the operations of the District government during such
fiscal year (consistent with the requirements of this Act and other
applicable law).
(b) The aggregate amount allocated from the emergency reserve fund
or the contingency reserve fund under this section may not exceed 50
percent of the balance of the fund involved as of October 1, 2005.
(c) If the District of Columbia allocates any amounts from a
reserve fund under this section, the District shall fully replenish the
fund for the amounts allocated not later than February 15, 2007.
Sec. 529. Notwithstanding any other provision of this Act, there is
hereby appropriated for the Office of the Inspector General such
amounts in local funds, as are consistent with the annual estimates for
the expenditures and appropriations necessary for the operation of the
Office of the Inspector General as prepared by the Inspector General
and submitted to the Mayor and forwarded to the Council pursuant to
D.C. Official Code 2-302.08(a)(2)(A) for fiscal year 2005: Provided,
That the Office of the Chief Financial Officer shall take such steps as
are necessary to implement the provisions of this subsection.
Sec. 530. (a) None of the funds contained in this title may be used
to enact or carry out any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment Initiative
of 1998, also known as Initiative 59, approved by the electors of the
District of Columbia on November 3, 1998, shall not take effect.
Sec. 531. None of the funds appropriated under this title shall be
expended for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
TITLE VI--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance
at the rate of $50,000 per annum as authorized by 3 U.S.C. 102,
$450,000: Provided, That none of the funds made available for official
expenses shall be expended for any other purpose and any unused amount
shall revert to the Treasury pursuant to section 1552 of title 31,
United States Code.
White House Office
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers,
periodicals, teletype news service, and travel (not to exceed $100,000
to be expended and accounted for as provided by 3 U.S.C. 103); and not
to exceed $19,000 for official entertainment expenses, to be available
for allocation within the Executive Office of the President,
$53,830,000: Provided, That of the funds appropriated under this
heading, $1,500,000 shall be for the Privacy and Civil Liberties
Oversight Board.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $12,436,000, to be expended
and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under section 3717 of title 31, United States
Code: Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts: Provided further, That the
Executive Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of the fiscal
year covered by this Act, a report setting forth the reimbursable
operating expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the amount of
such total that consists of reimbursable official and ceremonial
events, the amount of such total that consists of reimbursable
political events, and the portion of each such amount that has been
reimbursed as of the date of the report: Provided further, That the
Executive Residence shall maintain a system for the tracking of
expenses related to reimbursable events within the Executive Residence
that includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any
other applicable requirement of subchapter I or II of chapter 37 of
title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $1,700,000, to remain available until
expended, for required maintenance, safety and health issues, and
continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021), $4,040,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$3,500,000.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $8,705,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $89,322,000, of which $11,768,000 shall
remain available until expended for the Capital Investment Plan for
continued modernization of the information technology infrastructure
within the Executive Office of the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title
44, United States Code, $76,930,000 (reduced by $9,000,000), of which
not to exceed $3,000 shall be available for official representation
expenses: Provided, That, as provided in 31 U.S.C. 1301(a),
appropriations shall be applied only to the objects for which
appropriations were made and shall be allocated in accordance with the
terms and conditions set forth in the accompanying Report except as
otherwise provided by law: Provided further, That none of the funds
appropriated in this Act for the Office of Management and Budget may be
used for the purpose of reviewing any agricultural marketing orders or
any activities or regulations under the provisions of the Agricultural
Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided
further, That none of the funds made available for the Office of
Management and Budget by this Act may be expended for the altering of
the transcript of actual testimony of witnesses, except for testimony
of officials of the Office of Management and Budget, before the
Committees on Appropriations or their subcommittees: Provided further,
That the preceding shall not apply to printed hearings released by the
Committees on Appropriations.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.);
not to exceed $10,000 for official reception and representation
expenses; and for participation in joint projects or in the provision
of services on matters of mutual interest with nonprofit, research, or
public organizations or agencies, with or without reimbursement,
$26,908,000; of which $1,316,000 shall remain available until expended
for policy research and evaluation: Provided, That the Office is
authorized to accept, hold, administer, and utilize gifts, both real
and personal, public and private, without fiscal year limitation, for
the purpose of aiding or facilitating the work of the Office.
counterdrug technology assessment center
(including transfer of funds)
For necessary expenses for the Counterdrug Technology Assessment
Center for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
$30,000,000, which shall remain available until expended, consisting of
$18,000,000 for counternarcotics research and development projects, and
$12,000,000 for the continued operation of the technology transfer
program: Provided, That the $18,000,000 for counternarcotics research
and development projects shall be available for transfer to other
Federal departments or agencies.
Federal Drug Control Programs
high intensity drug trafficking areas program
(including transfer of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $227,000,000
(increased by $9,000,000), for drug control activities consistent with
the approved strategy for each of the designated High Intensity Drug
Trafficking Areas, of which no less than 51 percent shall be
transferred to State and local entities for drug control activities,
which shall be obligated within 120 days of the date of the enactment
of this Act: Provided, That up to 49 percent, to remain available until
September 30, 2007, may be transferred to Federal agencies and
departments at a rate to be determined by the Director, of which not
less than $2,000,000 shall be used for auditing services and associated
activities, and at least $500,000 of the $2,000,000 shall be used to
develop and implement a data collection system to measure the
performance of the High Intensity Drug Trafficking Areas Program:
Provided further, That High Intensity Drug Trafficking Areas Programs
designated as of September 30, 2005, shall be funded at no less than
the fiscal year 2005 initial allocation levels unless the Director
submits to the Committees on Appropriations, and the Committees
approve, justification for changes in those levels based on clearly
articulated priorities for the High Intensity Drug Trafficking Areas
Programs, as well as published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That a request
shall be submitted in compliance with the reprogramming guidelines to
the Committees on Appropriations for approval prior to the obligation
of funds of an amount in excess of the fiscal year 2005 budget request:
Provided further, That not to exceed $2,000,000 of the funds made
available under this heading in excess of the fiscal year 2005 budget
request shall be available for the Consolidated Priority Organization
Target program.
other federal drug control programs
(including transfer of funds)
For activities to support a national anti-drug campaign for youth,
and for other purposes, authorized by the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
$213,292,000 (increased by $25,000,000), to remain available until
expended, of which the following amounts are available as follows:
$120,000,000 (increased by $25,000,000) to support a national media
campaign, as authorized by the Drug-Free Media Campaign Act of 1998:
Provided, That ONDCP shall maintain funding for non-advertising
services for the Media Campaign at no less than the Fiscal Year 2003
ratio of service funding to total funds and shall continue the
corporate outreach program as it operated prior to its cancellation:
$80,000,000 to continue a program of matching grants to drug-free
communities, of which $750,000 shall be a directed grant to the
Community Anti-Drug Coalitions of America for the National Community
Anti-Drug Coalition Institute, as authorized in chapter 2 of the
National Narcotics Leadership Act of 1988, as amended; $1,000,000 for
the National Drug Court Institute; $992,000 for the National Alliance
for Model State Drug Laws; $7,400,000 for the United States Anti-Doping
Agency for anti-doping activities; $2,900,000 for the United States
membership dues to the World Anti-Doping Agency; and $1,000,000 for
evaluations and research related to National Drug Control Program
performance measures: Provided further, That such funds may be
transferred to other Federal departments and agencies to carry out such
activities: Provided further, That of the amounts appropriated for a
national media campaign, not to exceed 12 percent shall be for
administration, advertising production, research and testing, labor and
related costs of the national media campaign.
Unanticipated Needs
unanticipated needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year, as authorized by 3 U.S.C. 108, $1,000,000.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,455,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President, to
be accounted for solely on his certificate, $325,000: Provided, That
advances or repayments or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
TITLE VII--INDEPENDENT AGENCIES
Architectural and Transportation Barriers Compliance Board
salaries and expenses
For expenses necessary for the Architectural and Transportation
Barriers Compliance Board, as authorized by section 502 of the
Rehabilitation Act of 1973, as amended, $5,941,000: Provided, That,
notwithstanding any other provision of law, there may be credited to
this appropriation funds received for publications and training
expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $500 for
official reception and representation expenses, $62,449,000.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002, $15,877,000, of which $2,800,000 shall be transferred to the
National Institute of Standards and Technology for election reform
activities authorized under the Help America Vote Act of 2002.
Federal Deposit Insurance Corporation
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended $29,965,000, to be derived from the Bank Insurance Fund, the
Savings Association Insurance Fund, and the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as amended, $54,700,000, of which no
less than $4,700,000 shall be available for internal automated data
processing systems, and of which not to exceed $5,000 shall be
available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and rental of conference
rooms in the District of Columbia and elsewhere, $25,468,000: Provided,
That public members of the Federal Service Impasses Panel may be paid
travel expenses and per diem in lieu of subsistence as authorized by
law (5 U.S.C. 5703) for persons employed intermittently in the
Government service, and compensation as authorized by 5 U.S.C. 3109:
Provided further, That notwithstanding 31 U.S.C. 3302, funds received
from fees charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with this
account, to be available without further appropriation for the costs of
carrying out these conferences.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902, $20,499,000: Provided, That not to exceed $2,000
shall be available for official reception and representation expenses.
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfer of funds)
To carry out the purposes of the Fund established pursuant to
section 210(f) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 592), the revenues and collections
deposited into the Fund shall be available for necessary expenses of
real property management and related activities not otherwise provided
for, including operation, maintenance, and protection of federally
owned and leased buildings; rental of buildings in the District of
Columbia; restoration of leased premises; moving governmental agencies
(including space adjustments and telecommunications relocation
expenses) in connection with the assignment, allocation and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally owned
buildings including grounds, approaches and appurtenances; care and
safeguarding of sites; maintenance, preservation, demolition, and
equipment; acquisition of buildings and sites by purchase,
condemnation, or as otherwise authorized by law; acquisition of options
to purchase buildings and sites; conversion and extension of federally
owned buildings; preliminary planning and design of projects by
contract or otherwise; construction of new buildings (including
equipment for such buildings); and payment of principal, interest, and
any other obligations for public buildings acquired by installment
purchase and purchase contract; in the aggregate amount of
$7,768,795,000 (reduced by $88,789,000) (reduced by $727,909,000)
(reduced by $25,000,000), of which: (1) $708,106,000 (reduced by
$67,789,000) (reduced by $9,500,000) shall remain available until
expended for construction (including funds for sites and expenses and
associated design and construction services) of additional projects at
the following locations:
New Construction:
California:
San Diego, United States Courthouse, $230,803,000.
Colorado:
Lakewood, Denver Federal Center Infrastructure,
$4,658,000.
District of Columbia:
Coast Guard Consolidation, $24,900,000.
Saint Elizabeths West Campus Infrastructure,
$13,095,000.
Southeast Federal Center Site Remediation,
$15,000,000.
Maine:
Calais, Border Station, $50,146,000.
Jackman, Border Station, $12,788,000.
Maryland:
Montgomery County, Food and Drug Administration
Consolidation, $127,600,000.
New York:
Champlain, Border Station, $52,510,000.
Massena, Border Station, $49,783,000.
Texas:
Austin, United States Courthouse, $3,000,000.
Washington:
Blaine, Peace Arch Border Station, $46,534,000.
Material Price increases, various projects, $67,789,000
(reduced by $67,789,000).
Nonprospectus Construction, $9,500,000 (reduced by
$9,500,000):
Provided, That each of the foregoing limits of costs on new
construction projects may be exceeded to the extent that savings are
effected in other such projects, but not to exceed 10 percent of the
amounts included in an approved prospectus, if required, unless advance
approval is obtained from the Committees on Appropriations of a greater
amount: Provided further, That all funds for direct construction
projects shall expire on September 30, 2007, and remain in the Federal
Buildings Fund except for funds for projects as to which funds for
design or other funds have been obligated in whole or in part prior to
such date; (2) $961,376,000 (reduced by $568,409,000) shall remain
available until expended for repairs and alterations, which includes
associated design and construction services:
Repairs and Alterations:
Arizona:
Tucson, James A. Walsh Courthouse, $16,136,000.
District of Columbia:
Eisenhower Executive Office Building, $133,417,000
(reduced by $133,417,000).
Federal Office Building 8, $47,769,000.
Heating, Operation, and Transmission District
Repair, $18,783,000.
Herbert C. Hoover Building, $54,491,000.
Main Interior Building, $41,399,000.
Georgia:
Atlanta, Martin Luther King, Jr. Federal Building,
$30,129,000.
New York:
Brooklyn, Emanuel Celler Courthouse, $96,924,000.
New York City, James Watson Federal Building and
Courthouse, $9,721,000.
Special Emphasis Programs:
Chlorofluorocarbons Program, $10,000,000.
Energy Program, $30,000,000.
Glass Fragment Retention, $15,700,000.
Design Program, $21,915,000.
Basic Repairs and Alterations, $434,992,000 (reduced by
$434,992,000):
Provided further, That funds made available in this or any previous Act
in the Federal Buildings Fund for Repairs and Alterations shall, for
prospectus projects, be limited to the amount identified for each
project, except each project in this or any previous Act may be
increased by an amount not to exceed 10 percent unless advance approval
is obtained from the Committees on Appropriations of a greater amount:
Provided further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations: Provided
further, That the amounts provided in this or any prior Act for
``Repairs and Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to meet the
minimum standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That the
difference between the funds appropriated and expended on any projects
in this or any prior Act, under the heading ``Repairs and
Alterations'', may be transferred to Basic Repairs and Alterations or
used to fund authorized increases in prospectus projects: Provided
further, That all funds for repairs and alterations prospectus projects
shall expire on September 30, 2007, and remain in the Federal Buildings
Fund except funds for projects as to which funds for design or other
funds have been obligated in whole or in part prior to such date:
Provided further, That the amount provided in this or any prior Act for
Basic Repairs and Alterations may be used to pay claims against the
Government arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects; (3) $168,180,000 for installment acquisition payments
including payments on purchase contracts which shall remain available
until expended; (4) $4,046,031,000 (reduced by $12,500,000) for rental
of space which shall remain available until expended; and (5)
$1,885,102,000 (reduced by $21,000,000) (reduced by $150,000,000)
(reduced by $12,500,000) for building operations which shall remain
available until expended: Provided further, That funds available to the
General Services Administration shall not be available for expenses of
any construction, repair, alteration and acquisition project for which
a prospectus, if required by the Public Buildings Act of 1959, as
amended, has not been approved, except that necessary funds may be
expended for each project for required expenses for the development of
a proposed prospectus: Provided further, That funds available in the
Federal Buildings Fund may be expended for emergency repairs when
advance approval is obtained from the Committees on Appropriations:
Provided further, That amounts necessary to provide reimbursable
special services to other agencies under section 210(f)(6) of the
Federal Property and Administrative Services Act of 1949, as amended
(40 U.S.C. 592(b)(2)) and amounts to provide such reimbursable fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control as may be appropriate
to enable the United States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, shall be available from such
revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during fiscal year
2006, excluding reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2))
in excess of the aggregate new obligational authority authorized for
Real Property Activities of the Federal Buildings Fund in this Act
shall remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support
responsibilities relating to acquisition, telecommunications,
information technology management, and related technology activities;
and services as authorized by 5 U.S.C. 3109, $52,796,000.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; providing
Internet access to Federal information and services; agency-wide policy
direction and management, and Board of Contract Appeals; accounting,
records management, and other support services incident to adjudication
of Indian Tribal Claims by the United States Court of Federal Claims;
services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for
official reception and representation expenses, $99,890,000 (reduced by
$17,711,000).
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $43,410,000: Provided, That not to
exceed $15,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
electronic government fund
(including transfer of funds)
For necessary expenses in support of interagency projects that
enable the Federal Government to expand its ability to conduct
activities electronically, through the development and implementation
of innovative uses of the Internet and other electronic methods,
$3,000,000, to remain available until expended: Provided, That these
funds may be transferred to Federal agencies to carry out the purposes
of the Fund: Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act: Provided
further, That such transfers may not be made until 10 days after a
proposed spending plan and justification for each project to be
undertaken has been submitted to the Committees on Appropriations.
allowances and office staff for former presidents
(including transfer of funds)
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95-138, $2,952,000:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry
out the provisions of such Acts.
federal citizen information center fund
For necessary expenses of the Federal Citizen Information Center,
including services authorized by 5 U.S.C. 3109, $15,030,000, to be
deposited into the Federal Citizen Information Center Fund: Provided,
That the appropriations, revenues, and collections deposited into the
Fund shall be available for necessary expenses of Federal Citizen
Information Center activities in the aggregate amount not to exceed
$32,000,000. Appropriations, revenues, and collections accruing to this
Fund during fiscal year 2006 in excess of such amount shall remain in
the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
Administrative Provisions--General Services Administration
Sec. 701. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 702. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 703. Funds in the Federal Buildings Fund made available for
fiscal year 2006 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations.
Sec. 704. No funds made available by this Act shall be used to
transmit a fiscal year 2007 request for United States Courthouse
construction that: (1) does not meet the design guide standards for
construction as established and approved by the General Services
Administration, the Judicial Conference of the United States, and the
Office of Management and Budget; and (2) does not reflect the
priorities of the Judicial Conference of the United States as set out
in its approved 5-year construction plan: Provided, That the fiscal
year 2007 request must be accompanied by a standardized courtroom
utilization study of each facility to be constructed, replaced, or
expanded.
Sec. 705. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 706. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations.
Sec. 707. No funds in this Act shall be used to dispose of the GSA
property located at 522 North Central Avenue, on the southwest corner
of Central Avenue and Fillmore Street in Phoenix, Arizona.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
the Civil Service Reform Act of 1978, and the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note), as amended, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for official
reception and representation expenses, $35,600,000 together with not to
exceed $2,605,000 for administrative expenses to adjudicate retirement
appeals to be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Systems Protection
Board.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
morris k. udall scholarship and excellence in national environmental
policy trust fund
(including transfer of funds)
For payment to the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Trust Fund, pursuant to the Morris K.
Udall Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.),
$2,000,000, to remain available until expended, of which up to $50,000
shall be used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-289)
notwithstanding sections 8 and 9 of Public Law 102-259: Provided, That
up to 60 percent of such funds may be transferred by the Morris K.
Udall Scholarship and Excellence in National Environmental Policy
Foundation for the necessary expenses of the Native Nations Institute.
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $1,900,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration (including the Information
Security Oversight Office) and archived Federal records and related
activities, as provided by law, and for expenses necessary for the
review and declassification of documents, and for the hire of passenger
motor vehicles, $283,975,000: Provided, That the Archivist of the
United States is authorized to use any excess funds available from the
amount borrowed for construction of the National Archives facility, for
expenses necessary to provide adequate storage for holdings: Provided
further, That of the funds provided in this paragraph, $2,930,000 shall
be for initial move of records, staffing, and operations of the Nixon
Library.
electronic records archives
For necessary expenses in connection with the development of the
electronic records archives, to include all direct project costs
associated with research, analysis, design, development, and program
management, $35,914,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $6,182,000, to remain
available until expended.
national historical publications and records commission
grants program
(including transfer of funds)
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as amended,
$7,500,000, to remain available until expended: Provided, That of the
funds provided in this paragraph, $2,000,000 shall be transferred to
the operating expenses account for operating expenses of the National
Historical Publications and Records Administration.
National Credit Union Administration
central liquidity facility
(including transfer of funds)
During fiscal year 2006, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed
$1,500,000,000: Provided, That administrative expenses of the Central
Liquidity Facility in fiscal year 2006 shall not exceed $323,000.
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822, and 9910, $950,000 shall be
available until September 30, 2007, for technical assistance to low-
income designated credit unions, and amounts of principal and interest
on loans repaid shall be available until expended for low-income
designated credit unions.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
$76,700,000, of which not to exceed $2,000 may be used for official
reception and representation expenses.
(rescission)
Of the available unobligated balances made available under Public
Law 106-246, $1,000,000 are rescinded.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $118,000,000.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, as
amended and the Ethics Reform Act of 1989, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor vehicles, and not to
exceed $1,500 for official reception and representation expenses,
$11,148,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; advances for reimbursements to applicable
funds of the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order No. 10422 of
January 9, 1953, as amended; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty, $119,952,000,
of which $6,983,000 shall remain available until expended for the
Enterprise Human Resources Integration project; $1,450,000 shall remain
available until expended for the Human Resources Line of Business
project; $500,000 shall remain available until expended for the E-
Training project; and $1,412,000 shall remain available until expended
until September 30, 2007 for the E-Payroll project; and in addition
$102,679,000 for administrative expenses, to be transferred from the
appropriate trust funds of the Office of Personnel Management without
regard to other statutes, including direct procurement of printed
materials, for the retirement and insurance programs: Provided, That
the provisions of this appropriation shall not affect the authority to
use applicable trust funds as provided by sections 8348(a)(1)(B), and
9004(f)(2)(A) of title 5, United States Code: Provided further, That no
part of this appropriation shall be available for salaries and expenses
of the Legal Examining Unit of the Office of Personnel Management
established pursuant to Executive Order No. 9358 of July 1, 1943, or
any successor unit of like purpose: Provided further, That the
President's Commission on White House Fellows, established by Executive
Order No. 11183 of October 3, 1964, may, during fiscal year 2006,
accept donations of money, property, and personal services: Provided
further, That such donations, including those from prior years, may be
used for the development of publicity materials to provide information
about the White House Fellows, except that no such donations shall be
accepted for travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
Office of Inspector General
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act, as amended,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $1,614,000, and in addition, not to exceed $16,786,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849),
as amended, such sums as may be necessary.
government payment for annuitants, employee life insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
payment to civil service retirement and disability fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to
the Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, That annuities authorized by the Act of May 29,
1944, as amended, and the Act of August 19, 1950, as amended (33 U.S.C.
771-775), may hereafter be paid out of the Civil Service Retirement and
Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), as amended, the
Whistleblower Protection Act of 1989 (Public Law 101-12), as amended,
Public Law 107-304, and the Uniformed Services Employment and
Reemployment Act of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles; $15,325,000.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
not to exceed $750 for official reception and representation expenses;
$24,000,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be necessary
in the interest of national defense: Provided further, That none of the
funds appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the United
States.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$1,499,000.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $116,350,000, of which
$73,000,000 shall not be available for obligation until October 1,
2006: Provided, That mail for overseas voting and mail for the blind
shall continue to be free: Provided further, That 6-day delivery and
rural delivery of mail shall continue at not less than the 1983 level:
Provided further, That none of the funds made available to the Postal
Service by this Act shall be used to implement any rule, regulation, or
policy of charging any officer or employee of any State or local child
support enforcement agency, or any individual participating in a State
or local program of child support enforcement, a fee for information
requested or provided concerning an address of a postal customer:
Provided further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post offices
in fiscal year 2006.
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $48,998,000: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VIII--GENERAL PROVISIONS THIS ACT
(including transfers of funds)
Sec. 801. Such sums as may be necessary for fiscal year 2006 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 802. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 803. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 804. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to section
3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 805. 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. 806. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930.
Sec. 807. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service, and has
within 90 days after his release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his former position
and has been certified by the Office of Personnel Management as still
qualified to perform the duties of his former position and has not been
restored thereto.
Sec. 808. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
Sec. 809. None of the funds provided in this Act, provided by
previous appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in fiscal year
2005, or provided from any accounts in the Treasury derived by the
collection of fees and available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds that: (1) creates a new program; (2) eliminates
a program, project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been denied or
restricted by the Congress; (4) proposes to use funds directed for a
specific activity by either the House or Senate Committees on
Appropriations for a different purpose; (5) augments existing programs,
projects, or activities in excess of $2,000,000 or 10 percent,
whichever is greater; (6) reduces existing programs, projects, or
activities by $2,000,000 or 10 percent, whichever is greater; or (7)
creates, reorganizes, or restructures a branch, division, office,
bureau, board, commission, agency, administration, or department
different from the budget justifications submitted to the Committees on
Appropriations or the table accompanying the statement of the managers
accompanying this Act, whichever is more detailed, unless prior
approval is received from the House and Senate Committees on
Appropriations: Provided, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall submit a
report to the Committee on Appropriations of the Senate and of the
House of Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year:
Provided further, That the report shall include: (1) a table for each
appropriation with a separate column to display the President's budget
request, adjustments made by Congress, adjustments due to enacted
rescissions, if appropriate, and the fiscal year enacted level; (2) a
delineation in the table for each appropriation both by object class
and program, project, and activity as detailed in the budget appendix
for the respective appropriation; and (3) an identification of items of
special congressional interest: Provided further, That the amount
appropriated or limited for salaries and expenses for an agency shall
be reduced by $100,000 per day for each day after the required date
that the report has not been submitted to the Congress.
Sec. 810. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2006 from appropriations made available for salaries
and expenses for fiscal year 2006 in this Act, shall remain available
through September 30, 2007, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 811. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 812. The cost accounting standards promulgated under section
26 of the Office of Federal Procurement Policy Act (Public Law 93-400;
41 U.S.C. 422) shall not apply with respect to a contract under the
Federal Employees Health Benefits Program established under chapter 89
of title 5, United States Code.
Sec. 813. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office pursuant to court approval.
Sec. 814. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 815. The provision of section 815 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 816. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in the Buy American Act (41
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal
Government of information technology (as defined in section 11101 of
title 40, United States Code), that is a commercial item (as defined in
section 4(12) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(12)).
Sec. 817. None of the funds made available in the Act may be used
to finalize, implement, administer, or enforce--
(1) the proposed rule relating to the determination that
real estate brokerage is an activity that is financial in
nature or incidental to a financial activity published in the
Federal Register on January 3, 2001 (66 Fed. Reg. 307 et seq.);
or
(2) the revision proposed in such rule to section 1501.2 of
title 12 of the Code of Federal Regulations.
Sec. 818. Of the funds provided in title I of this Act under the
heading, ``Office of the Secretary, Transportation Planning, Research,
and Development'', $3,000,000 shall be available for necessary expenses
to reimburse fixed-based general aviation operators and the providers
of general aviation ground support services at Ronald Reagan Washington
National Airport, and airports within 15 miles of Ronald Reagan
Washington National Airport, for financial losses incurred by these
operators while such airports were closed due to the actions of the
Federal Government following the terrorist attacks on the United States
that occurred on September 11, 2001: Provided, That such funds shall
remain available until expended: Provided further, That obligation and
expenditure of these funds shall be made conditional upon full release
of the United States Government for all claims arising from the closing
of these general aviation facilities.
Sec. 819. Section 640(c) of the Treasury and General Government
Appropriations Act, 2000 (Public Law 106-58; 2 U.S.C. 437g note), as
amended by section 642 of the Treasury and General Government
Appropriations Act, 2002 (Public Law 107-67) and by section 639 of the
Transportation, Treasury, and Independent Agencies Appropriations Act,
2004 (Public Law 108-199), is amended by striking ``December 31, 2005''
and inserting ``December 31, 2008''.
TITLE IX--GENERAL PROVISIONS, GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 901. Funds appropriated in this or any other Act may be used
to pay travel to the United States for the immediate family of
employees serving abroad in cases of death or life threatening illness
of said employee.
Sec. 902. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2006 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act) by the officers and employees of such department,
agency, or instrumentality.
Sec. 903. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the maximum
shall be $9,100: Provided, That these limits may be exceeded by not to
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for
special heavy-duty vehicles: Provided further, That the limits set
forth in this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under the
provisions of the Electric and Hybrid Vehicle Research, Development,
and Demonstration Act of 1976: Provided further, That the limits set
forth in this section may be exceeded by the incremental cost of clean
alternative fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 904. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 905. Unless otherwise specified during the current fiscal
year, no part of any appropriation contained in this or any other Act
shall be used to pay the compensation of any officer or employee of the
Government of the United States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in the continental United States unless such
person: (1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of this Act
who, being eligible for citizenship, has filed a declaration of
intention to become a citizen of the United States prior to such date
and is actually residing in the United States; (3) is a person who owes
allegiance to the United States; (4) is an alien from Cuba, Poland,
South Vietnam, the countries of the former Soviet Union, or the Baltic
countries lawfully admitted to the United States for permanent
residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee
paroled in the United States after January 1, 1975; or (6) is a
national of the People's Republic of China who qualifies for adjustment
of status pursuant to the Chinese Student Protection Act of 1992:
Provided, That for the purpose of this section, an affidavit signed by
any such person shall be considered prima facie evidence that the
requirements of this section with respect to his or her status have
been complied with: Provided further, That any person making a false
affidavit shall be guilty of a felony, and, upon conviction, shall be
fined no more than $4,000 or imprisoned for not more than 1 year, or
both: Provided further, That the above penal clause shall be in
addition to, and not in substitution for, any other provisions of
existing law: Provided further, That any payment made to any officer or
employee contrary to the provisions of this section shall be
recoverable in action by the Federal Government. This section shall not
apply to citizens of Ireland, Israel, or the Republic of the
Philippines, or to nationals of those countries allied with the United
States in a current defense effort, or to international broadcasters
employed by the United States Information Agency, or to temporary
employment of translators, or to temporary employment in the field
service (not to exceed 60 days) as a result of emergencies.
Sec. 906. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
law.
Sec. 907. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 908. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 909. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after
the Senate has voted not to approve the nomination of said person.
Sec. 910. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 911. Funds made available by this or any other Act to the
Postal Service Fund (39 U.S.C. 2003) shall be available for employment
of guards for all buildings and areas owned or occupied by the Postal
Service or under the charge and control of the Postal Service. The
Postal Service may give such guards with respect to such property, any
of the powers of special policemen provided under 40 U.S.C. 1315. The
Postmaster General, or his designee, may take any action that the
Secretary of Homeland Security may take under such section with respect
to that property.
Sec. 912. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a joint
resolution duly adopted in accordance with the applicable law of the
United States.
Sec. 913. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2006, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2006, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(2) during the period consisting of the remainder of fiscal
year 2006, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by more
than the sum of--
(A) the percentage adjustment taking effect in
fiscal year 2006 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2006 under section 5304 of
such title (whether by adjustment or otherwise), and
the overall average percentage of such payments which
was effective in the previous fiscal year under such
section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from a schedule
not in existence on September 30, 2005, shall be determined under
regulations prescribed by the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this section may not be changed from the
rates in effect on September 30, 2005, except to the extent determined
by the Office of Personnel Management to be consistent with the purpose
of this section.
(e) This section shall apply with respect to pay for service
performed after September 30, 2005.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the rate
of salary or basic pay payable after the application of this section
shall be treated as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or
require the payment to any employee covered by this section at a rate
in excess of the rate that would be payable were this section not in
effect.
(h) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this section if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
Sec. 914. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Government
appointed by the President of the United States, holds office, no funds
may be obligated or expended in excess of $5,000 to furnish or
redecorate the office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for any such
office, unless advance notice of such furnishing or redecoration is
expressly approved by the Committees on Appropriations. For the
purposes of this section, the term ``office'' shall include the entire
suite of offices assigned to the individual, as well as any other space
used primarily by the individual or the use of which is directly
controlled by the individual.
Sec. 915. Notwithstanding section 1346 of title 31, United States
Code, or section 910 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. 916. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section
3302 of title 5, United States Code, without a certification to the
Office of Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C appointee
that the Schedule C position was not created solely or primarily in
order to detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department of
Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
(7) the Director of National Intelligence or the Office of
the Director of National Intelligence.
Sec. 917. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for the
current fiscal year shall obligate or expend any such funds, unless
such department, agency, or instrumentality has in place, and will
continue to administer in good faith, a written policy designed to
ensure that all of its workplaces are free from discrimination and
sexual harassment and that all of its workplaces are not in violation
of title VII of the Civil Rights Act of 1964, as amended, the Age
Discrimination in Employment Act of 1967, and the Rehabilitation Act of
1973.
Sec. 918. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit any
of the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 919. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 920. No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These restrictions are consistent with and do
not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order No.
12958; section 7211 of title 5, United States Code (governing
disclosures to Congress); section 1034 of title 10, United States Code,
as amended by the Military Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section 2302(b)(8)
of title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste, fraud,
abuse or public health or safety threats); the Intelligence Identities
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures
that could expose confidential Government agents); and the statutes
which protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of title 18,
United States Code, and section 4(b) of the Subversive Activities Act
of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations,
rights, sanctions, and liabilities created by said Executive order and
listed statutes are incorporated into this agreement and are
controlling.'': Provided, That notwithstanding the preceding paragraph,
a nondisclosure policy form or agreement that is to be executed by a
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United
States Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose any
classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress or to an authorized official of an executive
agency or the Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 921. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television or
film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 922. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 923. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing
or telephone lists to any person or any organization outside of the
Federal Government without the approval of the Committees on
Appropriations.
Sec. 924. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofor authorized by the Congress.
Sec. 925. (a) In this section the term ``agency''--
(1) means an Executive agency as defined under section 105
of title 5, United States Code;
(2) includes a military department as defined under section
102 of such title, the Postal Service, and the Postal Rate
Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under section 6301(2) of title 5, United States Code, has an
obligation to expend an honest effort and a reasonable proportion of
such employee's time in the performance of official duties.
Sec. 926. Notwithstanding 31 U.S.C. 1346 and section 910 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Joint
Financial Management Improvement Program (JFMIP), shall be available to
finance an appropriate share of JFMIP administrative costs, as
determined by the JFMIP, but not to exceed a total of $800,000
including the salary of the Executive Director and staff support.
Sec. 927. Notwithstanding 31 U.S.C. 1346 and section 910 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide financial, information technology, procurement, and
other management innovations, initiatives, and activities, as approved
by the Director of the Office of Management and Budget, in consultation
with the appropriate interagency groups designated by the Director
(including the Chief Financial Officers Council and the Joint Financial
Management Improvement Program for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, and the Federal Acquisition Council for procurement
initiatives). The total funds transferred or reimbursed shall not
exceed $10,000,000. Such transfers or reimbursements may only be made
15 days following notification of the Committees on Appropriations by
the Director of the Office of Management and Budget.
Sec. 928. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 929. Notwithstanding section 1346 of title 31, United States
Code, or section 910 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies, and
similar efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities: Provided,
That the Office of Management and Budget shall provide a report
describing the budget of and resources connected with the National
Science and Technology Council to the Committees on Appropriations, the
House Committee on Science; and the Senate Committee on Commerce,
Science, and Transportation 90 days after enactment of this Act.
Sec. 930. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: Provided, That this provision
shall apply to direct payments, formula funds, and grants received by a
State receiving Federal funds.
Sec. 931. Subsection (f) of section 403 of Public Law 103-356 (31
U.S.C. 501 note), as amended, is further amended by striking ``October
1, 2005'' and inserting ``October 1, 2006''.
Sec. 932. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency;
or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to the rendition of the
Internet site services or to the protection of the rights or
property of the provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable standards
as provided in law.
Sec. 933. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 934. The Congress of the United States recognizes the United
States Anti-Doping Agency (USADA) as the official anti-doping agency
for Olympic, Pan American, and Paralympic sport in the United States.
Sec. 935. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 936. None of the funds made available under this or any other
Act for fiscal year 2006 and each fiscal year thereafter shall be
expended for the purchase of a product or service offered by Federal
Prison Industries, Inc., unless the agency making such purchase
determines that such offered product or service provides the best value
to the buying agency pursuant to governmentwide procurement
regulations, issued pursuant to section 25(c)(1) of the Office of
Federal Procurement Act (41 U.S.C. 421(c)(1)) that impose procedures,
standards, and limitations of section 2410n of title 10, United States
Code.
Sec. 937. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part 300 of title
5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative branch).
Sec. 938. Each Executive department and agency shall evaluate the
creditworthiness of an individual before issuing the individual a
government travel charge card. The department or agency may not issue a
government travel charge card to an individual that either lacks a
credit history or is found to have an unsatisfactory credit history as
a result of this evaluation: Provided, That this restriction shall not
preclude issuance of a restricted-use charge, debit, or stored value
card made in accordance with agency procedures to: (1) an individual
with an unsatisfactory credit history where such card is used to pay
travel expenses and the agency determines there is no suitable
alternative payment mechanism available before issuing the card; or (2)
an individual who lacks a credit history. Each Executive department and
agency shall establish guidelines and procedures for disciplinary
actions to be taken against agency personnel for improper, fraudulent,
or abusive use of government charge cards, which shall include
appropriate disciplinary actions for use of charge cards for purposes,
and at establishments, that are inconsistent with the official business
of the Department or agency or with applicable standards of conduct.
Sec. 939. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is authorized to
obtain the temporary use of additional facilities by lease, contract,
or other agreement for training which cannot be accommodated in
existing Center facilities.
Sec. 940. From funds made available in this or any other Act under
the headings ``The White House'', ``Special Assistance to the President
and the Official Residence of Residence of the Vice President'',
``Council on Environmental Quality and Office of Environmental
Quality'', ``Office of Science and Technology Policy'', and ``Office of
the United States Trade Representative'', the Director of the Office of
Management and Budget (or such other officer as the President may
designate in writing) may, 15 days after giving notice to the
Committees on Appropriations of the Senate and the House of
Representatives, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged with and
available for the same time and for the same purposes as the
appropriation to which transferred: Provided, That the amount of an
appropriation shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be transferred from
the heading ``Special Assistance to the President and the Official
Residence of the Vice President'' without approval of the Vice
President.
Sec. 941. Section 4(b) of the Federal Activities Inventory Reform
Act of 1998 (Public Law 105-270) is amended by adding at the end the
following new paragraph:
``(5) Executive agencies with fewer than 100 full-time
employees as of the first day of the fiscal year. However, such
an agency shall be subject to section 2 to the extent it plans
to conduct a public-private competition for the performance of
an activity that is not inherently governmental.''.
Sec. 942. (a) No funds shall be available for transfers or
reimbursements to the E-Government Initiatives sponsored by the Office
of Management and Budget (OMB) prior to 15 days following submission of
a report to the Committees on Appropriations by the Director of the
Office of Management and Budget or receipt of approval to transfer
funds by the House and Senate Committees on Appropriations.
(b) The report in (a) shall detail--
(1) the amount proposed for transfer for any department and
agency by program office, bureau, or activity, as appropriate;
(2) the specific use of funds;
(3) the relevance of that use to that department or agency
and each bureau or office within, which is contributing funds;
and
(4) a description on any such activities for which funds
were appropriated that will not be implemented or partially
implemented by the department or agency as a result of the
transfer.
Sec. 943. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year 2006
under sections 5303 and 5304 of title 5, United States Code, shall be
an increase of 3.1 percent, and this adjustment shall apply to civilian
employees in the Department of Defense and the Department of Homeland
Security and such adjustments shall be effective as of the first day of
the first applicable pay period beginning on or after January 1, 2006.
(b) Notwithstanding section 913 of this Act, the adjustment in
rates of basic pay for the statutory pay systems that take place in
fiscal year 2006 under sections 5344 and 5348 of title 5, United States
Code, shall be no less than the percentage in paragraph (a) as
employees in the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under section 5303 and 5304 of
title 5, United States Code. Prevailing rate employees at locations
where there are no employees whose pay is increased pursuant to
sections 5303 and 5304 of title 5 and prevailing rate employees
described in section 5343(a)(5) of title 5 shall be considered to be
located in the pay locality designated as ``Rest of US'' pursuant to
section 5304 of title 5 for purposes of this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or agency
for salaries and expenses for fiscal year 2006.
Sec. 944. Unless otherwise authorized by existing law, none of the
funds provided in this Act or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 945. None of the funds made available in this Act may be used
to administer, implement, or enforce the amendment made to section
515.533 of title 31, Code of Federal Regulations, that was published in
the Federal Register on February 25, 2005.
Sec. 946. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act) or of section 552.224 of title 48
of the Code of Federal Regulations.
Sec. 947. None of the funds made available in this Act may be used
to provide for the competitive sourcing of flight service stations.
Sec. 948. None of the funds contained in this Act may be used to
enforce section 702 of the Firearms Control Regulations Act of 1975
(sec. 7--2507.02, D.C. Official Code).
Sec. 949. None of the funds made available in this Act may be used
to enforce the judgment of the United States Supreme Court in the case
of Kelo v. New London, decided June 23, 2005.
Sec. 950. The amount otherwise provided under the heading
``Management and Administration--Working Capital Fund'', in title III
is hereby increased by $22,000,000.
Sec. 951. None of the funds made available in this Act to the
Department of the Treasury may be used to recommended approval of the
sale of Unocal Corporation to CNOOC Ltd. of China.
Sec. 952. None of the funds made available in this Act may be used
by the General Services Administration to carry out the eTravel Service
program.
Sec. 953. None of the funds made available by this Act may be used
to implement the revision to Office of Management and Budget Circular
A-76 made on May 29, 2003.
This Act may be cited as the ``Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriations Act, 2006''.
Passed the House of Representatives June 30, 2005.
Attest:
Clerk.
109th CONGRESS
1st Session
H. R. 3058
_______________________________________________________________________
AN ACT
Making appropriations for the Departments of Transportation, Treasury,
and Housing and Urban Development, the Judiciary, District of Columbia,
and independent agencies for the fiscal year ending September 30, 2006,
and for other purposes.