[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3058 Enrolled Bill (ENR)]
H.R.3058
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
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,
DIVISION A--TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT,
THE JUDICIARY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2006
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of
Transportation, Treasury, Housing and Urban Development, the Judiciary,
and independent agencies for the fiscal year ending 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, $84,900,000,
of which not to exceed $2,198,000 shall be available for the immediate
Office of the Secretary; not to exceed $698,000 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $15,183,000
shall be available for the Office of the General Counsel; not to exceed
$11,650,000 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $8,485,000 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $2,293,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $22,031,000 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $1,910,000 shall be available for the Office of Public
Affairs; not to exceed $1,442,000 shall be available for the Office of
the Executive Secretariat; not to exceed $697,000 shall be available
for the Board of Contract Appeals; not to exceed $1,265,000 shall be
available for the Office of Small and Disadvantaged Business
Utilization; not to exceed $2,033,000 for the Office of Intelligence
and Security; not to exceed $11,895,000 shall be available for the
Office of the Chief Information Officer; and not to exceed $3,120,000
shall be available for the Office of Emergency Transportation:
Provided, That the Secretary of Transportation is authorized to
transfer funds appropriated for any office of the Office of the
Secretary to any other office of the Office of the Secretary: Provided
further, That no appropriation for any office shall be increased or
decreased by more than 5 percent by all such transfers: Provided
further, That notice of any change in funding greater than 5 percent
shall be submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $60,000 shall be
for allocation within the Department for official reception and
representation expenses as the Secretary may determine: Provided
further, That 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, $15,000,000.
Working Capital Fund
Necessary expenses for operating costs and capital outlays of the
Working Capital Fund, not to exceed $118,014,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of 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)
(including transfer of funds)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $60,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That, in
determining between or among carriers competing to provide service to a
community, the Secretary may consider the relative subsidy requirements
of the carriers: Provided further, That, if the funds under this
heading are insufficient to meet the costs of the essential air service
program in the current fiscal year, the Secretary shall transfer such
sums as may be necessary to carry out the essential air service program
from any available amounts appropriated to or directly administered by
the Office of the Secretary for such fiscal year.
New Headquarters Building
For necessary expenses of the Department of Transportation's new
headquarters building and related services, $50,000,000, to remain
available until expended.
Federal Aviation Administration
Operations
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research 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,
$8,036,000,000, of which $5,541,000,000 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $6,629,000,000
shall be available for air traffic organization activities; not to
exceed $958,542,000 shall be available for aviation regulation and
certification activities; not to exceed $11,759,000 shall be available
for commercial space transportation activities; not to exceed
$50,983,000 shall be available for financial services activities; not
to exceed $69,943,000 shall be available for human resources program
activities; not to exceed $150,744,000 shall be available for region
and center operations and regional coordination activities; not to
exceed $142,000,000 shall be available for staff offices; and not to
exceed $36,112,000 shall be available for information services:
Provided, That not to exceed 2 percent of any budget activity, except
for aviation regulation and certification budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation by
more than 2 percent: Provided further, That any transfer in excess of 2
percent shall be treated as a reprogramming of funds under section 710
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That none of the funds in this Act shall be available
for the Federal Aviation Administration to finalize or implement any
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 is for costs
associated with the flight service station transition.
Facilities and Equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
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, $2,540,000,000, of which
$2,110,789,500 shall remain available until September 30, 2008, and of
which $429,210,500 shall remain 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, $138,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2008: Provided, That
there may be credited to this appropriation funds received from States,
counties, municipalities, other public authorities, and private
sources, for expenses incurred for research, engineering, and
development.
Grants-in-Aid for Airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid for
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; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,399,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,550,000,000 in fiscal year 2006, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not more than
$71,096,000 shall be obligated for administration, not less than
$10,000,000 shall be available for the airport cooperative research
program, and not less than $10,000,000 shall be available to carry out
the Small Community Air Service Development Program, to remain
available until expended: Provided further, That not later than
December 31, 2015, the owner or operator of an airport certificated
under 49 U.S.C. 44706 shall improve the airport's runway safety areas
to comply with the Federal Aviation Administration design standards
required by 14 CFR part 139: Provided further, That the Federal
Aviation Administration shall report annually to the Congress on the
agency's progress toward improving the runway safety areas at 49 U.S.C.
44706 airports.
Grants-in-Aid for Airports
(airport and airway trust fund)
(rescission of contract authorization)
Of the amounts authorized for the fiscal year ending September 30,
2006 and prior years under sections 48103 and 48112 of title 49, United
States Code, $1,032,000,000 are rescinded.
Administrative Provisions--Federal Aviation Administration
Sec. 101. Notwithstanding any other provision of law, airports may
transfer without consideration to the Federal Aviation Administration
(FAA) instrument landing systems (along with 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 2006.
Sec. 103. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide
to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control,
air navigation, or weather reporting: Provided, That the prohibition of
funds in this section does not apply to negotiations between the agency
and airport sponsors to achieve agreement on ``below-market'' rates for
these items or to grant assurances that require airport sponsors to
provide land without cost to the FAA for air traffic control
facilities.
Sec. 104. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal
year 2006, 49 U.S.C. 41742(b) shall not apply, and any amount remaining
in such account at the close of that fiscal year may be made available
to satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 105. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 106. None of the funds appropriated or limited by this Act may
be used to change weight restrictions or prior permission rules at
Teterboro Airport in Teterboro, New Jersey.
Sec. 107. None of the funds made available in this Act shall be
used for engineering work related to an additional runway at Louis
Armstrong New Orleans International Airport.
Sec. 108. (a) Section 44302(f)(1) of title 49, United States Code,
is amended by striking ``2005,'' each place it appears and inserting
``2006,''.
(b) Section 44303(b) of such title is amended by striking ``2005,''
and inserting ``2006,''.
Sec. 109. Section 47114(c)(1) of title 49, United States Code, is
amended by adding the following new paragraph at the end:
``(G) Special rule for fiscal year 2006.--Notwithstanding
subparagraph (A) and the absence of scheduled passenger
aircraft service at an airport, the Secretary may apportion in
fiscal year 2006 to the sponsor of the airport an amount equal
to $500,000, if the Secretary finds that--
``(i) the passenger boardings at the airport were below
10,000 in calendar year 2004;
``(ii) the airport had at least 10,000 passenger
boardings and scheduled passenger aircraft service in
either calendar year 2000 or 2001; and
``(iii) the reason that passenger boardings described
in clause (i) were below 10,000 was the decrease in
passengers following the terrorist attacks of September 11,
2001.''.
Federal Highway Administration
limitation on administrative expenses
Necessary expenses for administration and operation of the Federal
Highway Administration, not to exceed $364,638,000, shall be paid in
accordance with law from appropriations made available by this Act to
the Federal Highway Administration together with advances and
reimbursements received by the Federal Highway Administration.
Federal-Aid Highways
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for which are
in excess of $36,032,343,903 for Federal-aid highways and highway
safety construction programs for fiscal year 2006: Provided, That
within the $36,032,343,903 obligation limitation on Federal-aid
highways and highway safety construction programs, not more than
$429,800,000 shall be available for the implementation or execution of
programs for transportation research (chapter 5 of title 23, United
States Code; sections 111, 5505, and 5506 of title 49, United States
Code; and title 5 of Public Law 109-59) for fiscal year 2006: Provided
further, That this limitation on transportation research programs shall
not apply to any authority previously made available for obligation:
Provided further, That the Secretary may, as authorized by section
605(b) of title 23, United States Code, collect and spend fees to cover
the costs of services of expert firms, including counsel, in the field
of municipal and project finance to assist in the underwriting and
servicing of Federal credit instruments and all or a portion of the
costs to the Federal government of servicing such credit instruments:
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 section 608 of title 23, United States
Code.
(liquidation of contract authorization)
(highway trust fund)
Notwithstanding any other provision of law, for carrying out the
provisions of title 23, United States Code, that are attributable to
Federal-aid highways, not otherwise provided, including reimbursement
for sums expended pursuant to the provisions of 23 U.S.C. 308,
$36,032,343,903 or so much thereof as may be available in and derived
from the Highway Trust Fund (other than the Mass Transit Account), to
remain available until expended.
(rescission)
(Highway Trust Fund)
Of the unobligated balances of funds apportioned to each State
under chapter 1 of title 23, United States Code, $1,999,999,000 are
rescinded: Provided, That such rescission shall not apply to the funds
distributed in accordance with 23 U.S.C. 130(f), 23 U.S.C. 133(d)(1) as
in effect prior to the date of enactment of Public Law 109-59, the
first sentence of 23 U.S.C. 133(d)(3)(A), 23 U.S.C. 104(b)(5), or 23
U.S.C. 163 as in effect prior to the enactment of Public Law 109-59.
Appalachian Development Highway System
For necessary expenses for the Appalachian Development Highway
System as authorized under section 1069(y) of Public Law 102-240, as
amended, $20,000,000, to remain available until expended.
Administrative Provisions--Federal Highway Administration
Sec. 110. (a) For fiscal year 2006, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for Federal-
aid highways amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
programs funded from the administrative takedown authorized by
section 104(a)(1) of title 23, United States Code (as in effect on
the date before the date of enactment of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users);
the highway use tax evasion program; the Bureau of Transportation
Statistics; the programs, projects, and activities funded from the
takedown authorized by section 112 of this Act; and the unobligated
balances of funds made available for programs, projects, and
activities funded from the takedown authorized by section 117 of
title I of division H of the Consolidated Appropriations Act, 2005
(Public Law 108-447) for which no obligation limitation has
previously been made available;
(2) not distribute an amount from the obligation limitation for
Federal-aid highways that is equal to the unobligated balance of
amounts made available from the Highway Trust Fund (other than the
Mass Transit Account) for Federal-aid highways and highway safety
programs for previous fiscal years the funds for which are
allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under paragraphs
(1) and (2), bears to
(B) the total of the sums authorized to be appropriated for
Federal-aid highways and highway safety construction programs
(other than sums authorized to be appropriated for provisions
of law described in paragraphs (1) through (9) of subsection
(b) and sums authorized to be appropriated for section 105 of
title 23, United States Code, equal to the amount referred to
in subsection (b)(10) for such fiscal year), less the aggregate
of the amounts not distributed under paragraphs (1) and (2) of
this subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users; sections 117 (but individually for each project
numbered 1 through 3676 listed in the table contained in section
1702 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users) and 144(g) of title 23, United
States Code; and section 14501 of title 40, United States Code, so
that the amount of obligation authority available for each of such
sections is equal to the amount determined by multiplying the ratio
determined under paragraph (3) by the sums authorized to be
appropriated for that section for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for Federal-
aid highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraph (4),
for each of the programs that are allocated by the Secretary under
the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users and title 23, United States Code (other
than to programs to which paragraphs (1) and (4) apply), by
multiplying the ratio determined under paragraph (3) by the amounts
authorized to be appropriated for each such program for such fiscal
year; and
(6) distribute the obligation limitation provided for Federal-
aid highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraphs (4)
and (5), for Federal-aid highways and highway safety construction
programs (other than the amounts apportioned for the equity bonus
program, but only to the extent that the amounts apportioned for
the equity bonus program for the fiscal year are greater than
$2,639,000,000, and the Appalachian development highway system
program) that are apportioned by the Secretary under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users and title 23, United States Code, in the ratio
that--
(A) amounts authorized to be appropriated for such programs
that are apportioned to each State for such fiscal year, bear
to
(B) the total of the amounts authorized to be appropriated
for such programs that are apportioned to all States for such
fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations: (1)
under section 125 of title 23, United States Code; (2) under section
147 of the Surface Transportation Assistance Act of 1978; (3) under
section 9 of the Federal-Aid Highway Act of 1981; (4) under subsections
(b) and (j) of section 131 of the Surface Transportation Assistance Act
of 1982; (5) under subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991; (7) under section 157 of title
23, United States Code, as in effect on the day before the date of the
enactment of the Transportation Equity Act for the 21st Century; (8)
under section 105 of title 23, United States Code, as in effect for
fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years; (9) for Federal-aid
highway programs for which obligation authority was made available
under the Transportation Equity Act for the 21st Century or subsequent
public laws for multiple years or to remain available until used, but
only to the extent that the obligation authority has not lapsed or been
used; (10) under section 105 of title 23, United States Code, but only
in an amount equal to $639,000,000 for each of fiscal years 2005 and
2006; and (11) under section 1603 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users, to the extent
that funds obligated in accordance with that section were not subject
to a limitation on obligations at the time at which the funds were
initially made available for obligation.
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year, revise a distribution of the obligation limitation made available
under subsection (a) if the amount distributed cannot be obligated
during that fiscal year and redistribute sufficient amounts to those
States able to obligate amounts in addition to those previously
distributed during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under sections
104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapter 5 of title
23, United States Code, and title V (research title) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users, except that obligation authority made available for such
programs under such limitation shall remain available for a period of 3
fiscal years and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of the
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated to the
States, and will not be available for obligation, in such
fiscal year due to the imposition of any obligation limitation
for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1) in
the same ratio as the distribution of obligation authority under
subsection (a)(6).
(3) Availability.--Funds distributed under paragraph (1) shall
be available for any purposes described in section 133(b) of title
23, United States Code.
(f) Special Limitation Characteristics.--Obligation limitation
distributed for a fiscal year under subsection (a)(1) for programs,
projects, and activities funded from the takedown authorized by section
117 of title I of division H of Public Law 108-447 and under subsection
(a)(4) for the provision specified in subsection (a)(4) shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed on
obligations for Federal-aid highway and highway safety construction
programs for future fiscal years.
(g) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation authority
distributed for such fiscal year under subsection (a)(4) for each
project numbered 1 through 3676 listed in the table contained in
section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users may be obligated for
any other project in such section in the same State.
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on the date
on which obligation authority is distributed under this section for
the next fiscal year following obligation under paragraph (1).
(h) Limitation on Statutory Construction.--Nothing in this section
shall be construed to limit the distribution of obligation authority
under subsection (a)(4)(A) for each of the individual projects numbered
greater than 3676 listed in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users.
Sec. 111. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data 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.
Sec. 112. Notwithstanding any other provision of law, whenever an
allocation is made of the sums authorized to be appropriated for
expenditure on the Federal lands highway program, and whenever an
apportionment is made of the sums authorized to be appropriated for the
surface transportation program, the congestion mitigation and air
quality improvement program, the National Highway System, the
Interstate maintenance program, the bridge program, the Appalachian
development highway system, and the equity bonus program, the Secretary
of Transportation shall deduct a sum in such amount not to exceed 2.75
percent of all sums so authorized: Provided, That of the amount so
deducted in accordance with this section, $600,000,000 shall be made
available for surface transportation projects and $25,000,000 shall be
made available for highway priority projects as identified under this
section in the statement of the managers accompanying this Act:
Provided further, That notwithstanding any other provision of law and
the preceding clauses of this provision, the Secretary of
Transportation may use amounts made available by this section to make
grants for any surface transportation project otherwise eligible for
funding under title 23 or title 49, United States Code: Provided
further, That funds made available under this section, at the request
of a State, shall be transferred by the Secretary to another Federal
agency: Provided further, That the Federal share payable on account of
any program, project, or activity carried out with funds made available
under this section shall be 100 percent: Provided further, That the sum
deducted in accordance with this section shall remain available until
expended: Provided further, That all funds made available under this
section shall be subject to any limitation on obligations for Federal-
aid highways and highway safety construction programs set forth in this
Act or any other Act: Provided further, That the obligation limitation
made available for the programs, projects, and activities for which
funds are made available under this section shall remain available
until used and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
Sec. 113. Notwithstanding any other provision of law, projects and
activities described in the statement of managers accompanying this Act
under the headings ``Federal-Aid Highways'' and ``Federal Transit
Administration'' shall be eligible for fiscal year 2006 funds made
available for the project for which each project or activity is so
designated: Provided, That the Federal share payable on account of any
such projects and activities subject to this section shall be the same
as the share required by the Federal program under which each project
or activity is designated unless otherwise provided in this Act.
Sec. 114. Bypass Bridge at Hoover Dam. (a) In General.--Subject to
subsection (b), the Secretary of Transportation may expend from any
funds appropriated for expenditure in accordance with title 23, United
States Code, for payment of debt service by the States of Arizona and
Nevada on notes issued for the bypass bridge project at Hoover Dam,
pending appropriation or replenishment for that project.
(b) Reimbursement.--Funds expended under subsection (a) shall be
reimbursed from the funds made available to the States of Arizona and
Nevada for payment of debt service on notes issued for the bypass
bridge project at Hoover Dam.
Sec. 115. Section 1023(h) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 127 note; 105 Stat. 1951) is amended
by striking paragraphs (2) and (3) and inserting the following:
``(2) State action.--
``(A) Weight limitations.--For the period beginning on the
date of enactment of this subparagraph and ending on September
30, 2009, a covered State, including any political subdivision
of such State, may not enforce a single axle weight limitation
of less than 24,000 pounds, including enforcement tolerances,
on any vehicle referred to in paragraph (1) in any case in
which the vehicle is using the Interstate System.
``(B) Covered state defined.--In this paragraph, the term
`covered State' means a State that has enforced, in the period
beginning on October 6, 1992, and ending on the date of
enactment of this subparagraph, a single axle weight limitation
of 20,000 pounds or greater but less than 24,000 pounds,
including enforcement tolerances, on any vehicle referred to in
paragraph (1) in any case in which the vehicle is using the
Interstate System.''.
Sec. 116. Notwithstanding any other provision of law, access to the
I-5 ``Transit Only'' ramps at NE 163rd in Shoreline, Washington, shall
be expanded to include King County Solid Waste Division transfer
vehicles upon the determination of the Federal Highway Administrator
that necessary safety improvements have been completed.
Sec. 117. Designation of Max M. Fisher Memorial Highway. (a)
Designation.--The portion of highway US-24 in the State of Michigan,
beginning at Interstate 96 and extending north to Interstate 75 at exit
93 west of Clarkston, shall be known and designated as the ``Max M.
Fisher Memorial Highway''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the highway portion
referred to in subsection (a) shall be deemed to be a reference to the
``Max M. Fisher Memorial Highway''.
Sec. 118. Notwithstanding any other provision of law, funds
provided in Public Law 108-7 under the heading ``Federal-aid Highways''
for intelligent transportation system projects and designated for
Gettysburg Borough Signal Coordination and Upgrade-Signalization; Adams
County, Pennsylvania shall be available for Gettysburg Borough and
Surrounding Municipalities Signal Coordination and Upgrade-
Signalization; Adams County, Pennsylvania.
Federal Motor Carrier Safety Administration
Motor Carrier Safety Operations and Programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred for administration of motor
carrier safety operations and programs pursuant to section 31104(i) of
title 49, United States Code, and sections 4127 and 4134 of Public Law
109-59, $213,000,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That none of the funds derived from the Highway Trust Fund in
this Act shall be available for the implementation, execution or
administration of programs, the obligations for which are in excess of
$213,000,000, for ``Motor Carrier Safety Operations and Programs'', of
which $10,084,000, to remain available for obligation until September
30, 2008, is for the research and technology program and $1,000,000
shall be available for commercial motor vehicle operator's grants to
carry out section 4134 of Public Law 109-59: Provided further, That
notwithstanding any other provision of law, none of the funds under
this heading for outreach and education shall be available for
transfer.
Motor Carrier Safety Grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31104, 31106, 31107, 31109, 31309, 31313 of title 49, United States
Code, and sections 4126 and 4128 of Public Law 109-59, $282,000,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none of
the funds in this Act shall be available for the implementation or
execution of programs, the obligations for which are in excess of
$282,000,000, for ``Motor Carrier Safety Grants''; of which
$188,000,000 shall be available for the motor carrier safety assistance
program to carry out sections 31102 and 31104 of title 49, United
States Code; $25,000,000 shall be available for the commercial driver's
license improvements program to carry out section 31313 of title 49,
United States Code; $32,000,000 shall be available for the border
enforcement grants program to carry out section 31107 of title 49,
United States Code; $5,000,000 shall be available for the performance
and registration information system management program to carry out
sections 31106 and 31109 of title 49, United States Code; $25,000,000
shall be available for the commercial vehicle information systems and
networks deployment program to carry out section 4126 of Public Law
109-59; $2,000,000 shall be available for the safety data improvement
program to carry out section 4128 of Public Law 109-59; and $5,000,000
shall be available for the commercial driver's license information
system modernization program to carry out section 31309 of title 49,
United States Code: Provided further, That of the funds made available
for the motor carrier safety assistance program, $29,000,000 shall be
available for audits of new entrant motor carriers.
Administrative Provision--Federal Motor Carrier Safety Administration
Sec. 120. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of Public
Law 107-87, including that the Secretary submit a report to the House
and Senate Appropriations Committees annually on the safety and
security of transportation into the United States by Mexico-domiciled
motor carriers.
National Highway Traffic Safety Administration
Operations and Research
(highway trust fund)
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to discharge the functions of the 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, $122,457,000, to be derived from the sum authorized to be
deducted under section 112 of this Act and transferred to the National
Highway Traffic Safety Administration upon enactment of this Act, of
which $96,301,000 shall remain available until September 30, 2006 and
$26,156,000 shall remain available until September 30, 2008: Provided,
That such funds shall be transferred to and administered by the
National Highway Traffic Safety Administration: Provided further, That
none of the funds appropriated by this Act may be obligated or expended
to plan, finalize, or implement any rulemaking to add to section
575.104 of title 49 of the Code of Federal Regulations any requirement
pertaining to a grading standard that is different from the three
grading standards (treadwear, traction, and temperature resistance)
already in effect: Provided further, That all funds made available
under this heading shall be subject to any limitation on obligations
for Federal-aid highways and highway safety construction programs set
forth in this Act or any other Act: Provided further, That the
obligation limitation made available for the programs, projects, and
activities for which funds are made available under this heading shall
remain available as specified and shall be in addition to the amount of
any limitation imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal years.
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, $110,000,000, to
be derived from the Highway Trust Fund: Provided, That none of the
funds in this Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year 2006, are in
excess of $110,000,000 for programs authorized under 23 U.S.C. 403.
National Driver Register
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out chapter 303 of
title 49, United States Code, $4,000,000, to be derived from the
Highway Trust Fund and remain available until September 30, 2007:
Provided, That none of the funds in this Act shall be available for the
implementation or execution of programs the obligations for which are
in excess of $4,000,000 for the National Driver Register authorized
under chapter 303 of title 49, United States Code.
Highway Traffic Safety Grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11),
2009, 2010, and 2011 of Public Law 109-59, to remain available until
expended, $578,176,000 to be derived from the Highway Trust Fund (other
than the Mass Transit Account): Provided, That none of the funds in
this Act shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2006, are in excess of
$578,176,000 for programs authorized under 23 U.S.C. 402, 405, 406,
408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public
Law 109-59, of which $217,000,000 shall be for ``Highway Safety
Programs'' under 23 U.S.C. 402, $25,000,000 shall be for ``Occupant
Protection Incentive Grants'' under 23 U.S.C. 405, $124,500,000 shall
be for ``Safety Belt Performance Grants'' under 23 U.S.C. 406,
$34,500,000 shall be for ``State Traffic Safety Information System
Improvements'' under 23 U.S.C. 408, $120,000,000 shall be for
``Alcohol-Impaired Driving Countermeasures Incentive Grant Program''
under 23 U.S.C. 410, $16,176,000 shall be for ``Administrative
Expenses'' under section 2001(a)(11) of Public Law 109-59, $29,000,000
shall be for ``High Visibility Enforcement Program'' under section 2009
of Public Law 109-59, $6,000,000 shall be for ``Motorcyclist Safety''
under section 2010 of Public Law 109-59, and $6,000,000 shall be for
``Child Safety and Child Booster Seat Safety Incentive Grants'' under
section 2011 of Public Law 109-59: Provided further, That none of these
funds shall be used for construction, rehabilitation, or remodeling
costs, or for office furnishings and fixtures for State, local or
private buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for section 410 ``Alcohol-Impaired
Driving Countermeasures Grants'' shall be available for technical
assistance to the States: Provided further, That not to exceed $750,000
of the funds made available for the ``High Visibility Enforcement
Program'' shall be available for the evaluation required under section
2009(f) of Public Law 109-59.
Administrative Provision--National Highway Traffic Safety
Administration
Sec. 125. Notwithstanding any other provision of law or limitation
on the use of funds made available under section 403 of title 23,
United States Code, an additional $130,000 shall be made available to
the National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Federal Railroad Administration
Safety and Operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $145,949,000, of which $13,856,000 shall remain
available until expended.
Railroad Research and Development
For necessary expenses for railroad research and development,
$55,075,000, to remain available until expended, of which $6,500,000
shall be available for positive train control projects and $7,190,000
shall be available for grants for rail corridor planning, development
and improvement and Federal share payable under such grants shall be 50
percent.
Railroad Rehabilitation and Improvement Program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94-210), as amended, in such amounts and at such times
as may be necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under sections 511
through 513 of such Act, such authority to exist as long as any such
guaranteed obligation is outstanding: Provided, That pursuant to
section 502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for the credit
risk premium during fiscal year 2006.
Alaska Railroad Rehabilitation
To enable the Secretary of Transportation to make grants to the
Alaska Railroad, $10,000,000, for capital rehabilitation and
improvements benefiting its passenger operations, to remain available
until expended.
OPERATING SUBSIDY GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation for operation of
intercity passenger rail, $495,000,000, to remain available until
expended: Provided, That the Secretary of Transportation shall approve
funding to cover operating losses for the National Railroad Passenger
Corporation only after receiving and reviewing a grant request for each
specific train route: Provided further, That each such grant request
shall be accompanied by a detailed financial analysis, revenue
projection, and capital expenditure projection justifying the Federal
support to the Secretary's satisfaction: Provided further, That the
Secretary of Transportation shall reserve $60,000,000 of the funds
provided under this heading and is authorized to transfer such sums to
the Surface Transportation Board, upon request from said Board, to
carry out directed service orders issued pursuant to section 11123 of
title 49, United States Code, to respond to the cessation of commuter
rail operations by the National Railroad Passenger Corporation:
Provided further, That the Secretary of Transportation shall make the
reserved funds available to the National Railroad Passenger Corporation
through an appropriate grant instrument not earlier than September 1,
2006 to the extent that no directed service orders have been issued by
the Surface Transportation Board as of the date of transfer or there is
a balance of reserved funds not needed by the Board to pay for any
directed service order issued through September 30, 2006: Provided
further, That the Corporation is directed to achieve savings through
operating efficiencies including, but not limited to, modifications to
food and beverage service and first class service: Provided further,
That the Inspector General of the Department of Transportation shall
report to the House and Senate Committees on Appropriations beginning
on January 3, 2006 and quarterly thereafter with estimates of the
savings accrued as a result of all operational reforms instituted by
the National Railroad Passenger Corporation: Provided further, That if
the Inspector General cannot certify that the Corporation has achieved
operational savings by July 1, 2006, none of the funds in this Act may
be used after July 1, 2006, to subsidize the net losses of food and
beverage service and sleeper car service on any Amtrak route: Provided
further, That of the funds provided under this section, not less than
$5,000,000 shall be expended for the development and implementation of
a managerial cost accounting system, which includes average and
marginal unit cost capability: Provided further, That within 30 days of
development of the managerial cost accounting system, the Department of
Transportation Inspector General shall review and comment to the
Secretary of Transportation and the House and Senate Committees on
Appropriations upon the strengths and weaknesses of the system and how
it best can be implemented to improve decision making by the Board of
Directors and management of the Corporation: Provided further, That not
later than 60 days after enactment of this Act, Amtrak shall transmit,
in electronic format, to the Secretary of Transportation, the House and
Senate Committees on Appropriations, the House Committee on
Transportation and Infrastructure and the Senate Committee on Commerce,
Science, and Transportation a comprehensive business plan approved by
the Board of Directors for fiscal year 2006 under section 24104(a) of
title 49, United States Code: Provided further, That the business plan
shall include, as applicable, targets for ridership, revenues, and
capital and operating expenses: Provided further, That the plan shall
also include a separate accounting of such targets for the Northeast
Corridor; commuter service; long-distance Amtrak service; State-
supported service; each intercity train route, including Autotrain; and
commercial activities including contract operations: Provided further,
That the business plan shall include a description of the work to be
funded, along with cost estimates and an estimated timetable for
completion of the projects covered by this business plan: Provided
further, That the Corporation shall continue to provide monthly reports
in electronic format regarding the pending business plan, which shall
describe the work completed to date, any changes to the business plan,
and the reasons for such changes, and shall identify all sole source
contract awards which shall be accompanied by a justification as to why
said contract was awarded on a sole source basis: Provided further,
That none of the funds in this Act may be used for operating expenses,
including advance purchase orders, not approved by the Secretary of
Transportation or on the National Railroad Passenger Corporation's
fiscal year 2006 business plan: Provided further, That Amtrak shall
display the business plan and all subsequent supplemental plans on the
Corporation's website within a reasonable timeframe following their
submission to the appropriate entities: Provided further, That none of
the funds under this heading may be obligated or expended until the
National Railroad Passenger Corporation agrees to continue abiding by
the provisions of paragraphs 1, 2, 3, 5, 9, and 11 of the summary of
conditions for the direct loan agreement of June 28, 2002, in the same
manner as in effect on the date of enactment of this Act: Provided
further, That none of the funds provided in this Act may be used after
March 1, 2006, to support any route on which Amtrak offers a discounted
fare of more than 50 percent off the normal, peak fare.
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation for the maintenance and
repair of capital infrastructure owned by the National Railroad
Passenger Corporation, including railroad equipment, rolling stock,
legal mandates and other services, $780,000,000, to remain available
until expended, of which not to exceed $280,000,000 shall be for debt
service obligations: Provided, That the Secretary of Transportation
shall approve funding for capital expenditures, including advance
purchase orders, for the National Railroad Passenger Corporation only
after receiving and reviewing a grant request for each specific capital
grant justifying the Federal support to the Secretary's satisfaction:
Provided further, That none of the funds under this heading may be used
to subsidize operating losses of the National Railroad Passenger
Corporation: Provided further, That none of the funds under this
heading may be used for capital projects not approved by the Secretary
of Transportation or on the National Railroad Passenger Corporation's
fiscal year 2006 business plan: Provided further, That the Secretary
shall determine the cost to the Corporation for the annual Northeast
Corridor capital and maintenance costs attributable to commuter rail
operations over said Corridor: Provided further, That these costs shall
be calculated by the Secretary based on the train mile usage of each
commuter rail authority as a percentage of the total number of annual
train miles used by all users of the Northeast Corridor or by whatever
measure the Secretary believes to be most appropriate: Provided
further, That, notwithstanding any other provision of law, the
Secretary shall assess fees to each commuter rail authority for any
direct capital or maintenance costs associated with that rail
authority's usage of the corridor: Provided further, That such
assessments shall account fully for whatever direct annual
contributions are already being made by each commuter authority for
such Northeast Corridor capital and maintenance expenses in that fiscal
year: Provided further, That the revenues from such fees shall be
merged with this appropriation and be available for obligation and
expenditure consistent with the terms and conditions of this paragraph:
Provided further, That the Secretary shall transmit to Congress a
monthly accounting of charges levied in accordance with the preceding
proviso.
EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
For an additional amount to be made available to the Secretary for
efficiency incentive grants to the National Railroad Passenger
Corporation, $40,000,000, to remain available until expended: Provided,
That the Secretary may make grants to the National Railroad Passenger
Corporation for an additional sum for operating subsidies at any time
during the fiscal year for the purpose of maintaining the operation of
existing Amtrak routes: Provided further, That nothing in the previous
proviso should be interpreted either to encourage or discourage the
Corporation with respect to adjusting existing routes or frequencies:
Provided further, That the Secretary may make grants for operating
subsidies at any time during the fiscal year in order to avert the
Corporation's entry into bankruptcy proceedings: Provided further, That
prior to awarding additional operating grants for the purpose of the
preceding proviso, the Secretary and the Inspector General of the
Department of Transportation shall certify to the Committees on
Appropriations of the House of Representatives and the Senate that such
grants are necessary to prevent the Corporation from entering
bankruptcy: Provided further, That if the Secretary and the Inspector
General deem that sufficient operating funds are available to continue
operations through the end of fiscal year 2006, then, as of September
1, 2006, the Secretary may make grants to the National Railroad
Passenger Corporation at such times and in such amounts for capital
improvements that have a direct and measurable short-term impact on
reducing operating losses of the National Railroad Passenger
Corporation.
Administrative Provisions--Federal Railroad Administration
Sec. 130. The Secretary may purchase promotional items of nominal
value for use in public outreach activities to accomplish the purposes
of 49 U.S.C. 20134: Provided, That the Secretary shall prescribe
guidelines for the administration of such purchases and use.
Sec. 131. Notwithstanding any other provision of law, from funds
made available to the Federal Railroad Administration under the heading
``Next Generation High-Speed Rail'' in the Consolidated Appropriations
Act of 2005 (Public Law 108-447), the Secretary of Transportation shall
award a grant in the amount of $500,000 to the Maine Department of
Transportation for Safety and Mitigation Rail Relocation in Auburn,
Maine.
Sec. 132. Notwithstanding any other provision of law, funds made
available to the Federal Railroad Administration for the Illinois
statewide highway-rail crossing safety program on page 1420 of the
Joint Explanatory Statement of the Committee of Conference for Public
Law 108-447 (House Report 108-792) shall be made available to the
Illinois Commerce Commission for the Public Education and Enforcement
Research (PEERS) program to improve rail-grade crossing safety through
education and enforcement initiatives.
Sec. 133. Notwithstanding any existing Federal legislation, from
funds available to the Federal Railroad Administration under the
heading of ``Next Generation High-Speed Rail'' in the Consolidated
Appropriations Act of 2004, Public Law 108-199; the Secretary of
Transportation may award a grant of $1,000,000 to the New Orleans
Regional Planning Commission, New Orleans, Louisiana for site planning
and an update of the Master Plan for the Union Passenger Terminal,
located at New Orleans, Louisiana.
Sec. 134. Notwithstanding any other provision of law, funds made
available to the Federal Railroad Administration for the Spokane Region
High Speed Rail Corridor Study on page 1420 of the Joint Explanatory
Statement of the Committee of Conference for Public Law 108-447 (House
Report 108-792) shall be made available to the Washington State
Department of Transportation for grade crossing and related
improvements under the Bridging the Valley project between Spokane
County, Washington and Kootenai County, Idaho.
Sec. 135. Of the $40,000,000 provided under the heading
``Efficiency Incentive Grants to the National Railroad Passenger
Corporation'', and notwithstanding limitation language contained
therein, $8,300,000 shall be made available immediately upon enactment
of this Act only for a revenue service demonstration of not less than
5,500 carload shipments of premium temperature-controlled express.
Federal Transit Administration
Administrative Expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $80,000,000: Provided, That of the funds available under
this heading, not to exceed $925,000 shall be available for the Office
of the Administrator; not to exceed $7,325,000 shall be available for
the Office of Administration; not to exceed $4,058,200 shall be
available for the Office of the Chief Counsel; not to exceed $1,359,300
shall be available for the Office of Communication and Congressional
Affairs; not to exceed $7,985,900 shall be available for the Office of
Program Management; not to exceed $8,732,500 shall be available for the
Office of Budget and Policy; not to exceed $4,763,900 shall be
available for the Office of Demonstration and Innovation; not to exceed
$3,153,100 shall be available for the Office of Civil Rights; not to
exceed $4,127,300 shall be available for the Office of Planning; not to
exceed $20,754,000 shall be available for regional offices; and not to
exceed $16,815,800 shall be available for the central account: Provided
further, That the Administrator is authorized to transfer funds
appropriated for an office of the Federal Transit Administration:
Provided further, That no appropriation for an office shall be
increased or decreased by more than a total of 5 percent during the
fiscal year by all such transfers: Provided further, That any change in
funding greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided further, That
any funding transferred from the central account shall be submitted for
approval to the House and Senate Committees on 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, including proposed allocations of funds for
fiscal year 2007.
FORMULA AND BUS GRANTS
(Liquidation of Contract Authority)
(Limitation on Obligations)
(Including Transfer of Funds)
For payment of obligations incurred in carrying out the provisions
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5317, 5320, 5335,
5339, and 5340 and section 3038 of Public Law 105-178, as amended,
$1,500,000,000, to be derived from the Mass Transit Account of the
Highway Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5317,
5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-178, as
amended, shall not exceed total obligations of $6,979,931,000 in fiscal
year 2006: Provided further, That of the funds made available to carry
out capital projects to modernize fixed guideway systems authorized
under 49 U.S.C. 5309(b)(2), $47,766,000 shall be transferred to the
Capital Investment Grants account and made available to carry out new
fixed guideway capital projects identified in this Act and in
accordance with the applicable provisions of 49 U.S.C. 5309: Provided
further, That except as provided in section 3044(b)(1) of Public Law
109-59, funds made available to carry out 49 U.S.C. 5308 shall instead
be available to carry out 49 U.S.C. 5309(b)(3).
RESEARCH AND UNIVERSITY RESEARCH CENTERS
For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315,
5322, and 5506, $75,200,000, to remain available until expended:
Provided, That $9,000,000 is available to carry out the transit
cooperative research program under section 5313 of title 49, United
States Code, $4,300,000 is available for the National Transit Institute
under section 5315 of title 49, United States Code, $7,000,000 is
available for university transportation centers program under section
5506 of title 49, United States Code: Provided further, That
$54,200,000 is available to carry out national research programs under
sections 5312, 5313, 5314, and 5322 of title 49, United States Code.
Capital Investment Grants
For necessary expenses to carry out section 5309 of title 49,
United States Code, $1,455,234,000, to remain available until expended
as follows:
ACE Gap Closure San Joaquin County, California, $5,000,000.
Alaska and Hawaii ferry projects, $15,000,000.
Ann Arbor/Detroit Commuter Rail, Michigan, $5,000,000.
Atlanta Beltline/C-Loop, Georgia, $1,000,000.
Baltimore Central Light Rail Double Track Project, Maryland,
$12,420,000.
Baltimore Red Line and Green Line, Maryland, $2,000,000.
Boston/Fitchburg, Massachusetts Rail Corridor, $2,000,000.
Central Corridor/St. Paul--Minneapolis, Minnesota, $2,000,000.
Central Florida Commuter Rail, $11,000,000.
Central Phoenix/East Valley LRT, Arizona, $90,000,000.
Charlotte South Corridor Light Rail Project, North Carolina,
$55,000,000.
City of Miami Streetcar, Florida, $2,000,000.
City of Rock Hill Trolley Study, South Carolina, $400,000.
Commuter Rail, Albuquerque to Santa Fe, New Mexico, $500,000.
Commuter Rail, Utah, $9,000,000.
CORRIDORone Regional Rail Project, Pennsylvania, $1,500,000.
CTA Douglas Blue Line, Illinois, $45,150,000.
CTA Ravenswood Brown Line, Illinois, $40,000,000.
CTA Yellow Line, Illinois, $1,000,000.
Dallas Northwest/Southeast Light Rail MOS, Texas, $12,000,000.
Denali Commission, Alaska, $5,000,000.
Detroit Center City Loop, Michigan, $4,000,000.
Dulles Corridor Rapid Transit Project, Virginia, $26,000,000.
East Corridor Commuter Rail, Nashville, Tennessee, $6,000,000.
East Side Access Project, New York, $340,000,000.
Euclid Corridor Transportation Project, Ohio, $24,774,513.
Fort Lauderdale Downtown Rail Link, Florida, $1,000,000.
Gainesville-Haymarket VRE Service Extension, Virginia,
$1,450,000.
Hartford-New Britain Busway, Connecticut, $6,000,000.
Houston METRO, Texas, $12,000,000.
Hudson-Bergen Light Rail MOS 2, New Jersey, $100,000,000.
Kansas City, Missouri, Southtown BRT, $12,300,000.
Metra, Illinois, $42,180,000.
Metro Gold Line Eastside Light Rail Extension, California,
$80,000,000.
Miami Dade County Metrorail Extension, Florida, $10,000,000.
Mid-Coast Light Rail Transit Extension, California, $7,160,000.
Mid-Jordan Light Rail Transit Line, Utah, $500,000.
Mission Valley East, California, $7,700,000.
N. Indiana Commuter Transit District Recapitalization,
$5,000,000.
New Jersey Trans-Hudson Midtown Corridor, New Jersey,
$12,315,000.;
North Corridor Interstate MAX Light Rail Project, Oregon,
$18,110,000.
North Shore Connector, Pennsylvania, $55,000,000.
North Shore Corridor and Blue Line Extension, Massachusetts,
$2,000,000.
Northeast Corridor Commuter Rail Project, Delaware, $1,425,000.
Northern Branch Bergen County, New Jersey, $2,500,000.
Northstar Corridor Commuter Rail Project, Minnesota,
$2,000,000.
Northwest New Jersey--Northeast Pennsylvania Passenger Rail,
$10,000,000.
Oceanside Escondido Rail Project, California, $12,210,000.
Odgen Avenue Transit Corridor/Circle Line, Illinois,
$1,000,000.
Regional Fixed Guideway Project, Nevada, $3,000,000.
Rhode Island Integrated Commuter Rail Project, Rhode Island,
$6,000,000.
San Francisco BART Extension to San Francisco International
Airport, California, $81,860,000.
San Francisco Muni Third Street Light Rail Project, California,
$25,000,000.
San Juan Tren Urbano, Puerto Rico, $8,045,487.
Santa Barbara Coast Rail Track Improvement Project, California,
$1,000,000.
Schuylkill Valley Metro, Pennsylvania, $4,000,000.
Seattle Sound Transit, Washington, $80,000,000.
Second Avenue Subway, New York, $25,000,000.
Silicon Valley Rapid Transit Corridor Project, Santa Clara
County, California, $6,500,000.
Silver Line Phase III, Massachusetts, $4,000,000.
Sounder Commuter Rail, Washington, $5,000,000.
Southeast Corridor Multi-Modal Project (T-REX), Colorado,
$80,000,000.
Stamford Urban Transitway, Connecticut, $10,000,000.
Triangle Transit Authority Regional Rail System (Raleigh-
Durham), North Carolina, $20,000,000.
Washington County Commuter Rail Project, Oregon, $15,000,000.
West Corridor Light Rail, Colorado, $5,000,000.
Administrative Provisions--Federal Transit Administration
Sec. 140. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 141. Notwithstanding any other provision of law, and except
for fixed guideway modernization projects, funds made available by this
Act under ``Federal Transit Administration, Capital investment grants''
for projects specified in this Act or identified in reports
accompanying this Act not obligated by September 30, 2008, and other
recoveries, shall be made available for other projects under 49 U.S.C.
5309.
Sec. 142. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2005, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 143. Notwithstanding any other provision of law, unobligated
funds made available for a new fixed guideway systems projects under
the heading ``Federal Transit Administration, Capital Investment
Grants'' in any appropriations Act prior to this Act may be used during
this fiscal year to satisfy expenses incurred for such projects.
Sec. 144. Funds made available for Alaska or Hawaii ferry boats or
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be
used to construct new vessels and facilities, or to improve existing
vessels and facilities, including both the passenger and vehicle-
related elements of such vessels and facilities, and for repair
facilities: Provided, That not more than $3,000,000 of the funds made
available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the State
of Hawaii to initiate and operate a passenger ferryboat services
demonstration project to test the viability of different intra-island
and inter-island ferry boat routes and technology: Provided further,
That notwithstanding 49 U.S.C. 5302(a)(7), funds made available for
Alaska or Hawaii ferry boats may be used to acquire passenger ferry
boats and to provide passenger ferry transportation services within
areas of the State of Hawaii under the control or use of the National
Park Service.
Sec. 145. Amounts made available from the bus category of the
Capital Investment Grants Account or Discretionary Grants Account in
this or any other previous Appropriations Act that remain unobligated
or unexpended in a grant for a multimodal transportation facility in
Burlington, Vermont, may be used for site-preparation and design
purposes of a multimodal transportation facility in a different
location within Burlington, Vermont, than originally intended
notwithstanding previous expenditures incurred such purposes at the
original location.
Sec. 146. Notwithstanding any other provision of law, funds
designated in the conference report accompanying Public Law 108-447 and
Public Law 108-199 for the King County Metro Park and Ride on First
Hill, Seattle, Washington, shall be available to the Swedish Hospital
parking garage, Seattle, Washington, subject to the same conditions and
requirements of section 125 of division H of Public Law 108-447.
Sec. 147. Funds in this Act that are apportioned to the Charleston
Area Regional Transportation Authority to carry out section 5307 of
title 49, United States Code, may be used to acquire land, equipment,
or facilities used in public transportation from another governmental
authority in the same geographic area: Provided, That the non-Federal
share under section 5307 may include revenues from the sale of
advertising and concessions.
Sec. 148. Notwithstanding any other provision of law, any
unobligated funds designated to the Jacksonville Transportation
Authority, Community Transportation Coordinator Program under the
heading ``Job Access and Reverse Commute Grants'' in the statement of
the managers accompanying Public Law 108-199 may be made available to
the Jacksonville Transportation Authority for any purpose authorized
under the Job Access and Reverse Commute program.
Sec. 149. Notwithstanding any other provision of law, any funds
made available to the South Shore Commuter Rail, Indiana, project under
the Federal Transit Administration Capital Investment Grants Account in
division H of Public Law 108-447 that remain available may be used for
remodernization of the South Shore Commuter Rail system.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and 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, $122,249,000 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
$15,000,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy; and of which
$8,211,000 shall remain available until expended for the State Maritime
Schools Schoolship Maintenance and Repair.
Ship Disposal
For necessary expenses related to the disposal of obsolete 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 $4,126,000, which shall be transferred to and
merged with the appropriation for Operations and Training.
Ship Construction
(rescission)
Of the unobligated balances available under this heading,
$2,071,280 are rescinded.
Administrative Provisions--Maritime Administration
Sec. 150. Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease, contract, or
occupancy involving Government property under control of the Maritime
Administration, and payments received therefore shall be credited to
the appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
Sec. 151. No obligations shall be incurred during the current
fiscal year from the construction fund established by the Merchant
Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), or otherwise, in excess
of the appropriations and limitations contained in this Act or in any
prior appropriations Act.
Pipeline and Hazardous Materials Safety Administration
Administrative Expenses
For necessary administrative expenses of the Pipeline and Hazardous
Materials Safety Administration, $16,877,000, of which $645,000 shall
be derived from the Pipeline Safety Fund.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $26,138,000, of which $1,847,000 shall remain available
until September 30, 2008: Provided, That up to $1,200,000 in fees
collected under 49 U.S.C. 5108(g) shall be deposited in the general
fund of the Treasury as offsetting receipts: Provided 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,
$73,010,000, 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 $58,010,000 shall be derived from the Pipeline Safety
Fund, of which $24,000,000 shall remain available until September 30,
2008: Provided, That not less than $1,000,000 of the funds provided
under this heading shall be for the one-call State grant program.
Emergency Preparedness Grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2007: Provided, That not more than $14,300,000
shall be made available for obligation in fiscal year 2006 from amounts
made available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That
none of the funds made available by 49 U.S.C. 5116(i), 5127(c), and
5127(d) shall be made available for obligation by individuals other
than the Secretary of Transportation, or his designee.
Research and Innovative Technology Administration
Research and Development
For necessary expenses of the Research and Innovative Technology
Administration, $5,774,000, of which $1,121,000 shall remain available
until September 30, 2008: Provided, That there may be credited to this
appropriation, to be available until expended, funds received from
States, counties, municipalities, other public 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, $26,450,000: 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 $25,200,000.
Administrative Provisions--Department of Transportation
(including transfers of funds)
Sec. 160. 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. 161. 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. 162. None of the funds in this Act shall be available for
salaries and expenses of more than 108 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 163. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 164. (a) No recipient of funds made available in this Act
shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in 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. 165. 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. 166. Notwithstanding any other provisions of law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of
an amount determined by the Secretary.
Sec. 167. None of the funds in this Act to the Department of
Transportation may be used to make a grant unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any
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. 168. 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. 169. Amounts made available in this or any other Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the Department
of Transportation in recovering improper 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. 170. 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. 171. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for Congressional
notification.
Sec. 172. None of the funds made available under this Act may be
obligated or expended to establish or implement a pilot program under
which not more than 10 designated essential air service communities
located in proximity to hub airports are required to assume 10 percent
of their essential air subsidy costs for a 4-year period commonly
referred to as the EAS local participation program.
Sec. 173. (a) Section 14710(a) of title 49, United States Code, is
amended--
(1) by striking ``a State authority may'' and inserting ``a
State authority other than the attorney general of the state may,
as parens patriae,''; and
(2) by inserting the following after the first sentence:
``Any civil action for injunctive relief to enjoin such delivery or
transportation or to compel a person to pay a fine or penalty assessed
under chapter 149 shall be brought in an appropriate district court of
the United States.''.
(b) Section 14710(b) of title 49, United States Code, is amended to
read as follows:
``(b) Exercise of Enforcement Authority.--The authority of this
section shall be exercised subject to the requirements of sections
14711(b)-(f) of this title.''.
(c) Section 14711(b)(1) of title 49, United States Code, is amended
by inserting the following at the end:
``The State may initiate a civil action under subsection (a) if it is
reviewable under subsection (b)(2).''.
(d) Section 14711(b)(4) of title 49, United States Code, is amended
by inserting ``that is subject to review under subsection (b)(2)''
before ``if the Secretary''.
(e) The amendments made by this section shall cease to be in effect
after September 30, 2006.
Sec. 174. Section 112(b)(2) of title 23, United States Code, is
amended--
(1) in subparagraph (A), by striking ``title 40'' and all that
follows through the period and inserting ``title 40.'';
(2) by striking subparagraph (B);
(3) by redesignating subparagraphs (C) through (G) as
subparagraphs (B) through (F), respectively;
(4) in subparagraph (E) (as redesignated by paragraph (3)), in
the first sentence, by striking ``subparagraph (E)'' and inserting
``subparagraph (D)''; and
(5) in subparagraph (F) (as redesignated by paragraph (3)), by
striking ``State Option'' and all that follows through the period
and inserting ``(F) Subparagraphs (B), (C), (D) and (E) herein
shall not apply to the States of West Virginia or Minnesota.''.
Sec. 175. Notwithstanding any provision of law, the Secretary of
Transportation is authorized and directed to make project grants under
chapter 471 of title 49, United States Code, from funds available for
fiscal year 2006 and thereafter under 49 U.S.C. 48103, for the cost of
acquisition of land, or reimbursement of the cost of land if purchased
prior to enactment of this provision and prior to a grant agreement,
for non-exclusive use aeronautical purposes on an airport layout plan
that has been approved by the Secretary on January 23, 2004, pursuant
to section 49 U.S.C. 47107(a)(16), for any small hub airport as defined
in 49 U.S.C. 47102, and had scheduled or chartered direct international
flights totaling at least 200 million pounds gross aircraft landed
weight for calendar year 2002.
Sec. 176. (a) Section 47108 of title 49, United States Code, is
amended in subsection (e) by adding the following new paragraph at the
end:
``(3) Changes to nonhub primary status.--If the status of a
nonhub primary airport changes to a small hub primary airport at a
time when the airport has received discretionary funds under this
chapter for a terminal development project in accordance with
section 47110(d)(2), and the project is not yet completed, the
project shall remain eligible for funding from the discretionary
fund and the small airport fund to pay costs allowable under
section 47110(d). Such project shall remain eligible for such funds
for three fiscal years after the start of construction of the
project, or if the Secretary determines that a further extension of
eligibility is justified, until the project is completed.''.
(b) Conforming Amendment.--Section 47110(d)(2)(A) is amended by
striking ``(A) the'' and inserting ``(A) except as provided in section
47108(e)(3), the''.
Sec. 177. Section 40128(e) of title 49, United States Code, is
amended by adding at the end the following: ``For purposes of this
subsection, an air tour operator flying over the Hoover Dam in the Lake
Mead National Recreation Area en route to the Grand Canyon National
Park shall be deemed to be flying solely as a transportation route.''.
Nothing in this provision shall allow exemption from overflight rules
for the Grand Canyon.
Sec. 178. Section 145(c) of the Aviation and Transportation
Security Act (49 U.S.C. 40101 note) is amended by striking ``November
19, 2005.'' and inserting ``November 30, 2006.''.
Sec. 179. (a)(1) This section shall apply to a former employee of
the Federal Aviation Administration, who--
(A) was involuntarily separated as a result of the
reorganization of the Flight Services Unit following the
outsourcing of flight service duties to a contractor;
(B) was not eligible by October 3, 2005 for an immediate
annuity under a Federal retirement system; and
(C) assuming continued Federal employment, would attain
eligibility for an immediate annuity under section 8336(d) or
8414(b) of title 5, United States Code, not later than October 4,
2007.
(2) Notwithstanding any other provision of law, during the period
beginning on the date of enactment of this Act and ending October 4,
2007, an employee described under paragraph (1) may, with the approval
of the Administrator of the Federal Aviation Administration or the
designee of the Administrator, accept an assignment to such contractor
within 14 days after the date of enactment of this section.
(3) Except as provided in subsection (c), an employee appointed
under paragraph (1)--
(A) shall be a temporary Federal employee for the duration of
the assignment;
(B) notwithstanding such temporary status, shall retain
previous enrollment or participation in Federal employee benefits
programs under chapters 83, 84, 87, and 89 of title 5, United
States Code; and
(C) shall be considered to have not had a break in service for
purposes of chapters 83, 84, and sections 8706(b) and 8905(b) of
title 5, United States Code, except no service credit or benefits
shall be extended retroactively.
(4) An assignment and temporary appointment under this section
shall terminate on the earlier of--
(A) October 4, 2007; or
(B) the date on which the employee first becomes eligible for
an immediate annuity under section 8336(d) or 8414(b) of title 5,
United States Code.
(5) Such funds as may be necessary are authorized for the Federal
Aviation Administration to pay the salary and benefits of an employee
assigned under this section, but no funds are authorized to reimburse
the employing contractor for the salary and benefits of an employee so
assigned.
(b) An employee who was involuntarily separated as a result of the
reorganization of the Flight Services Unit following the outsourcing of
flight service duties to a contractor, and was eligible to use annual
leave under the conditions of section 6302(g) of title 5, United States
Code, may use such leave to--
(1) qualify for an immediate annuity or to meet the age or
service requirements for an enhanced annuity that the employee
could qualify for under sections 8336, 8412, or 8414; or
(2) to meet the requirements under section 8905(b) of title 5,
United States Code, to qualify to continue health benefits coverage
after retirement from service.
(c)(1) Nothing in this section shall--
(A) affect the validity or legality of the reduction-in-force
actions of the Federal Aviation Administration effective October 3,
2005; or
(B) create any individual rights of actions regarding such
reduction-in-force or any other actions related to or arising under
the competitive sourcing of flight services.
(2) An employee subject to this section shall not be--
(A) covered by chapter 71 of title 5, United States Code, while
on the assignment authorized by this section; or
(B) subject to section 208 of title 18, United States Code.
(3) Temporary employees assigned under this section shall not be
Federal employees for purposes of chapter 171 of title 28, United
States Code (commonly referred to as the Federal Tort Claims Act).
Chapter 171 of title 28, United States Code (commonly referred to as
the Federal Tort Claims Act) and any other Federal tort liability
statute shall not apply to an employee who is assigned to a contractor
under subsection (a).
Sec. 180. (a) In this section:
(1) The term ``Conservation Area'' means the Sloan Canyon
National Conservation Area established by section 604(a) of the
Clark County Conservation of Public Land and Natural Resources Act
of 2002 (116 Stat. 2010).
(2) The term ``County'' means Clark County, Nevada.
(3)(A) The term ``helicopter tour'' means a commercial
helicopter tour operated for profit.
(B) The term ``helicopter tour'' does not include a helicopter
tour that is carried out to assist a Federal, State, or local
agency.
(4) The term ``Secretary'' means the Secretary of the Interior.
(5) The term ``Wilderness'' means the North McCullough
Mountains Wilderness established by section 202(a)(13) of the Clark
County Conservation of Public Land and Natural Resources Act of
2002 (116 Stat. 2000).
(b) As soon as practicable after the date of enactment of this Act,
the Secretary shall convey to the County, subject to valid existing
rights, for no consideration, all right, title, and interest of the
United States in and to the parcel of land described in subsection (c).
(c) The parcel of land to be conveyed under subsection (b) is the
parcel of approximately 229 acres of land depicted as tract A on the
map entitled ``Clark County Public Heliport Facility'' and dated May 3,
2004.
(d)(1) The parcel of land conveyed under subsection (b)--
(A) shall be used by the County for the operation of a heliport
facility under the conditions stated in paragraphs (2), (3), and
(4); and
(B) shall not be disposed of by the County.
(2)(A) Any operator of a helicopter tour originating from or
concluding at the parcel of land described in subsection (c) shall pay
to the Clark County Department of Aviation a $3 conservation fee for
each passenger on the helicopter tour if any portion of the helicopter
tour occurs over the Conservation Area.
(B)(i) Not earlier than 10 years after the date of enactment of
this Act and every 10 years thereafter, the Secretary shall conduct a
review to determine whether to raise the amount of the conservation
fee.
(ii) After conducting a review under clause (i) and providing an
opportunity for public comment, the Secretary may raise the amount of
the conservation fee in an amount determined to be appropriate by the
Secretary, but by not more than 50 percent of the amount of the
conservation fee in effect on the day before the date of the increase.
(3)(A) The amounts collected under paragraph (2) shall be deposited
in a special account in the Treasury of the United States.
(B) Of the amounts deposited under subparagraph (A)--
(i) \2/3\ of the amounts shall be available to the Secretary,
without further appropriation, for the management of cultural,
wildlife, and wilderness resources on public land in the State of
Nevada; and
(ii) \1/3\ of the amounts shall be available to the Director of
the Bureau of Land Management, without further appropriation, for
the conduct of Bureau of Land Management operations for the
Conservation Area and the Red Rock Canyon National Conservation
Area.
(4)(A) Except for safety reasons, any helicopter tour originating
or concluding at the parcel of land described in subsection (c) that
flies over the Conservation Area shall not fly--
(i) over any area in the Conservation Area except the area that
is between 3 and 5 miles north of the latitude of the southernmost
boundary of the Conservation Area;
(ii) lower than 1,000 feet over the eastern segments of the
boundary of the Conservation Area; or
(iii) lower than 500 feet over the western segments of the
boundary of the Conservation Area.
(B) The Administrator of the Federal Aviation Administration shall
establish a special flight rules area and any operating procedures that
the Administrator determines to be necessary to implement subparagraph
(A).
(5) If the County ceases to use any of the land described in
subsection (c) for the purpose described in paragraph (1)(A) and under
the conditions stated in paragraph (2)--
(A) title to the parcel shall revert to the United States,
at the option of the United States; and
(B) the County shall be responsible for any reclamation
necessary to revert the parcel to the United States.
(e) The Secretary shall require, as a condition of the conveyance
under subsection (b), that the County pay the administrative costs of
the conveyance, including survey costs and any other costs associated
with the transfer of title.
Sec. 181. The first sentence of section 29(c) of the International
Air Transportation Competition Act of 1979 (Public Law 96-192; 94 Stat.
48) is amended by inserting ``Missouri,'' before ``and Texas''.
Sec. 182. Notwithstanding any other provision of law, none of the
funds provided in or limited by this Act may be obligated or expended
to provide a budget justification for fiscal year 2007 concurrently
with the President's annual budget submission to Congress under section
1105(a) of title 31, United States Code, to any congressional committee
other than the House and Senate Committees on Appropriations prior to
May 31, 2006.
Sec. 183. Notwithstanding any other provision of law, if any funds
provided in or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, said reprogramming action shall be
approved or denied solely by the Committees on Appropriations:
Provided, That the Secretary may provide notice to other congressional
committees of the action of the Committees on Appropriations on such
reprogramming but not sooner than 30 days following the date on which
the reprogramming action has been approved or denied by the House and
Senate Committees on Appropriations.
Sec. 184. Notwithstanding any other provision of law, the projects
numbered 5094 and 5096 in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59; 119 Stat. 1144) shall be subject
to section 120(c) of title 23, United States Code.
Sec. 185. For necessary expenses, including an independent
verification regime, to reimburse fixed-based general aviation
operators and the providers of general aviation ground support services
at Ronald Reagan Washington National Airport; College Park Airport in
College Park, Maryland; Potomac Airpark in Fort Washington, Maryland;
Washington Executive/Hyde Field in Clinton, Maryland; and Washington
South Capitol Street Heliport in Washington, DC; for direct and
incremental financial losses incurred while such airports were closed
to general aviation operations, or as of the date of enactment of this
provision in the case of airports that have not reopened to such
operations, by these operators and service providers solely due to the
actions of the Federal Government following the terrorist attacks on
the United States that occurred on September 11, 2001, not to exceed
$17,000,000, to be available until expended: Provided, That of this
amount not to exceed $5,000,000 shall be available on a pro-rata basis,
if necessary, to fixed-based general aviation operators and the
providers of general aviation ground support services located at
College Park Airport in College Park, Maryland; Potomac Airpark in Fort
Washington, Maryland; and Washington Executive/Hyde Field in Clinton,
Maryland: Provided further, That no funds shall be obligated or
distributed to fixed-based general aviation operators and providers of
general aviation ground support services until an independent audit is
completed: Provided further, That losses incurred as a result of
violations of law, or through fault or negligence, of such operators
and service providers or of third parties (including airports) are not
eligible for reimbursements: Provided further, That obligation and
expenditure of funds are conditional upon full release of the United
States Government for all claims for financial losses resulting from
such actions.
Sec. 186. Notwithstanding any other provision of law, any amounts
made available pursuant to Public Law 109-59 for the Gravina Island
bridge and the Knik Arm bridge shall be made available to the Alaska
Department of Transportation and Public Facilities for any purpose
eligible under section 133(b) of title 23, United States Code:
Provided, That in allocating funds for the equity bonus program under
section 105 of such title, the Secretary shall make the calculations
required under that section as if this section had not been enacted:
Provided further, That the descriptions for High Priority Projects
#406, the Gravina Island bridge, and #2465, the Knik Arm bridge, in
section 1702 of Public Law 109-59 are hereby deleted and in their place
is inserted ``the Alaska Department of Transportation and Public
Facilities''.
Sec. 187. (a) In addition to amounts available to carry out section
10204 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (Public Law 109-59) as of the date of
enactment of this Act, of the amounts made available by section 112 of
this Act, $1,000,000 shall be used by the Secretary of Transportation
and the Secretary of Homeland Security to jointly--
(1) complete the review and assessment of catastrophic
hurricane evacuation plans under that section; and
(2) submit to Congress, not later than June 1, 2006, the report
described in subsection (d) of that section.
(b) Section 10204 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law 109-59) is
amended--
(1) in subsection (a)--
(A) by inserting after ``evacuation plans'' the following:
``(including the costs of the plans)''; and
(B) by inserting ``and other catastrophic events'' before
``impacting'';
(2) in subsection (b), by striking ``and local'' and inserting
``parish, county, and municipal''; and
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``safe and'' before
``practical'';
(B) in paragraph (2), by inserting after ``States'' the
following: ``and adjoining jurisdictions'';
(C) in paragraph (3), by striking ``and'' after the
semicolon at the end;
(D) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(E) by adding at the end the following:
``(5) the availability of food, water, restrooms, fueling
stations, and shelter opportunities along the evacuation routes;
``(6) the time required to evacuate under the plan; and
``(7) the physical and mental strains associated with the
evacuation.''.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2006''.
TITLE II
DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and Expenses
(including transfer of funds)
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of,
and purchase of commercial insurance policies for, real properties
leased or owned overseas, when necessary for the performance of
official business, not to exceed $3,000,000 for official travel
expenses; $196,592,000, of which not to exceed $8,642,000 is for
executive direction program activities; not to exceed $7,852,000 is for
general counsel program activities; not to exceed $32,011,000 is for
economic policies and programs activities; not to exceed $26,574,000 is
for financial policies and programs activities; pursuant to section
3004(b) of the Exchange Rates and International Economic Policy
Coordination Act of 1988 (22 U.S.C. 5304(b)), not to exceed $1,000,000,
to remain available until expended, is for the Secretary of the
Treasury, in conjunction with the President, to implement said
subsection as it pertains to governments and trade violations involving
currency manipulation and other trade violations; not to exceed
$39,939,000 is for financial crimes policies and programs activities;
not to exceed $16,843,000 is for Treasury-wide management policies and
programs activities; and not to exceed $63,731,000 is for
administration programs activities: Provided, That of the amount
appropriated for financial crimes policies and programs activities,
$22,032,016 is for the Office of Foreign Assets Control and shall
support no less than 125 full time equivalent positions: Provided
further, That the Secretary of the Treasury is authorized to transfer
funds appropriated for any program activity of the Departmental Offices
to any other program activity of the Departmental Offices upon
notification to the House and Senate Committees on Appropriations:
Provided further, That no appropriation for any program activity shall
be increased or decreased by more than two percent by all such
transfers: Provided further, That any change in funding greater than
two percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That of the amount
appropriated under this heading, not to exceed $3,000,000, to remain
available until September 30, 2007, for information technology
modernization requirements; not to exceed $100,000 for official
reception and representation expenses; and not to exceed $258,000 for
unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury and to be
accounted for solely on his certificate: Provided further, That of the
amount appropriated under this heading, $5,173,000, to remain available
until September 30, 2007, is for the Treasury-wide Financial Statement
Audit Program, of which such amounts as may be necessary may be
transferred to accounts of the Department's offices and bureaus to
conduct audits: Provided further, That this transfer authority shall be
in addition to any other provided in this Act.
Department-Wide Systems and Capital Investments Programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$24,412,000, to remain available until September 30, 2008: Provided,
That these funds shall be transferred to accounts and in amounts as
necessary to satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds appropriated
shall be used to support or supplement ``Internal Revenue Service,
Information Systems'' or ``Internal Revenue Service, Business Systems
Modernization''.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, not to exceed $2,000,000 for official travel expenses,
including hire of passenger motor vehicles; and not to exceed $100,000
for unforeseen emergencies of a confidential nature, to be allocated
and expended under the direction of the Inspector General of the
Treasury, $17,000,000, of which not to exceed $2,500 shall be available
for official reception and representation expenses.
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),
$2,750,000, to remain available until expended.
Treasury Building and Annex Repair and Restoration
For the repair, alteration, and improvement of the Treasury
Building and Annex, $10,000,000, to remain available until 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
$26,768,000.
Bureau of the Public Debt
Administering the Public Debt
For necessary expenses connected with any public-debt issues of the
United States, $179,923,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $2,000,000 shall remain available until expended
for systems modernization: Provided, That the sum 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
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and Financial
Institutions Act of 1994 (Public Law 103-325), 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, 2007, of which $4,000,000 shall be
for financial assistance, technical assistance, training and outreach
programs designed to benefit Native American, Native Hawaiian, and
Alaskan Native communities and provided primarily through qualified
community development lender organizations with experience and
expertise in community development banking and lending in Indian
country, Native American organizations, tribes and tribal organizations
and other suitable providers, and up to $13,500,000 may be used for
administrative expenses, including administration of the New Markets
Tax Credit, up to $6,000,000 may be used for the cost of direct loans,
and up to $250,000 may be used for administrative expenses to carry out
the direct loan program: Provided, That the cost of direct loans,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$11,000,000.
Internal Revenue Service
Processing, Assistance, and Management
(including rescission of funds)
For necessary expenses of the Internal Revenue Service for pre-
filing taxpayer assistance and education, filing and account services,
shared services support, general management and administration; and
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,136,578,000, of which up to
$4,100,000 shall be for the Tax Counseling for the Elderly Program, of
which $8,000,000 shall be available for low-income taxpayer clinic
grants, of which $1,500,000 shall be for the Internal Revenue Service
Oversight Board; and of which not to exceed $25,000 shall be for
official reception and representation expenses: Provided, That of
unobligated amounts available under this heading from previous
appropriations Acts, $20,000,000 shall be rescinded.
Tax Law Enforcement
(including transfer of funds)
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing litigation
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, $4,725,756,000, of which not to exceed
$1,000,000 shall remain available until September 30, 2008, for
research; and of which $55,584,000 shall be for the Interagency Crime
and Drug Enforcement program: Provided, That up to $10,000,000 may be
transferred as necessary from this account to the IRS Processing,
Assistance, and Management appropriation 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, $1,598,967,000, of which $75,000,000 shall remain
available until September 30, 2007.
Business Systems Modernization
For necessary expenses of the Internal Revenue Service,
$199,000,000, to remain available until September 30, 2008, for the
capital asset acquisition of information technology systems, including
management and related contractual costs of said 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
(including rescission of funds)
For expenses necessary to implement the health insurance tax credit
included in the Trade Act of 2002 (Public Law 107-210), $20,210,000:
Provided, That of unobligated amounts available under this heading from
previous appropriations acts, $9,000,000 shall be rescinded.
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 appropriated or otherwise made
available in this or any other Act or source to the Internal Revenue
Service may be used to reduce taxpayer services as proposed in fiscal
year 2006 until the Treasury Inspector General for Tax Administration
completes a study detailing the impact of such proposed reductions on
taxpayer compliance and taxpayer services, and the Internal Revenue
Service's plans for providing adequate alternative services, and
submits such study and plans to the Committees on Appropriations of the
House of Representatives and the Senate for approval: Provided, That no
funds shall be obligated by the Internal Revenue Service for such
purposes for 60 days after receipt of such study: Provided further,
That the Internal Revenue Service shall consult with stakeholder
organizations, including but not limited to, the National Taxpayer
Advocate, the Internal Revenue Service Oversight Board, the Treasury
Inspector General for Tax Administration, and Internal Revenue Service
employees with respect to any proposed or planned efforts by the
Internal Revenue Service to terminate or reduce significantly any
taxpayer service activity.
Sec. 206. Of the funds made available by this Act to the Internal
Revenue Service, not less than $6,447,000,000 shall be available only
for tax enforcement. In addition, of the funds made available by this
Act to the Internal Revenue Service, and subject to the same terms and
conditions, $446,000,000 shall be available for enhanced tax
enforcement.
Sec. 207. Of the funds made available by this Act to the Internal
Revenue Service, not less than $166,249,000 shall be available for
operating expenses of the Taxpayer Advocate Service, of which not less
than $141,311,650 shall be made available from the ``Tax Law
Enforcement'' account.
Sec. 208. The Internal Revenue Service shall submit its fiscal year
2007 congressional budget justifications to the Committees on
Appropriations of the House of Representatives and the Senate using the
identical structure provided under this Act and only in accordance with
the direction specified in the report accompanying this Act.
Sec. 209. Section 3 under the heading ``Administrative Provisions--
Internal Revenue Service'' of title I of Public Law 103-329 is amended
by striking the last proviso.
Administrative Provisions--Department of the Treasury
(including transfer of funds)
Sec. 210. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 211. Not to exceed 2 percent of any appropriations in this Act
made available to the Departmental Offices--Salaries and Expenses,
Office of Inspector General, Financial Management Service, Alcohol and
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and
Bureau of the Public Debt, may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or decrease any
such appropriation by more than 2 percent.
Sec. 212. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
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. 213. 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. 214. 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. 215. The Secretary of the Treasury may transfer funds from
Financial Management Services, Salaries and Expenses to Debt Collection
Fund as necessary to cover the costs of debt collection: Provided, That
such amounts shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
Sec. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
note), is further amended by striking ``7 years'' and inserting ``8
years''.
Sec. 217. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the House Committee on Financial Services and the Senate Committee
on Banking, Housing, and Urban Affairs.
Sec. 218. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; the House Committee on Appropriations; and the Senate
Committee on Appropriations.
Sec. 219. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Secretary of the
Treasury may be expended to develop, study, or implement any plan to
reallocate the resources of, or merge the Financial Crimes Enforcement
Network into the Departmental Offices--Salaries and Expenses, or any
other office within the Department of the Treasury.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2006''.
TITLE III
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
Tenant-Based Rental Assistance
(including transfer of funds)
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $15,573,655,725, to remain available until
expended, of which $11,373,656,000 shall be available on October 1,
2005, and $4,200,000,000 shall be available on October 1, 2006:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $14,089,755,725 for renewals of expiring section 8 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 or vouchers that were not in use during the 12-month
period in order to be available to meet a commitment pursuant to
section 8(o)(13) of the Act: Provided further, That the Secretary
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 public housing
agencies participating in the Moving to Work demonstration shall be
funded pursuant to their Moving to Work agreements and shall be
subject to the same pro rata adjustments under the previous
proviso: Provided further, That up to $45,000,000 shall be
available only: (1) to adjust the allocations for public housing
agencies, after application for an adjustment by a public housing
agency and verification by HUD, whose allocations under this
heading for contract renewals for the calendar year 2005 funding
cycle were based on verified VMS leasing and cost data averaged for
the months of May, June, and July of 2004 and solely because of
temporarily low leasing levels during such 3-month period did not
accurately reflect leasing levels and costs for the 2004 fiscal
year of the agencies; and (2) for adjustments for public housing
agencies that experienced a significant increase, as determined by
the Secretary, in renewal costs resulting from unforeseen
circumstances or from the portability under section 8(r) of the
United States Housing Act of 1937 of tenant-based rental
assistance: Provided further, That none of the funds provided in
this paragraph may be used to support a total number of unit months
under lease which exceeds a public housing agency's authorized
level of units under contract;
(2) $180,000,000 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, and tenant protection assistance including
replacement and relocation assistance: Provided, That no more than
$12,000,000 can be used for section 8 assistance to cover the cost
of judgments and settlement agreements;
(3) $48,000,000 for family self-sufficiency coordinators under
section 23 of the Act;
(4) $5,900,000 shall be transferred to the Working Capital
Fund; and
(5) $1,250,000,000 for administrative and other expenses of
public housing agencies in administering the section 8 tenant-based
rental assistance program, of which up to $10,000,000 shall be
available to the Secretary to allocate to public housing agencies
that need additional funds to administer their section 8 programs:
Provided, That $1,240,000,000 of the amount 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.
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, the heading ``Annual
contributions for assisted housing'', the heading ``Tenant-based rental
assistance'', and the heading ``Project-based rental assistance'', for
fiscal year 2005 and prior years, $2,050,000,000 is rescinded, to be
effected by the Secretary no later than September 30, 2006: Provided,
That, if insufficient funds exist under these headings, the remaining
balance may be derived from any other heading under this title:
Provided further, That the Secretary shall notify the Committees on
Appropriations 30 days in advance of the rescission of any funds
derived from the headings specified above: Provided further, That any
such balances governed by 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) $4,939,700,000 for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-
based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act, for
renewal of section 8 contracts for units in projects that are
subject to approved plans of action under the 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) $1,400,000 shall be transferred to the Working Capital
Fund: Provided further, That amounts recaptured under this heading,
the heading ``Annual Contributions for Assisted Housing'', or the
heading ``Housing Certificate Fund'', for project-based section 8
activities may be used for renewals of or amendments to section 8
project-based subsidy contracts or for performance-based contract
administrators, notwithstanding the purposes for which such amounts
were appropriated.
(4) amounts recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading ``Housing
Certificate Fund'' may be used for renewals of or amendments to
section 8 project-based contracts, notwithstanding the purposes for
which such amounts were appropriated.
Public Housing Capital Fund
(including transfer of funds)
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the United States Housing Act of 1937, as amended
(42 U.S.C. 1437g) (the ``Act'') $2,463,600,000, to remain available
until September 30, 2009: Provided, That 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 $11,000,000 shall be transferred to
the Working Capital Fund: Provided further, That no funds may be used
under this heading for the purposes specified in section 9(k) of the
United States Housing Act of 1937, as amended: Provided further, That
of the total amount provided under this heading, up to $17,000,000
shall be available for the Secretary of Housing and Urban Development
to make grants, notwithstanding section 305 of this Act, to public
housing agencies for emergency capital needs resulting from unforeseen
or unpreventable emergencies and natural disasters occurring in fiscal
year 2006: Provided further, That of the total amount provided under
this heading, $38,000,000 shall be for supportive services, service
coordinators and congregate services as authorized by section 34 of the
Act and the Native American Housing Assistance and Self-Determination
Act of 1996: Provided further, That of the total amount provided under
this heading up to $8,820,000 is to support the costs of administrative
and judicial receiverships: Provided further, That of the total amount
provided under this heading, $7,500,000 shall be for Neighborhood
Networks grants for activities authorized in section 9(d)(1)(E) of the
United States Housing Act of 1937, as amended: Provided further, That
notwithstanding any other provision of law, amounts made available in
the previous proviso shall be awarded to public housing agencies on a
competitive basis: Provided further, That notwithstanding section
9(d)(1)(E) of the United States Housing Act of 1937, any Neighborhood
Networks computer center established with funding made available under
this heading in this or any other Act, shall be available for use by
residents of public housing and residents of other housing assisted
with funding made available under this title in this Act or any other
Act.
Public Housing Operating Fund
For 2006 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)),
$3,600,000,000: Provided, That, in fiscal year 2006 and all fiscal
years hereafter, no amounts under this heading in any appropriations
Act may be used for payments to public housing agencies for the costs
of operation and management of public housing for any year prior to the
current year of such Act: Provided further, That no funds may be used
under this heading for the purposes specified in section 9(k) of the
United States Housing Act of 1937, as amended.
Revitalization of Severely Distressed Public Housing (Hope VI)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States Housing
Act of 1937, as amended, $100,000,000, to remain available until
September 30, 2007, of which the Secretary may use up to $2,000,000 for
technical assistance and contract expertise, to be provided directly or
indirectly by grants, contracts or cooperative agreements, including
training and cost of necessary travel for participants in such
training, by or to officials and employees of the department and of
public housing agencies and to residents: Provided, That none of such
funds shall be used directly or indirectly by granting competitive
advantage in awards to settle litigation or pay judgments, unless
expressly permitted herein.
Native American Housing Block Grants
(including transfer of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$630,000,000, to remain available until expended: Provided, That,
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation
under title I of such Act for each Indian tribe, the Secretary shall
apply the formula under section 302 of such Act with the need component
based on single-race Census data and with the need component based on
multi-race Census data, and the amount of the allocation for each
Indian tribe shall be the greater of the two resulting allocation
amounts: Provided further, That of the amounts made available under
this heading, $1,000,000 shall be contracted through the Secretary as
technical assistance and capacity building to be used by the National
American Indian Housing Council in support of the implementation of
NAHASDA; $4,500,000 shall be to support the inspection of Indian
housing units, contract expertise, training, and technical assistance
in the training, oversight, and management of Indian housing and
tenant-based assistance, including up to $300,000 for related travel;
up to $4,000,000 may be used for emergencies that constitute imminent
threats to health and safety, notwithstanding any other provision of
law (including section 305 of this Act): Provided further, That of the
amount provided under this heading, $2,000,000 shall be made available
for the cost of guaranteed notes and other 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 third proviso, which
shall be transferred to and merged with the appropriation for
``Salaries and Expenses''.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing 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), $4,000,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, not to
exceed $116,276,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $250,000 from amounts in the first
paragraph which shall be transferred to and merged with the
appropriation for ``Salaries and Expenses''.
Native Hawaiian Housing Loan Guarantee Fund Program Account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), $900,000, to remain available until expended: Provided, That such
costs, including the costs of 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
$35,714,290.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the first
paragraph which shall be transferred to and merged with the
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.), $289,000,000, to remain available until September 30,
2007, except that amounts allocated pursuant to section 854(c)(3) of
such Act shall remain available until 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 $1,500,000 of the funds under
this heading for training, oversight, and technical assistance
activities.
Rural Housing and Economic Development
For the Office of Rural Housing and Economic Development in the
Department of Housing and Urban Development, $17,000,000, to remain
available until expended, which amount shall be competitively awarded
by September 1, 2006, to Indian tribes, State housing finance agencies,
State community and/or economic development agencies, local rural
nonprofits and community development corporations to support innovative
housing and economic development activities in rural areas.
Community Development Fund
(including transfer of funds)
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $4,220,000,000, to remain available until September 30,
2008, unless otherwise specified: Provided, That of the amount
provided, $3,748,400,000 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C.
5301 et seq.): Provided further, That unless explicitly provided for
under this heading (except for planning grants provided in the second
paragraph and amounts made available under the third paragraph), not to
exceed 20 percent of any grant made with funds appropriated under this
heading shall be expended for planning and management development and
administration: Provided further, That $1,600,000 shall be transferred
to the Working Capital Fund: Provided further, That $60,000,000 shall
be for grants to Indian tribes notwithstanding section 106(a)(1) of
such Act, of which, notwithstanding any other provision of law
(including section 305 of this Act), up to $4,000,000 may be used for
emergencies that constitute imminent threats to health and safety;
$50,000,000 shall be available for YouthBuild program activities
authorized by subtitle D of title IV of the Cranston-Gonzalez National
Affordable Housing Act, as amended, and such activities shall be an
eligible activity with respect to any funds made available under this
heading: Provided, That local YouthBuild programs that demonstrate an
ability to leverage private and nonprofit funding shall be given a
priority for YouthBuild funding: Provided further, That no more than
eight percent of any grant award under the YouthBuild program may be
used for administrative costs: Provided further, That of the amount
made available for YouthBuild not less than $4,000,000 is for grants to
establish YouthBuild programs in underserved and rural areas and
$1,000,000 is to be made available for a grant to YouthBuild USA for
capacity building for community development and affordable housing
activities as specified in section 4 of the HUD Demonstration Act of
1993, as amended.
Of the amount made available under this heading, $310,000,000 shall
be available for grants for the Economic Development 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: Provided further,
That, for fiscal years 2004, 2005 and 2006, no unobligated funds for
EDI grants may be used for any purpose except acquisition, planning,
design, purchase of equipment, revitalization, redevelopment or
construction.
Of the amount made available under this heading, $50,000,000 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can
be integrated more effectively with welfare reform initiatives:
Provided, That amounts made available under this paragraph shall be
provided in accordance with the terms and conditions specified in the
statement of managers accompanying this Act.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division G of Public Law
108-199 is deemed to be amended with respect to item number 181
striking ``Volusia County'' and inserting ``Lively Arts Center in
Volusia County''.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division G of Public Law
108-199 is deemed to be amended with respect to item number 216 by
striking ``for construction'' and inserting ``for planning, design, and
engineering''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
369 by striking ``for the construction of HomeAid America temporary
homeless shelters in Costa Mesa, California'' and inserting ``for the
construction of shelters for the temporarily homeless in New York City,
New York''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
502 by striking ``for acquisition of'' and inserting ``for renovations
of''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
405 by striking ``Willington Senior Center'' and inserting ``buildings
and facilities associated with the Willington Senior Housing Center''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
674 by striking ``City of Big Island, Virginia for the Sedalia Center
restoration'' and inserting ``to restore the Sedalia Center in Bedford
County, Virginia''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
469 by striking ``to the City of Havana, Illinois'' and inserting
``Havana, Illinois, Rural Fire District''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
554 by striking ``$250,000 to the Town of Monroe, New York for
construction of the Monroe Free Library'' and inserting ``$150,000 for
the Town of Lewisboro, New York for infrastructure improvements for the
Onatru Farm Community Center and $100,000 for the Town of Poughkeepsie,
New York for streetscape and related improvements in the Arlington
Business District''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
445 by striking ``City of St. Petersburg, Florida'' and inserting
``Catholic Charities, Diocese of St. Petersburg, Florida''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
103 for the Mission Preservation Foundation in San Juan Capistrano,
California by striking ``for the Great Stone Church restoration
project'' and inserting ``to construct and install environment controls
and security measures''.
The referenced statement of the managers under this heading in
division A of the Emergency Appropriations Act for Defense, Global War
on Terror, and Tsunami Relief, 2005 (Public Law 109-13) is amended--
(1) in section 6070 (119 Stat. 299), by striking paragraph (1);
and
(2) in section 6071 (119 Stat. 299), by striking paragraph (1).
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division I of Public Law
108-447 is deemed to be amended with respect to item number 83 by
striking ``construction'' and inserting ``planning, design,
engineering, and construction''.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division G of Public Law
108-199 is deemed to be amended with respect to item number 216 by
striking ``for construction'' and inserting ``for planning, design, and
engineering''.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division I of Public Law
108-447 is deemed to be amended with respect to item 9 by striking
``for costs associated with the construction'' and inserting ``to be
used for the planning and design''.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division I of Public Law
108-447 is deemed to be amended with respect to item 260 by adding
before the period ``including $120,000 for property renovation at 754
Broad Street for the Family Center emergency shelter for families and
children''.
The referenced statement of the managers accompanying Public Law
106-74 is deemed to be amended by inserting on page 113 ``, of which
$47,500 may be used for physical improvements at the South Providence
Development Corporation business incubator facility or CleanScape,
including associated project management costs'' after ``$100,000 for
the South Providence Development Corporation in Providence, Rhode
Island for a child care facility''.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division I of Public Law
108-447 is deemed to be amended with respect to item number 30 by
striking ``City of San Francisco'' and inserting ``San Francisco Museum
and Historical Society''.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division G of Public Law
108-199 is deemed to be amended with respect to item number 122 by
striking ``City of San Francisco'' and inserting ``San Francisco Museum
and Historical Society''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
855 by striking ``the Skagit County Children's Museum in Mount Vernon,
Washington for facilities improvements and renovation'' and inserting
``the Children's Museum of Skagit County in Mount Vernon, Washington to
purchase and renovate a building''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
1027 by striking ``planning and design'' and inserting ``planning,
design, construction and buildout''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
946 by striking ``capital'' and inserting ``planning, design,
engineering, and construction''.
The referenced statement of the managers under this heading in
Public Law 108-447 is deemed to be amended with respect to item number
731 by striking ``rehabilitation and buildout'' and inserting
``planning, evaluation, design, engineering and construction''.
Community Development Loan Guarantees Program Account
(including transfer of funds)
For the cost of guaranteed loans, $3,000,000, to remain available
until September 30, 2007, as authorized by section 108 of the Housing
and Community Development Act of 1974, as amended: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to exceed
$137,500,000, notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing and Community
Development Act of 1974, as amended.
In addition, for administrative expenses to carry out the
guaranteed loan program, $750,000 shall be transferred to and merged
with the appropriation for ``Salaries and expenses''.
Brownfields Redevelopment
(including rescission of funds)
For competitive economic development grants, as authorized by
section 108(q) of the Housing and Community Development Act of 1974, as
amended, for Brownfields redevelopment projects, $10,000,000, to remain
available until September 30, 2007: Provided, That $10,000,000 shall be
rescinded from unobligated balances from prior years appropriations
under this heading and, to the extent there are insufficient balances,
any additional rescission amounts shall be rescinded from funds
appropriated under this heading for fiscal year 2006.
HOME Investment Partnerships Program
(including transfer of funds)
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,750,000,000, to remain available until September 30, 2008:
Provided, That of the total amount provided in this paragraph, up to
$42,000,000 shall be available for housing counseling under section 106
of the Housing and Urban 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,
$25,000,000, to remain available until September 30, 2008, for
assistance to homebuyers as authorized under title I of the American
Dream Downpayment Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
$61,000,000, to remain available until September 30, 2008: Provided,
That of the total amount provided in this heading $20,000,000 shall be
made available to the Self Help Homeownership Opportunity Program as
authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended: Provided further, That $30,000,000
shall be made available for capacity building, of which $26,500,000
shall be for capacity building for Community Development and affordable
Housing for LISC and the Enterprise Foundation for activities
authorized by section 4 of the HUD Demonstration Act of 1993 (42 U.S.C.
9816 note), as in effect immediately before June 12, 1997, and
$3,500,000 shall be made available for capacity building activities
administered by Habitat for Humanity International: Provided further,
That $3,000,000 shall be made available to the Housing Assistance
Council; $1,000,000 shall be made available to the National American
Indian Housing Council; $4,000,000 shall be available as a grant to the
Raza Development Fund of La Raza for the HOPE Fund, of which $500,000
is for technical assistance and fund management, and $3,500,000 is for
investments in the HOPE Fund and financing to affiliated organizations;
$2,000,000 shall be available as a grant to the National Housing
Development Corporation for operating expenses and a program of
affordable housing acquisition and rehabilitation; and $1,000,000 shall
be made available to the Special Olympics National Organizing Committee
for planning, equipment and operational expenses associated with the
2006 games in Ames, Iowa.
Homeless Assistance Grants
(including transfer of funds)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the supportive housing program as authorized under subtitle
C of title IV of such Act; the section 8 moderate rehabilitation single
room occupancy program as authorized under the United States Housing
Act of 1937, as amended, to assist homeless individuals pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act; and the
shelter plus care program as authorized under subtitle F of title IV of
such Act, $1,340,000,000, of which $1,320,000,000 shall remain
available until September 30, 2008, and of which $20,000,000 shall
remain 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 shall 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, $742,000,000, to
remain available until September 30, 2009, of which amount $51,600,000
shall be for service coordinators and the continuation of existing
congregate service grants for residents of assisted housing projects,
and of which amount up to $24,800,000 shall be for grants under section
202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of
eligible projects under such section to assisted living or related use
and for emergency capital repairs as determined by the Secretary:
Provided, That of the amount made available under this heading,
$4,000,000 shall be made available to carry out section 203 of Public
Law 108-186: Provided further, That of the amount made available under
this heading, $20,000,000 shall be available to the Secretary of
Housing and Urban Development only for making competitive grants to
private nonprofit organizations and consumer cooperatives for covering
costs of architectural and engineering work, site control, and other
planning relating to the development of supportive housing for the
elderly that is eligible for assistance under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts
under this heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
202 capital advance projects: Provided further, That $400,000 of the
total amount made available under this heading shall be transferred to
the Working Capital Fund: Provided further, That the Secretary may
waive the provisions of section 202 governing the terms and conditions
of project rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration.
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, $239,000,000 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: Provided, That amendments to such contracts hereafter may be
for a period less than the term of the respective contracts.
Flexible Subsidy Fund
(transfer of funds)
From the Rental Housing Assistance Fund, all uncommitted balances
of excess rental charges as of September 30, 2005, and any collections
made during fiscal year 2006 and all subsequent fiscal years, shall be
transferred to the Flexible Subsidy Fund, as authorized by section
236(g) of the National Housing Act, as amended.
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 $13,000,000, to remain available until
expended, to be derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated under this
heading shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this heading
from the general fund shall be reduced as such collections are received
during fiscal year 2006 so as to result in a final fiscal year 2006
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, $56,350,000, 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 the Office of Housing shall
administer PATH: Provided further, That of funds made available under
this heading, $750,000 shall be transferred to the National Research
Council for a study in accordance with the statement of the managers
accompanying this Act: Provided further, That of the funds made
available under this heading, $20,600,000 is for grants pursuant to
section 107 of the Housing and Community Development Act of 1974, as
amended, as follows: $3,000,000 to support Alaska Native serving
institutions and Native Hawaiian serving institutions as defined under
the Higher Education Act, as amended; $2,600,000 for tribal colleges
and universities to build, expand, renovate, and equip their facilities
and to expand the role of the colleges into the community through the
provision of needed services such as health programs, job training and
economic development activities; $9,000,000 for the Historically Black
Colleges and Universities program, of which up to $2,000,000 may be
used for technical assistance; and $6,000,000 for the Hispanic Serving
Institutions Program.
Fair Housing and Equal Opportunity
Fair Housing Activities
For contracts, grants, and other assistance, not otherwise 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,
$46,000,000, to remain available until September 30, 2007, of which
$20,000,000 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,
$152,000,000, to remain available until September 30, 2007, of which
$9,500,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970
that shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of law that further the purposes of such Act, a grant under
the Healthy Homes 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: Provided further, That of the total amount made available
under this heading, $48,000,000 shall be made available on a
competitive basis for areas with the highest lead paint abatement
needs, as identified by the Secretary as having: (1) the highest number
of occupied pre-1940 units of rental housing; and (2) a
disproportionately high number of documented cases of lead-poisoned
children: Provided further, That each grantee receiving funds under the
previous proviso shall target those privately owned units and
multifamily buildings that are occupied by low-income families as
defined under section 3(b)(2) of the United States Housing Act of 1937:
Provided further, That not less than 90 percent of the funds made
available under this paragraph shall be used exclusively for abatement,
inspections, risk assessments, temporary relocations and interim
control of lead-based hazards as defined by 42 U.S.C. 4851: Provided
further, That each recipient of funds provided under the first proviso
shall make a matching contribution in an amount not less than 25
percent: Provided further, That each applicant shall submit a detailed
plan and strategy that demonstrates adequate capacity that is
acceptable to the Secretary to carry out the proposed use of funds
pursuant to a Notice of Funding Availability.
Management and Administration
Salaries and Expenses
(including transfer of funds)
For necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not 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, $1,153,285,000, of
which $562,400,000 shall be provided from the various funds of the
Federal Housing Administration, $10,700,000 shall be provided from
funds of the Government National Mortgage Association, $750,000 shall
be from the ``community development loan guarantee program'' account,
$150,000 shall be provided by transfer from the ``Native American
housing block grants'' account, $250,000 shall be provided by transfer
from the ``Indian housing loan guarantee fund program'' account and
$35,000 shall be 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
statement of the managers accompanying this Act unless the Committees
on Appropriations of both the House of Representatives and the Senate
are notified of any changes in an operating plan or 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: Provided further, That the Secretary shall fill 7 out of
10 vacancies at the GS-14 and GS-15 levels until the total number of
GS-14 and GS-15 positions in the Department has been reduced from the
number of GS-14 and GS-15 positions on the date of enactment of Public
Law 106-377 by 2\1/2\ percent.
Working Capital Fund
For additional capital for the Working Capital Fund (42 U.S.C.
3535) for the development of, modifications to, and infrastructure for
Department-wide information technology systems, for the continuing
operation of both Department-wide and program-specific information
systems, and for program-related development activities, $197,000,000,
to remain available until September 30, 2007: Provided, That any
amounts transferred to this Fund under this Act shall remain available
until expended: Provided further, That any amounts transferred to this
Fund from amounts appropriated by previously enacted appropriations
Acts or from within this Act may be used only for the purposes
specified under this Fund, in addition to the purposes for which such
amounts were appropriated.
Office of Inspector General
(including transfers of funds)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$106,000,000, of which $24,000,000 shall be provided from the various
funds of the Federal Housing Administration: Provided, That the
Inspector General shall have independent authority over all personnel
issues within this office.
Office of Federal Housing Enterprise Oversight
Salaries and Expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992, including not to exceed $500 for official
reception and representation expenses, $60,000,000, to remain available
until expended, to be derived from the Federal Housing Enterprises
Oversight Fund: Provided, That the Director shall submit a spending
plan for the amounts provided under this heading no later than January
15, 2006: Provided further, That not less than 80 percent of the total
amount made available under this heading shall be used only for
examination, supervision, and capital oversight of the enterprises (as
such term is defined in section 1303 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure
that the enterprises are operating in a financially safe and sound
manner and complying with the capital requirements under Subtitle B of
such Act: Provided further, That not to exceed the amount 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 of Housing and Urban Development, the
Secretary shall maintain any rental assistance payments under section 8
of the United States Housing Act of 1937 that are attached to any
dwelling units in the property. To the extent the Secretary determines
that such a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such section 8,
based on consideration of the costs of maintaining such payments for
that property or other factors, the Secretary may, in consultation with
the tenants of that property, contract for project-based rental
assistance 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 2007 congressional budget
justifications to the Committees on Appropriations of the House of
Representatives and the Senate using the identical structure provided
under this Act and only in accordance with the direction specified in
the report accompanying this Act.
Sec. 316. That incremental vouchers previously made available under
the heading ``Housing Certificate Fund'' or renewed under the heading,
``Tenant-Based Rental Assistance,'' for non-elderly 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. (a) Notwithstanding any other provision of law, subject
to the conditions listed in subsection (b), for fiscal years 2006 and
2007, the Secretary may authorize the transfer of project-based
assistance, debt and statutorily required low-income and very low-
income use restrictions, associated with one multifamily housing
project to another multifamily housing project.
(b) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) the number of low-income and very low-income units and the
net dollar amount of Federal assistance provided by the
transferring project shall remain the same in the receiving
project;
(2) the transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable;
(3) the receiving project shall meet or exceed applicable
physical standards established by the Secretary;
(4) the owner or mortgagor of the transferring project shall
notify and consult with the tenants residing in the transferring
project and provide a certification of approval by all appropriate
local governmental officials;
(5) the tenants of the transferring project who remain eligible
for assistance to be provided by the receiving project shall not be
required to vacate their units in the transferring project until
new units in the receiving project are available for occupancy;
(6) the Secretary determines that this transfer is in the best
interest of the tenants;
(7) if either the transferring project or the receiving project
meets the condition specified in subsection (c)(2)(A), any lien on
the receiving project resulting from additional financing obtained
by the owner shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary;
(8) if the transferring project meets the requirements of
subsection (c)(2)(E), the owner or mortgagor of the receiving
project shall execute and record either a continuation of the
existing use agreement or a new use agreement for the project
where, in either case, any use restrictions in such agreement are
of no lesser duration than the existing use restrictions;
(9) any financial risk to the FHA General and Special Risk
Insurance Fund, as determined by the Secretary, would be reduced as
a result of a transfer completed under this section; and
(10) the Secretary determines that Federal liability with
regard to this project will not be increased.
(c) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall have
the meanings provided by the statute and/or regulations governing
the program under which the project is insured or assisted;
(2) the term ``multifamily housing project'' means housing that
meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 as amended by section 801 of the Cranston-
Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable Housing
Act; or
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately before
October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) additional assistance payments under section 236(f)(2)
of the National Housing Act; and,
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959;
(4) the term ``receiving project'' means the multifamily
housing project to which the project-based assistance, debt, and
statutorily required use low-income and very low-income
restrictions are to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring the project-based assistance,
debt and the statutorily required low-income and very low-income
use restrictions to the receiving project; and,
(6) the term ``Secretary'' means the Secretary of Housing and
Urban Development.
Sec. 319. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title III of this
Act shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 320. (a) Extension.--The Secretary of Housing and Urban
Development shall extend the term of the Moving to Work Demonstration
Agreement entered into between a public housing agency and the
Secretary under section 204, title V, of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104-134, April
26, 1996) if--
(1) the public housing agency requests such extension in
writing;
(2) the public housing agency is not at the time of such
request for extension in default under its Moving to Work
Demonstration Agreement; and
(3) the Moving to Work Demonstration Agreement to be extended
would otherwise expire on or before September 30, 2006.
(b) Terms.--Unless the Secretary of Housing and Urban Development
and the public housing agency otherwise agree, the extension under
subsection (a) shall be upon the identical terms and conditions set
forth in the extending agency's existing Moving to Work Demonstration
Agreement, except that for each public housing agency that has been or
will be granted an extension to its original Moving to Work Agreement,
the Secretary shall require that data be collected so that the effect
of Moving to Work policy changes on residents can be measured.
(c) Extension Period.--The extension under subsection (a) shall be
for such period as is requested by the public housing agency, not to
exceed 3 years from the date of expiration of the extending agency's
existing Moving to Work Demonstration Agreement.
(d) Breach of Agreement.--Nothing contained in this section shall
limit the authority of the Secretary of Housing and Urban Development
to terminate any Moving to Work Demonstration Agreement of a public
housing agency if the public housing agency is in breach of the
provisions of such agreement.
Sec. 321. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 322. Incremental vouchers previously made available under the
heading, ``Housing Certificate Fund'' or renewed under the heading,
``Tenant-Based Rental Assistance'', for family unification shall, to
the extent practicable, continue to be provided for family unification.
Sec. 323. Section 223(f)(1) of the National Housing Act is amended
by inserting ``purchase or'' immediately before ``refinancing of
existing debt''.
Sec. 324. Section 421 of the Housing and Community Development Act
of 1987 (12 U.S.C. Sec. 1715z-4a) is amended--
(1) in subsection (a)(1)(A), by inserting after ``is'' the
following: ``or, at the time of the violations, was''; and
(2) in subsection (a)(1)(C), by inserting after ``held'' the
following: ``or, at the time of the violations, was insured or
held''.
Sec. 325. Notwithstanding any other provision of law, for fiscal
year 2006 and thereafter, all mortgagees receiving interest 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. 326. Notwithstanding any other provision of law, the recipient
of a grant under section 202b of the Housing Act of 1959 (12 U.S.C.
1701q-2) after December 26, 2000, in accordance with the unnumbered
paragraph at the end of section 202b(b) of such Act, may, at its
option, establish a single-asset nonprofit entity to own the project
and may lend the grant funds to such entity, which may be a private
nonprofit organization described in section 831 of the American
Homeownership and Economic Opportunity Act of 2000.
Sec. 327. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child; and
(6) is not otherwise individually eligible, or has parents who,
individually or jointly, are not eligible, to receive assistance
under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition) that an individual receives under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources,
or an institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to
that individual, except for a person over the age of 23 with dependent
children.
(c) Not later than 30 days after the date of enactment of this Act,
the Secretary of Housing and Urban Development shall issue final
regulations to carry out the provisions of this section.
Sec. 328. The Secretary of Housing and Urban Development shall give
priority consideration to applications from the housing authorities of
the Counties of San Bernardino and Santa Clara and the City of San
Jose, California to participate in the Moving to Work Demonstration
Agreement under section 204, title V, of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104-134, April
26, 1996): Provided, That upon turnover, existing requirements on the
re-issuance of Section 8 vouchers shall be maintained to ensure that
not less than 75 percent of all vouchers shall be made available to
extremely low-income families.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2006''.
TITLE IV
THE JUDICIARY
Supreme Court of the United States
Salaries and Expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $60,730,000,
of which $2,000,000 shall remain 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, $24,000,000.
United States Court of International Trade
Salaries and Expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services, and necessary expenses
of the court, as authorized by law, $15,480,000.
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.
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 (Public Law 99-660), 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 (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, $717,000,000, 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)), $61,318,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
Court Security
(including transfers of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses
and other facilities housing Federal court operations, and the
procurement, installation, and maintenance of security systems and
equipment for United States courthouses and other facilities housing
Federal court operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols, perimeter
security, basic security services provided by the Federal Protective
Service, and other similar activities as authorized by section 1010 of
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $372,000,000, of which not to exceed $15,000,000 shall remain
available until expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible for
administering the Judicial Facility Security Program consistent with
standards or guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General, and of
which not to exceed $65,500,000 shall remain available until expended,
to be expended directly or transferred to the United States Federal
Protective Service for costs associated with building security.
Administrative Office of the United States Courts
Salaries and Expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $70,262,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses and of which up to
$1,000,000 shall be made available to the National Academy of Public
Administration for a review of the financial and management procedures
of the Federal Judiciary.
Federal Judicial Center
Salaries and Expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $22,350,000; of which $1,800,000 shall
remain available through September 30, 2007, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and 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, $14,400,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
Sec. 401. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such 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 sections 705 and 710 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Sec. 403. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 404. Within 90 days of enactment of this Act, the
Administrative Office of the U.S. Courts shall submit to the Committees
on Appropriations a comprehensive financial plan for the Judiciary
allocating all sources of available funds including appropriations, fee
collections, and carryover balances, to include a separate and detailed
plan for the Judiciary Information Technology fund.
Sec. 405. Pursuant to section 140 of Public Law 97-92, and from
funds appropriated in this Act, Justices and judges of the United
States are authorized during fiscal year 2006, to receive a salary
adjustment in accordance with 28 U.S.C. 461.
Sec. 406. The existing judgeship for the eastern district of
Missouri authorized by section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101-650, 104 Stat. 5089) as amended by Public Law
105-53, as of the effective date of this Act, shall be extended. The
first vacancy in the office of district judge in this district
occurring 20 years or more after the confirmation date of the judge
named to fill the temporary judgeship created by section 203(c) shall
not be filled.
Sec. 407. (a) Section 604 of title 28, United States Code, is
amended by adding section (4) at the end of section ``(g)'':
``(4) The Director is hereby authorized:
``(A) to enter into contracts for the acquisition of
severable services for a period that begins in one fiscal year
and ends in the next fiscal year to the same extent as the head
of an executive agency under the authority of section 253l of
title 41, United States Code;
``(B) to enter into contracts for multiple years for the
acquisition of property and services to the same extent as
executive agencies under the authority of section 254c of title
41, United States Code; and
``(C) to make advance, partial, progress or other payments
under contracts for property or services to the same extent as
executive agencies under the authority of section 255 of title
41, United States Code.''.
(b) Section 612 of title 28, United States Code, is amended by
striking the current language in section (e)(2)(B) and inserting ``such
contract is in accordance with the Director's authority in section
604(g) of 28 U.S.C.; and,''.
(c) The authorities granted in this section shall expire on
September 30, 2010.
Sec. 408. (a) The division of the court shall release to the
Congress and to the public not later than 60 days after the date of
enactment of this Act all portions of the final report of the
independent counsel of the investigation of Henry Cisneros made under
section 594(h) of title 28, United States Code. The division of the
court shall make such orders as are appropriate to protect the rights
of any individual named in such report and to prevent undue
interference with any pending prosecution. Upon the release of the
final report, the final report shall be published pursuant to section
594(h)(3) of title 28, United States Code.
(b)(1) After the release and publication of the final report
referred to in subsection (a), the independent counsel shall continue
his office only to the extent necessary and appropriate to perform the
noninvestigative and nonprosecutorial tasks remaining of his statutory
duties as required to conclude the functions of his office.
(2) The duties referred to in paragraph (1) shall specifically
include--
(A) the evaluation of claims for attorney fees, pursuant to
section 593(l) of title 28, United States Code;
(B) the transfer of records to the Archivist of the United
States pursuant to section 594(k) of title 28, United States Code;
(C) compliance with oversight obligations pursuant to section
595(a) of title 28, United States Code; and
(D) preparation of statements of expenditures pursuant to
section 595(c) of title 28, United States Code.
(c)(1) The independent counsel shall have not more than 90 days
after the release and publication of the final report referred to in
subsection (a) to complete his remaining statutory duties unless the
division of the court determines that it is necessary for the
independent counsel to have additional time to complete his remaining
statutory duties.
(2) If the division of the court finds that the independent counsel
needs additional time under paragraph (1), the division of the court
shall issue a public report stating the grounds for the extension and a
proposed date for completion of all aspects of the investigation of
Henry Cisneros and termination of the office of the independent
counsel.
This title may be cited as the ``Judiciary Appropriations Act,
2006''.
TITLE V
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense 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, 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 statement of the managers except as otherwise provided by
law: Provided further, That none of the funds appropriated in this Act
for the Office of Management and Budget may be used for the purpose of
reviewing any agricultural marketing orders or any activities or
regulations under the provisions of the Agricultural Marketing
Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That
none of the funds made available for the Office of Management and
Budget by this Act may be expended for the altering of the transcript
of actual testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further, That the
preceding shall not apply to printed hearings released by the
Committees on Appropriations: Provided further, That none of the funds
provided in this or prior Acts shall be used, directly or indirectly,
by the Office of Management and Budget, for evaluating or determining
if water resource project or study reports submitted by the Chief of
Engineers acting through the Secretary of the Army are in compliance
with all applicable laws, regulations, and requirements relevant to the
Civil Works water resource planning process: Provided further, That the
Office of Management and Budget shall have not more than 60 days in
which to perform budgetary policy reviews of water resource matters on
which the Chief of Engineers has reported. The Director of the Office
of Management and Budget shall notify the appropriate authorizing and
Appropriations Committees when the 60-day review is initiated. If water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days of the end of
the OMB review period based on the notification from the Director,
Congress shall assume OMB concurrence with the report and act
accordingly.
Office of National Drug Control Policy
Salaries and Expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.);
not to exceed $10,000 for official reception and 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
$14,000,000 for counternarcotics research and development projects, of
which up to $1,000,000 is to be directed to supply reduction
activities, and $16,000,000 for the continued operation of the
technology transfer program: Provided, That the $14,000,000 for
counternarcotics research and development projects shall be available
for transfer to other Federal departments or agencies.
Federal Drug Control Programs
High Intensity Drug Trafficking Areas Program
(including transfer of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $227,000,000
for drug control activities consistent with the approved strategy for
each of the designated High Intensity Drug Trafficking Areas, of which
no less than 51 percent shall be transferred to State and local
entities for drug control activities, which shall be obligated within
120 days of the date of the enactment of this Act: Provided, That up to
49 percent, to remain available until September 30, 2007, may be
transferred to Federal agencies and departments at a rate to be
determined by the Director, of which not less than $2,000,000 shall be
used for auditing services and associated activities, and at least
$500,000 of the $2,000,000 shall be used to develop and implement a
data collection system to measure the performance of the High Intensity
Drug Trafficking 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 none of the
funds made available under this heading shall be available for the
Consolidated Priority Organization Target program.
Other Federal Drug Control Programs
(including transfer of funds)
For activities to support a national anti-drug campaign for youth,
and for other purposes, authorized by the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
$194,900,000, to remain available until expended, of which the amounts
are available as follows: $100,000,000 to support a national media
campaign, as authorized by the Drug-Free Media Campaign Act of 1998:
Provided, That the Office of National Drug Control Policy shall
maintain funding for non-advertising services for the media campaign at
no less than the fiscal year 2003 ratio of service funding to total
funds and shall continue the corporate outreach program as it operated
prior to its cancellation; $80,000,000 to continue a program of
matching grants to drug-free communities, of which $2,000,000 shall be
a directed grant to the Community Anti-Drug Coalitions of America for
the National Community Anti-Drug Coalition Institute, as authorized in
chapter 2 of the National Narcotics Leadership Act of 1988, as amended;
$1,000,000 for the National Drug Court Institute; $1,000,000 for the
National Alliance for Model State Drug Laws; $8,500,000 for the United
States Anti-Doping Agency for anti-doping activities; $2,900,000 for
the United States membership dues to the World Anti-Doping Agency; and
$1,500,000 for evaluations and research related to National Drug
Control Program performance measures: Provided further, That such funds
may be transferred to other Federal departments and agencies to carry
out such activities: Provided further, That of the amounts appropriated
for a national media campaign, not to exceed 10 percent shall be for
administration, advertising production, research and testing, labor and
related costs of the national media campaign.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, 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.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2006''.
TITLE VI
INDEPENDENT AGENCIES
Architectural and Transportation Barriers Compliance Board
Salaries and Expenses
For expenses necessary for the Architectural and 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, $63,000,000 of which up
to $500,000 shall be used to coordinate with the Administrator of the
Environmental Protection Agency in the Agency's study pursuant to H.R.
2361, as passed by the Senate in the first session of the 109th
Congress, to assess safety risks to both persons and the environment
with regard to small engines, as required in Public Law 108-199,
including real-world scenarios involving, among other things, operator
burn, fire due to contact with flammable items, and refueling.
Election Assistance Commission
Salaries and Expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002, $14,200,000, of which $2,800,000 shall be transferred to the
National Institute of Standards and Technology for election reform
activities authorized under the Help America Vote Act of 2002.
Federal Deposit Insurance Corporation
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $31,000,000, to be derived from the Bank Insurance Fund, the
Savings Association Insurance Fund, and the FSLIC Resolution Fund.
Federal Election Commission
Salaries and Expenses
For necessary expenses to carry out the provisions of the 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
$7,752,745,000, of which: (1) $792,056,000 shall remain available until
expended for construction (including funds for sites and expenses and
associated design and construction services) of additional projects at
the following locations:
New Construction:
Alabama:
Tuscaloosa, Federal Building, $34,500,000.
California:
San Diego, United States Courthouse, $230,803,000.
Colorado:
Lakewood, Denver Federal Center Infrastructure,
$4,658,000.
District of Columbia:
Coast Guard Consolidation, $24,900,000.
St. Elizabeths West Campus Infrastructure, $13,095,000.
Southeast Federal Center Site Remediation, $15,000,000.
Illinois:
Rockford Federal Courthouse, $34,500,000.
Maine:
Calais, Border Station, $50,146,000.
Jackman, Border Station, $12,788,000.
Maryland:
Montgomery County, Food and Drug Administration
Consolidation, $127,600,000.
Mississippi:
Jackson, United States Courthouse, $8,750,000.
Missouri:
Jefferson City, United States Courthouse, $5,200,000.
New York:
Champlain, Border Station, $52,510,000.
Massena, Border Station, $49,783,000.
Texas:
Austin, United States Courthouse, $3,000,000.
Washington:
Blaine, Peace Arch Border Station, $46,534,000.
Material Price Increases for the following existing projects:
U.S. Mission to the United Nations, New York City, New York; FBI
Office, Houston, Texas; Border Station, Del Rio, Texas; United
States Courthouse, Cape Girardeau, Missouri; United States
Courthouse, El Paso, Texas; Border Station, El Paso, Texas; and
United States Courthouse, Las Cruces, New Mexico, $66,789,000.
Non-prospectus Construction, $9,500,000:
Provided, That each of the foregoing limits of costs on new
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) $861,376,000 shall remain available until expended for
repairs and alterations, which includes associated design and
construction services:
Repairs and Alterations:
Arizona:
Tucson, James A. Walsh United States Courthouse,
$16,136,000.
District of Columbia:
For transfer to the Navy for certain permanent
relocation expenses pursuant to section 1(e) of Public Law
108-268, $2,000,000.
Eisenhower Executive Office Building, $33,417,000.
Federal Office Building 8, $47,769,000.
Heating, Operation, and Transmission District Repair,
$18,783,000.
Herbert C. Hoover Building, $54,491,000.
Main Interior Federal Building, $41,399,000.
Georgia:
Atlanta, Martin Luther King, Jr., Federal Building,
$30,129,000.
New York:
Brooklyn, Emanuel Celler Courthouse, $96,924,000.
New York City, James Watson Federal Building and United
States Courthouse, $9,721,000.
Special Emphasis Programs:
Chlorofluorocarbons Program, $10,000,000.
Energy Program, $28,000,000.
Glass Fragmentation Program, $15,700,000.
Design Program, $21,915,000.
Basic Repairs and Alterations, $434,992,000:
Provided further, That funds made available in this or any previous Act
in the Federal Buildings Fund for Repairs and Alterations shall, for
prospectus projects, be limited to the amount identified for each
project, except each project in this or any previous Act may be
increased by an amount not to exceed 10 percent unless advance approval
is obtained from the Committees on 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 for rental of space which shall
remain available until expended; and (5) $1,885,102,000 for building
operations which shall remain available until expended: Provided
further, That funds available to the General Services Administration
shall not be available for expenses of any construction, repair,
alteration and acquisition project for which a prospectus, if required
by the Public Buildings Act of 1959, as amended, has not been approved,
except that 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,
notwithstanding any other provision of law, the Administrator of the
General Services Administration is authorized and directed to proceed
with site, design, acquisition, and construction for a new courthouse
in Jefferson City, Missouri, of which planning and design funding is
provided in this Act: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under section
210(f)(6) of the Federal Property and Administrative Services Act of
1949, as amended (40 U.S.C. 592(b)(2)) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or control as may
be 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.
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, $15,000,000, 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
(including transfers of funds)
Sec. 601. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 602. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 603. Funds in the Federal Buildings Fund made available for
fiscal year 2006 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations.
Sec. 604. Except as otherwise provided in this title, no funds made
available by this Act shall be used to transmit a fiscal year 2007
request for United States Courthouse construction that: (1) does not
meet the design guide standards for construction as 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. 605. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service 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. 606. 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. 607. The General Services Administration shall conduct a
program to promote the use of stairs in all Federal buildings.
Sec. 608. No funds shall be used by the General Services
Administration to reorganize its organizational structure without
approval by the House and Senate Committees on Appropriations through
an operating plan change.
Sec. 609. In the case of any General Services Administration (GSA)
project subject to its published design criteria or specifications of
any solicitations for offers issued for construction of a Federal
building or courthouse and to the extent GSA utilizes, references or
relies on any sustainable building rating systems that award credit for
certified wood products, GSA shall ensure credit under its procedures
and requirements to any project that uses wood or wood products
certified by a credible third party sustainable forest certification
program, including the Sustainable Forestry Initiative and the Forest
Stewardship Council: Provided, That not later than 60 days after
enactment of this Act, the Administrator shall report to the relevant
congressional committees of jurisdiction on the progress and next steps
toward recognition of other credible sustainable building rating
systems within the GSA sustainable building procurement process.
Sec. 610. For purposes of the eTravel system, no less than 23
percent of all subcontracted dollars shall be allocated to small
businesses.
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, $283,045,000: 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, $2,000,000 shall
be for initial move of records, staffing, and operations of the Nixon
Library.
Electronic Records Archives
For necessary expenses in connection with the development of the
electronic records archives, to include all direct project costs
associated with research, analysis, design, development, and program
management, $37,914,000, of which $22,000,000 shall remain available
until September 30, 2008: Provided, That none of the multi-year funds
may be obligated until the National Archives and Records Administration
submits to the Committees on 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
National Archives and Records Administration's enterprise architecture;
(3) conforms with the National Archives and Records Administration's
enterprise life cycle methodology; (4) is approved by the National
Archives and Records Administration and the Office of Management and
Budget; (5) has been reviewed by the Government Accountability Office;
and (6) complies with the acquisition rules, requirements, guidelines,
and systems acquisition management practices of the Federal Government.
Repairs and Restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $9,682,000, to remain
available until expended, of which $1,500,000 is to construct a new
regional archives and records facility in Anchorage, Alaska, and of
which $1,000,000 is for the repair and restoration of the plaza that
surrounds the Lyndon Baines Johnson Presidential Library that is under
the joint control and custody of the University of Texas: Provided,
That such funds may be transferred directly to the University and used,
together with University funds, for repair and restoration of the plaza
and remain available until expended for this purpose: Provided further,
That such funds shall be spent in accordance with the construction plan
submitted to the Committees on Appropriations on March 14, 2005:
Provided further, That the Archivist shall be prohibited from entering
into any agreement with the University or any other party that requires
additional funding commitments on behalf of the Federal Government.
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
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, of
which $5,000,000 shall be for a multi-family rental housing program.
Office of Government Ethics
Salaries and Expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, as
amended, and the Ethics Reform Act of 1989, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor 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, $122,521,000,
of which $6,983,000 shall remain available until expended for the
Enterprise Human Resources Integration project; $1,450,000 shall remain
available until expended for the Human Resources Line of Business
project; $500,000 shall remain available until expended for the E-
Training project; and $1,412,000 shall remain available until expended
until September 30, 2007 for the E-Payroll project; and in addition
$100,017,000 for administrative expenses, to be transferred from the
appropriate trust funds of the Office of 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, $2,071,000, and in addition, not to exceed $16,329,000
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;
$25,000,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be necessary
in the interest of national defense: Provided further, That none of the
funds appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the United
States.
United States Interagency Council on Homelessness
Operating Expenses
For necessary expenses (including payment of salaries, 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,
$1,800,000.
Title II of the McKinney-Vento Homeless Assistance Act, as amended,
is amended in section 209 by striking ``2005'' and inserting ``2006''.
United States Postal Service
Payment to the Postal Service Fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $116,350,000, of which
$73,000,000 shall not be available for obligation until October 1,
2006: Provided, That mail for overseas voting and mail for the blind
shall continue to be free: Provided further, That 6-day delivery and
rural delivery of mail shall continue at not less than the 1983 level:
Provided further, That none of the funds made available to the Postal
Service by this Act shall be used to implement any rule, regulation, or
policy of charging any officer or employee of any State or local child
support enforcement agency, or any individual participating in a State
or local program of child support enforcement, a fee for information
requested or provided concerning an address of a postal customer:
Provided further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post offices
in fiscal year 2006.
United States Tax Court
Salaries and Expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $47,998,000: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VII
GENERAL PROVISIONS THIS ACT
(including transfers of funds)
Sec. 701. Such sums as may be necessary for fiscal year 2006 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 702. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 703. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 704. The expenditure of any appropriation under this Act for
any consulting service through procurement contract 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. 705. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 706. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any 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 (19 U.S.C. 1307).
Sec. 707. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service, and has
within 90 days after his release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his former position
and has been certified by the Office of Personnel Management as still
qualified to perform the duties of his former position and has not been
restored thereto.
Sec. 708. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
American Act'').
Sec. 709. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
Sec. 710. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2006, 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
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent,
whichever is less; 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 Committees on Appropriations of the Senate
and of the House of Representatives to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That the report shall include: (1) a
table for each appropriation with a separate column to display the
President's budget request, adjustments made by Congress, adjustments
due to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation both by
object class and program, project, and activity as detailed in the
budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest: Provided
further, That the amount appropriated or limited for 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. 711. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2006 from appropriations made available for salaries
and expenses for fiscal year 2006 in this Act, shall remain available
through September 30, 2007, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 712. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background 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. 713. The cost accounting standards promulgated under section
26 of the Office of Federal Procurement Policy Act (Public Law 93-400;
41 U.S.C. 422) shall not apply with respect to a contract under the
Federal Employees Health Benefits Program established under chapter 89
of title 5, United States Code.
Sec. 714. For the purpose of resolving litigation and 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. 715. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 716. The provision of section 715 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 717. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in the Buy American Act (41
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal
Government of information technology (as defined in section 11101 of
title 40, United States Code), that is a commercial item (as defined in
section 4(12) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(12)).
Sec. 718. None of the funds made available in the Act may be used
to finalize, implement, administer, or enforce--
(1) the proposed rule relating to the determination that real
estate brokerage is an activity that is financial in nature or
incidental to a financial activity published in the Federal
Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or
(2) the revision proposed in such rule to section 1501.2 of
title 12 of the Code of Federal Regulations.
Sec. 719. All Federal agencies and departments that are funded
under this Act shall issue a report to the House and Senate Committees
on Appropriations on all sole source contracts by no later than July
31, 2006. Such report shall include the contractor, the amount of the
contract and the rationale for using a sole source contract.
Sec. 720. The Secretary of the Treasury may transfer funds from
amounts appropriated under title II of this Act for any costs necessary
to pay for both career and non-career senior Treasury officials and
support staff in locations of economic strategic interest throughout
the world. Such positions would be used to advocate positions of
interest to the United States Government, including open and fair
financial markets, consistent with the Secretary's obligation under the
Gold Reserve Act of 1934 (48 Stat. 337) to promote orderly exchange
arrangements and an orderly system of exchange rates. Any transfer
shall not be made available until approved in an operating plan request
by the House and Senate Committees on Appropriations.
Sec. 721. Section 640(c) of the Treasury and General 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''.
Sec. 722. The Secretary of the Treasury may make payments from the
Treasury Forfeiture Fund to reimburse the United States Secret Service
for costs of protecting the Secretary of the Treasury: Provided, That
the United States Secret Service shall provide the Department of the
Treasury with a detailed, itemized list of expenses associated with
such protection: Provided further, That the Comptroller General shall
review all expenditures related to such protection and shall determine
if each expense is a reasonable and unavoidable cost of this
protection: Provided further, That all such reimbursable expenses shall
be subject to a memorandum of understanding between the Department of
the Treasury and the United States Secret Service.
Sec. 723. Section 101 of the Second Emergency Supplemental
Appropriations Act to Meet Immediate Needs Arising From the
Consequences of Hurricane Katrina, 2005 (Public Law 109-62; 119 Stat.
1992) is repealed.
Sec. 724. (a) In General.--None of the funds appropriated or
otherwise made available by this Act may be used for any Federal
Government contract with any foreign incorporated entity which is
treated as an inverted domestic corporation under section 835(b) of the
Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of
such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a) with
respect to any Federal Government contract under the authority of
such Secretary if the Secretary determines that the waiver is
required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver under
paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 725. From funds made available in this Act under the headings
``White House Office'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisors'', ``National Security Council'', ``Office of
Administration'', ``Office of Policy Development'', ``Special
Assistance to the President'', and ``Official Residence of the Vice
President'', the Director of the Office of Management and Budget (or
such other officer as the President may designate in writing), may,
fifteen days after giving notice to the House and Senate Committees on
Appropriations, transfer not to exceed 10 percent of any such
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
``Special Assistance to the President'' or ``Official Residence of the
Vice President'' without the approval of the Vice President.
Sec. 726. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided, That
for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownsfield as defined
in the Small Business Liability Relief and Brownsfield Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain: Provided further, That the Government Accountability
Office, in consultation with the National Academy of Public
Administration, organizations representing State and local governments,
and property rights organizations, shall conduct a study to be
submitted to the Congress within 12 months of the enactment of this Act
on the nationwide use of eminent domain, including the procedures used
and the results accomplished on a state-by-state basis as well as the
impact on individual property owners and on the affected communities.
TITLE VIII
GENERAL PROVISIONS GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 801. Funds appropriated in this or any other Act may be used
to pay travel to the United States for the immediate family of
employees serving abroad in cases of death or life threatening illness
of said employee.
Sec. 802. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2006 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 803. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
purchase of any passenger motor vehicle (exclusive of buses,
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. 804. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 805. Unless otherwise specified during the current fiscal
year, no part of any appropriation contained in this or any other Act
shall be used to pay the compensation of any officer or employee of the
Government of the United States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in the continental United States unless such
person: (1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of this Act
who, being eligible for 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
(Public Law 102-404): Provided, That for the purpose of this section,
an affidavit signed by any such person shall be considered prima facie
evidence that the requirements of this section with respect to his or
her status have been complied with: Provided further, That any person
making a false affidavit shall be guilty of a felony, and, upon
conviction, shall be fined no more than $4,000 or imprisoned for not
more than 1 year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this section
shall be recoverable in action by the Federal Government. This section
shall not apply to citizens of Ireland, Israel, or the Republic of the
Philippines, or to nationals of those countries allied with the United
States in a current defense effort, or to international broadcasters
employed by the United States Information Agency, or to temporary
employment of translators, or to temporary employment in the field
service (not to exceed 60 days) as a result of emergencies.
Sec. 806. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for 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. 807. 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. 808. 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. 809. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after
the Senate has voted not to approve the nomination of said person.
Sec. 810. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, 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. 811. Funds made available by this or any other Act to the
Postal Service Fund (39 U.S.C. 2003) shall be available for employment
of guards for all buildings and areas owned or occupied by the Postal
Service or under the charge and control of the Postal Service. The
Postal Service may give such guards, with respect to such property, any
of the powers of special policemen provided under 40 U.S.C. 1315. The
Postmaster General, or his designee, may take any action that the
Secretary of Homeland Security may take under such section with respect
to that property.
Sec. 812. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a joint
resolution duly adopted in accordance with the applicable law of the
United States.
Sec. 813. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2006, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(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. 814. 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. 815. Notwithstanding section 1346 of title 31, United States
Code, or section 809 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. 816. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service 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. 817. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for the
current fiscal year shall obligate or expend any such funds, unless
such department, agency, or instrumentality has in place, and will
continue to administer in good faith, a written policy designed to
ensure that all of its workplaces are free from discrimination and
sexual harassment and that all of its workplaces are not in violation
of title VII of the Civil Rights Act of 1964 (Public Law 88-352, 78
Stat. 241), as amended, the Age Discrimination in Employment Act of
1967 (Public Law 90-202, 81 Stat. 602), and the Rehabilitation Act of
1973 (Public Law 93-112, 87 Stat. 355).
Sec. 818. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to 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. 819. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of 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. 820. No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These restrictions are 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. 821. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative 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. 822. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 823. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing
or telephone lists to any person or any organization outside of the
Federal Government without the approval of the Committees on
Appropriations.
Sec. 824. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofor authorized by the Congress.
Sec. 825. (a) In this section the term ``agency''--
(1) means an Executive agency as defined under section 105 of
title 5, United States Code;
(2) includes a military department as defined under section 102
of such title, the Postal Service, and the Postal Rate Commission;
and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under section 6301(2) of title 5, United States Code, has an
obligation to expend an honest effort and a reasonable proportion of
such employee's time in the performance of official duties.
Sec. 826. Notwithstanding 31 U.S.C. 1346 and section 810 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 827. Notwithstanding 31 U.S.C. 1346 and section 910 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide financial, information technology, procurement, and
other management innovations, 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. 828. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 829. Nothwithstanding section 1346 of title 31, United States
Code, or section 810 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies, and
similar efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities: Provided,
That the Office of Management and Budget shall provide a report
describing the budget of and resources connected with the National
Science and Technology Council to the Committees on Appropriations, the
House Committee on Science, and the Senate Committee on Commerce,
Science, and Transportation 90 days after enactment of this Act.
Sec. 830. Any request for proposals, solicitation, grant
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. 831. Subsection (f) of section 403 of Public Law 103-356 (31
U.S.C. 501 note), as amended, is further amended by striking ``October
1, 2005'' and inserting ``October 1, 2006'': Provided, That this
provision shall not apply to the Department of Homeland Security.
Sec. 832. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally 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 providing the Internet site services or to
protecting the rights or property of the provider of the Internet
site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to 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. 833. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any 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. 834. The Congress of the United States recognizes the United
States Anti-Doping Agency (USADA) as the official anti-doping agency
for Olympic, Pan American, and Paralympic sport in the United States.
Sec. 835. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 836. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional 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. 837. (a) Not later than 180 days after the end of the fiscal
year, the head of each Federal agency shall submit a report to Congress
on the amount of the acquisitions made by the agency from entities that
manufacture the articles, materials, or supplies outside of the United
States in that fiscal year.
(b) The report required by subsection (a) shall separately
indicate--
(1) the dollar value of any articles, materials, or supplies
purchased that were manufactured outside of the United States;
(2) an itemized list of all waivers granted with respect to
such articles, materials, or supplies under the Buy American Act
(41 U.S.C. 10a et seq.); and
(3) a summary of the total procurement funds spent on goods
manufactured in the United States versus funds spent on goods
manufactured outside of the United States.
(c) The head of each Federal agency submitting a report under
subsection (a) shall make the report publicly available to the maximum
extent practicable.
(d) This section shall not apply to acquisitions made by an agency,
or component thereof, that is an element of the intelligence community
as set forth in or designated under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
Sec. 838. Notwithstanding any other provision of law, no 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 the 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. 839. Notwithstanding section 1346 of title 31, United States
Code, and section 809 of this Act and any other provision of law, the
head of each appropriate executive department and agency shall transfer
to or reimburse the Federal Aviation Administration, upon the direction
of the Director of the Office of Management and Budget, funds made
available by this or any other Act for the purposes described below,
and shall submit budget requests for such purposes. These funds shall
be administered by the Federal Aviation Administration, in consultation
with the appropriate interagency groups designated by the Director and
shall be used to ensure the uninterrupted, continuous operation of the
Midway Atoll Airfield by the Federal Aviation Administration pursuant
to an operational agreement with the Department of the Interior for the
entirety of fiscal year 2006 and any period thereafter that precedes
the enactment of the Transportation, Treasury, the Judiciary, Housing
and Urban Development, and Related Agencies Appropriations Act, 2007.
The Director of the Office of Management and Budget shall mandate the
necessary transfers after determining an equitable allocation between
the appropriate executive departments and agencies of the
responsibility for funding the continuous operation of the Midway Atoll
Airfield based on, but not limited to, potential use, interest in
maintaining aviation safety, and applicability to governmental
operations and agency mission. The total funds transferred or
reimbursed shall not exceed $6,000,000 for any twelve-month period.
Such sums shall be sufficient to ensure continued operation of the
airfield throughout the period cited above. Funds shall be available
for operation of the airfield or airfield-related capital upgrades. The
Director of the Office of Management and Budget shall notify the
Committees on Appropriations of such transfers or reimbursements within
15 days of this Act. Such transfers or reimbursements shall begin
within 30 days of enactment of this Act.
Sec. 840. Section 4(b) of the Federal Activities Inventory Reform
Act of 1998 (Public Law 105-270) is amended by adding at the end the
following new paragraph:
``(5) Executive agencies with fewer than 100 full-time
employees as of the first day of the fiscal year. However, such an
agency shall be subject to section 2 to the extent it plans to
conduct a public-private competition for the performance of an
activity that is not inherently governmental.''.
Sec. 841. (a) No funds shall be available for transfers or
reimbursements to the E-Government Initiatives sponsored by the Office
of Management and Budget (OMB) prior to 15 days following submission of
a report to the Committees on Appropriations by the Director of the
Office of Management and Budget and receipt of approval to transfer
funds by the House and Senate Committees on Appropriations.
(b) The report in (a) shall detail--
(1) the amount proposed for transfer for any department and
agency by program office, bureau, or activity, as 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. 842. (a) Requirement for Public-Private Competition.--
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this or any other Act shall be available to
convert to contractor performance an activity or function of an
executive agency, that on or after the date of enactment of this
Act, is performed by more than 10 Federal employees unless--
(A) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function; and
(B) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the executive agency by an amount that equals
or exceeds the lesser of--
(i) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(ii) $10,000,000.
(2) This paragraph shall not apply to--
(A) the Department of Defense;
(B) section 44920 of title 49, United States Code;
(C) a commercial or industrial type function that--
(i) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41
U.S.C. 47); or
(ii) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act;
(D) depot contracts or contracts for depot maintenance as
provided in sections 2469 and 2474 of title 10, United States
Code; or
(E) activities that are the subject of an ongoing
competition that was publicly announced prior to the date of
enactment of this Act.
(b) Use of Public-Private Competition.--Nothing in Office of
Management and Budget Circular A-76 shall prevent the head of an
executive agency from conducting a public-private competition to
evaluate the benefits of converting work from contract performance to
performance by Federal employees in appropriate instances. The Circular
shall provide procedures and policies for these competitions that are
similar to those applied to competitions that may result in the
conversion of work from performance by Federal employees to performance
by a contractor.
Sec. 843. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year 2006
under sections 5303 and 5304 of title 5, United States Code, shall be
an increase of 3.1 percent, and this adjustment shall apply to civilian
employees in the Department of Defense and the Department of Homeland
Security and such adjustments shall be effective as of the first day of
the first applicable pay period beginning on or after January 1, 2006.
(b) Notwithstanding section 813 of this Act, the adjustment in
rates of basic pay for the statutory pay systems that take place in
fiscal year 2006 under sections 5344 and 5348 of title 5, United States
Code, shall be no less than the percentage in paragraph (a) as
employees in the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under section 5303 and 5304 of
title 5, United States Code. Prevailing rate employees at locations
where there are no employees whose pay is increased pursuant to
sections 5303 and 5304 of title 5 and prevailing rate employees
described in section 5343(a)(5) of title 5 shall be considered to be
located in the pay locality designated as ``Rest of US'' pursuant to
section 5304 of title 5 for purposes of this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or agency
for salaries and expenses for fiscal year 2006.
Sec. 844. Unless otherwise authorized by existing law, none of the
funds provided in this Act or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 845. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act) or of section 552.224 of title 48
of the Code of Federal Regulations.
Sec. 846. Each executive department and agency shall evaluate the
creditworthiness of an individual before issuing the individual a
government travel charge card. The department or agency may not issue a
government travel charge card to an individual that either lacks a
credit history or is found to have an unsatisfactory credit history as
a result of this evaluation: Provided, That this restriction shall not
preclude issuance of a restricted-use charge, debit, or stored value
card made in accordance with agency 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. 847. Except as expressly provided otherwise, any reference to
``this Act'' contained in this division shall be treated as referring
only to the provisions of this division.
This division may be cited as the ``Transportation, Treasury,
Housing and Urban Development, the Judiciary, and Independent Agencies
Appropriations Act, 2006''.
DIVISION B--DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2006
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the District of Columbia and
related agencies for the fiscal year ending September 30, 2006, and for
other purposes, namely:
DISTRICT OF COLUMBIA
Federal Funds
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for District of Columbia resident tuition support,
$33,200,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support 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, $13,500,000, to remain
available until expended, to reimburse the District of Columbia for the
costs of providing public safety at events related to the presence of
the national capital in the District of Columbia and for the costs of
providing support to respond to immediate and specific terrorist
threats or attacks in the District of Columbia or surrounding
jurisdictions: Provided, That any amount provided under this heading
shall be available only after such amount has been apportioned pursuant
to chapter 15 of title 31, United States Code.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia Courts,
$218,912,000, to be allocated as follows: for the District of Columbia
Court of Appeals, $9,198,000, of which not to exceed $1,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $87,342,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $41,643,000, of which not to exceed $1,500 is
for official reception and representation expenses; and $80,729,000, to
remain available until September 30, 2007, for capital improvements for
District of Columbia 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),
$44,000,000, 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 $80,729,000 provided
under such heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under this
heading: Provided further, That in addition to the funds provided under
this heading, the Joint Committee on Judicial Administration in the
District of Columbia may use funds provided in this Act under the
heading ``Federal Payment to the District of Columbia Courts'' (other
than the $80,729,000 provided under such heading for capital
improvements for District of Columbia courthouse facilities), to make
payments described under this heading for obligations incurred during
any fiscal year: Provided further, That funds provided under this
heading shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further, That
notwithstanding any other provision of law, this appropriation shall be
apportioned 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, $201,388,000, of which not to
exceed $2,000 is for official receptions and representation expenses
related to Community Supervision and Pretrial Services Agency programs;
of which not to exceed $25,000 is for dues and assessments relating to
the implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which $129,360,000 shall
be for 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 for this fiscal
year and subsequent fiscal years, the Public Defender Service is
authorized to charge fees to cover costs of materials distributed and
training provided to attendees of educational events, including
conferences, sponsored by the Public Defender Service, and
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, $7,000,000, 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, $3,000,000, to remain available until September 30,
2007, for design and construction of a continuous pedestrian and
bicycle trail system from the Potomac River to the District's border
with Maryland.
Federal Payment to the Criminal Justice Coordinating Council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,300,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
Federal Payment for Transportation Assistance
For a Federal payment to the District of Columbia Department of
Transportation, $1,000,000, to operate a downtown circulator transit
system.
Federal Payment for Foster Care Improvements in the District of
Columbia
For the Federal payment to the District of Columbia for foster care
improvements, $2,000,000 to remain available until expended: Provided,
That $1,750,000 shall be for the Child and Family Services Agency, of
which $1,000,000 shall be for a loan repayment program for social
workers; of which $750,000 shall be for post-adoption services:
Provided further, That $250,000 shall be for the Washington
Metropolitan Council of Governments, to continue a program in
conjunction with the Foster and Adoptive Parents Advocacy Center, to
provide respite care for and recruitment of foster parents: Provided
further, That these Federal funds shall supplement and not supplant
local funds for the purposes described under this heading.
Federal Payment to the Office of the Chief Financial Officer of the
District of Columbia
For a Federal payment to the Office of the Chief Financial Officer
of the District of Columbia, $29,200,000: Provided, That these funds
shall be available for the projects and in the amounts specified in the
Statement of the Managers on the conference report accompanying this
Act: Provided further, That each entity that receives funding under
this heading shall submit to the Office of the Chief Financial Officer
of the District of Columbia (CFO) a report on the activities to be
carried out with such funds no later than March 15, 2006, and the CFO
shall submit a comprehensive report to the Committees on Appropriations
of the House of Representatives and the Senate no later than June 1,
2006.
Federal Payment for School Improvement
For a Federal payment for a school improvement program in the
District of Columbia, $40,000,000, to be allocated as follows: for the
District of Columbia Public Schools, $13,000,000 to improve public
school education in the District of Columbia; for the State Education
Office, $13,000,000 to expand quality public charter schools in the
District of Columbia, to remain available until September 30, 2007; for
the Secretary of the Department of Education, $14,000,000 to provide
opportunity scholarships for students in the District of Columbia in
accordance with division C, title III of the District of Columbia
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), of which
up to $1,000,000 may be used to administer and fund assessments.
Federal Payment for Bioterrorism and Forensics Laboratory
For a Federal payment to the District of Columbia, $5,000,000, to
remain available until September 30, 2007, for costs associated with
the construction of a bioterrorism and forensics laboratory: Provided,
That the District of Columbia shall provide an additional $1,500,000
with local funds as a condition of receiving this payment.
FEDERAL PAYMENT FOR THE NATIONAL GUARD YOUTH CHALLENGE PROGRAM
For a Federal payment for the District of Columbia National Guard
Youth Challenge program, $500,000: Provided, That the amount
appropriated by this heading shall be transferred to the Secretary of
Defense and made available to the Commanding General of the District of
Columbia National Guard for activities under the National Guard Youth
Challenge Program under section 509 of title 32, United States Code,
and shall be in addition to any matching funds otherwise required of
the District of Columbia for that Program in fiscal year 2006 under
subsection (d)(4) of such section.
FEDERAL PAYMENT FOR MARRIAGE DEVELOPMENT AND IMPROVEMENT
For a Federal payment for marriage development and improvement in
the District of Columbia, $3,000,000, to remain available until
expended: Provided, That $1,500,000 shall be for the Capital Area Asset
Building Corporation for the establishment of marriage development
accounts in accordance with the requirements in the accompanying
report, of which $400,000 shall be for program planning, marketing,
evaluation, and account administration: Provided further, That
$1,500,000 shall be for mentoring, counseling, community outreach, and
training and technical assistance, of which $850,000 shall be for the
National Center for Fathering and $650,000 shall be for the East
Capitol Center for Change to carry out these activities: Provided
further, That within 30 days of enactment of this Act, the entities
receiving funds under this title shall submit to the Committees on
Appropriations of the House and Senate, a detailed expenditure plan and
program requirements that comport with the guidance in the accompanying
report.
District of Columbia Funds
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided: Provided, That
notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act (D.C. Official
Code, section 1-204.50a) and provisions of this Act, the total amount
appropriated in this Act for operating expenses for the District of
Columbia for fiscal year 2006 under this heading shall not exceed the
lesser of the sum of the total revenues of the District of Columbia for
such fiscal year or $8,700,158,000 (of which $5,007,344,000 shall be
from local funds, $1,921,287,000 shall be from Federal grant funds,
$1,754,399,000 shall be from other funds, and $17,129,000 shall be from
private funds), in addition, $163,116,000 from funds previously
appropriated in this Act as Federal payments: Provided further, That of
the local funds, $466,894,000 shall be derived from the District's
general fund balance: Provided further, That of these funds the
District's intradistrict authority shall be $468,486,000: in addition
for capital construction projects there is appropriated an increase of
$2,820,637,000, of which $1,072,671,000 shall be from local funds,
$49,551,000 from Highway Trust funds, $172,183,000 from the Local
Street Maintenance fund, $378,000,000 from securitization of future
revenue streams, $400,000,000 from Certificates of Participation
financing, $534,800,000 from financing for construction of a baseball
stadium, $213,432,000 from Federal grant funds, and a rescission of
$295,032,000 from local funds appropriated under this heading in prior
fiscal years, for a net amount of $2,525,605,000, to remain available
until expended: Provided further, That the amounts 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.
General Provisions
Sec. 101. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 102. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government, when
authorized by the Mayor, or, in the case of the Council of the District
of Columbia, funds may be expended with the authorization of the
Chairman of the Council.
Sec. 103. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 104. (a) Except as provided in subsection (b), no part of this
appropriation shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to support or
defeat legislation pending before Congress or any State legislature.
(b) The District of Columbia may use local funds provided in this
title to carry out lobbying activities on any matter other than--
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or voting
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. 105. (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 Act may be available for
obligation or expenditure for an agency through a transfer of any local
funds in excess of $3,000,000 from one appropriation heading to another
unless the Committees on Appropriations of the House of Representatives
and Senate are notified in writing 15 days in advance of the transfer,
except that in no event may the amount of any funds transferred exceed
4 percent of the local funds in the appropriations.
Sec. 106. Consistent with the provisions of section 1301(a) of
title 31, United States Code, appropriations under this Act shall be
applied only to the objects for which the appropriations were made
except as otherwise provided by law.
Sec. 107. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978 (D.C. Law 2-139; D.C. Official Code, section 1-
601.01 et seq.), enacted pursuant to section 422(3) of the District of
Columbia Home Rule Act (D.C. Official Code, section 1-204l.22(3)),
shall apply with respect to the compensation of 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. 108. No later than 30 days after the end of the first quarter
of fiscal year 2006, the Mayor of the District of Columbia shall submit
to the Council of the District of Columbia and the Committees on
Appropriations of the House of Representatives and Senate the new
fiscal year 2006 revenue estimates as of the end of such quarter. These
estimates shall be used in the budget request for fiscal year 2007. The
officially revised estimates at midyear shall be used for the midyear
report.
Sec. 109. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended without
opening that contract to the competitive bidding process as set forth
in section 303 of the District of Columbia Procurement Practices Act of
1985 (D.C. Law 6-85; D.C. Official Code, section 2-303.03), except that
the District of Columbia government or any agency thereof may renew or
extend sole source contracts for which competition is not feasible or
practical, but only if the determination as to whether to invoke the
competitive bidding process has been made in accordance with duly
promulgated rules and procedures and has been reviewed and certified by
the Chief Financial Officer of the District of Columbia.
Sec. 110. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, section 1-123).
Sec. 111. None of the Federal funds made available in this Act may
be used to implement or enforce the Health Care Benefits Expansion Act
of 1992 (D.C. Law 9-114; D.C. Official Code, section 32-701 et seq.) or
to otherwise implement or enforce any system of registration of
unmarried, cohabiting couples, including but not limited to
registration for the purpose of extending employment, health, or
governmental benefits to such couples on the same basis that such
benefits are extended to legally married couples.
Sec. 112. (a) Notwithstanding any other provision of this Act, the
Mayor, in consultation with the Chief Financial Officer of the District
of Columbia may accept, obligate, and expend Federal, private, and
other grants received by the District government that are not reflected
in the amounts appropriated in this Act.
(b)(1) No such Federal, private, or other grant may be obligated,
or expended pursuant to subsection (a) until--
(A) the Chief Financial Officer of the District of Columbia
submits to the Council a report setting forth detailed 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. 113. (a) Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only
in the performance of the officer's or employee's official duties. For
purposes of this paragraph, the term ``official duties'' does not
include travel between the officer's or employee's residence and
workplace, except in the case of--
(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. 114. None of the funds contained in this Act may be used for
purposes of the annual independent audit of the District of Columbia
government for fiscal year 2006 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia, in coordination with the Chief 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, section 2-302.8); and
(2) the audit includes as a basic financial statement a
comparison of audited actual year-end results with the revenues
submitted in the budget document for such year and the
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. 115. (a) None of the funds contained in this Act may be used
by the District of Columbia Corporation Counsel or any other officer or
entity of the District government to provide 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. 116. (a) None of the funds contained in this Act may be used
for any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds contained in
this Act and who carries out any program described in subsection (a)
shall account for all funds used for such program separately from any
funds contained in this Act.
Sec. 117. None of the funds contained in this Act may be used after
the expiration of the 60-day period that begins on the date of the
enactment of this Act to pay the salary of any chief financial officer
of any office of the District of Columbia government (including any
independent agency of the District of Columbia) who has not filed a
certification with the Mayor and the Chief 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 Act (and the amendments made by this Act), including any
duty to prepare a report requested either in the Act or in any of the
reports accompanying the Act and the deadline by which each report must
be submitted: Provided, That the Chief Financial Officer of the
District of Columbia shall provide to the Committees on Appropriations
of the House of Representatives and Senate by April 1, 2006 and October
1, 2006, a summary list showing each report, the due date, and the date
submitted to the Committees.
Sec. 118. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health 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. 119. 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. 120. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer of the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia a revised
appropriated funds operating budget in the format of the budget that
the District of Columbia government submitted pursuant to section 442
of the District of Columbia Home Rule Act (D.C. Official Code, section
1-204.42), for all agencies of the District of Columbia government for
fiscal year 2006 that is in the total amount of the approved
appropriation and that realigns 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. 121. Notwithstanding any other law, in fiscal year 2006 and in
each subsequent fiscal year, the District of Columbia Courts shall
transfer to the general treasury of the District of Columbia all fines
levied and collected by the Courts under section 10(b)(1) and (2) of
the District of Columbia Traffic Act (D.C. Official Code, section 50-
2201.05(b)(1) and (2)): Provided, that the transferred funds are hereby
made available and shall remain available until expended and shall be
used by the Office of the Attorney General of the District of Columbia
for enforcement and prosecution of District traffic alcohol laws in
accordance with section 10(b)(3) of the District of Columbia Traffic
Act (D.C. Official Code, section 50-2201.05(b)(3)).
Sec. 122. (a) None of the funds contained in this Act may be made
available to pay--
(1) the fees of an attorney who represents a party in an action
or an attorney who defends an action brought against the District
of Columbia Public Schools under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for that
action; or
(2) the fees of an attorney or firm whom the Chief Financial
Officer of the District of Columbia determines to have a 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. 123. The Chief Financial Officer of the District of Columbia
shall require attorneys in special education cases brought under the
Individuals with Disabilities Education Act (IDEA) in the 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. 124. The amount appropriated by this Act may be increased by
no more than $42,000,000 from funds identified in the comprehensive
annual financial report as the District's fiscal 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. 125. (a) The fourth proviso in the item relating to ``Federal
Payment for School Improvement'' in the District of Columbia
Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1327) is
amended--
(1) by striking ``$4,000,000'' and inserting ``$4,000,000, to
remain available until expended,''; and
(2) by striking ``$2,000,000 shall be for a new incentive
fund'' and inserting ``$2,000,000, to remain available until
expended, shall be for a new incentive fund''.
(b) The amendments made by subsection (a) shall take effect as if
included in the enactment of the District of Columbia Appropriations
Act, 2005.
Sec. 126. (a) To account for an unanticipated growth of revenue
collections, the amount appropriated as District of Columbia Funds
pursuant to this Act may be increased--
(1) by an aggregate amount of not more than 25 percent, in the
case of amounts proposed to be allocated as ``Other-Type Funds'' in
the Fiscal Year 2006 Proposed Budget and Financial Plan submitted
to Congress by the District of Columbia on June 6, 2005; and
(2) by an aggregate amount of not more than 6 percent, in the
case of any other amounts proposed to be allocated in such Proposed
Budget and Financial Plan.
(b) The District of Columbia may obligate and expend any increase
in the amount of funds authorized under this section only in accordance
with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify--
(A) the increase in revenue; and
(B) that the use of the amounts is not anticipated to have
a negative impact on the long-term financial, fiscal, or
economic health of the District.
(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. 127. The Chief Financial Officer for the District of Columbia
may, for the purpose of cash flow management, conduct short-term
borrowing from the emergency reserve fund and from the contingency
reserve fund established under section 450A of the District of Columbia
Home Rule Act (Public Law 98-198): Provided, That the amount borrowed
shall not exceed 50 percent of the total amount of funds contained in
both the emergency and contingency reserve funds at the time of
borrowing: Provided further, That the borrowing shall not deplete
either fund by more than 50 percent: Provided further, That 100 percent
of the funds borrowed shall be replenished within 9 months of the time
of the borrowing or by the end of the fiscal year, whichever occurs
earlier: Provided further, That in the event that short-term borrowing
has been conducted and the emergency or the contingency funds are later
depleted below 50 percent as a result of an emergency or contingency,
an amount equal to the amount necessary to restore reserve levels to 50
percent of the total amount of funds contained in both the emergency
and contingency reserve fund must be replenished from the amount
borrowed within 60 days.
Sec. 128. (a) None of the funds contained in this Act may be used
to enact or carry out any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols 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. 129. None of the funds appropriated under this Act shall be
expended for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 130. Section 7 of the District of Columbia Stadium Act of 1957
(Public Law 85-300, 71 Stat. 619), as amended, is further amended by
inserting after paragraph (d)(4) the following:
``(e)(1) Upon receipt of a written description from the District of
Columbia of not more than 15 contiguous acres (hereinafter referred to
as `the 15 acres'), within the area designated `D' on the revised map
entitled `Map to Designate Transfer of Stadium and Lease of Parking
Lots to the District' and bound by 21st Street, NE, Oklahoma Avenue,
NE, Benning Road, NE, the Metro line, and C Street, NE, and execution
of a long-term lease by the Mayor of the District of Columbia that is
contingent upon the Secretary's conveyance of the 15 acres and for the
purpose consistent with this paragraph, the Secretary shall convey the
15 acres described land to the District of Columbia for the purpose of
siting, developing, and operating an educational institution for the
public welfare, with first preference given to a pre-collegiate public
boarding school.
``(2) Upon conveyance, the portion of the stadium lease that
affects the 15 acres on the property and all the conditions associated
therewith shall terminate, and the 15 acres property shall be removed
from the `Map to Designate Transfer of Stadium and Lease of Parking
Lots to the District', and the long-term lease described in paragraph
(1) shall take effect immediately. The Mayor of the District of
Columbia shall execute and deliver a quitclaim deed to effectuate the
District's responsibilities under this section.''.
Sec. 131. The authority that the Chief Financial Officer of the
District of Columbia exercised with respect to personnel and the
preparation of fiscal impact statements during a control period (as
defined in Public Law 104-8) shall remain in effect until September 30,
2006.
Sec. 132. The entire process used by the Chief Financial Officer to
acquire any and all kinds of goods, works and services by any
contractual means, including but not limited to purchase, lease or
rental, shall be exempt from all of the provisions of the District of
Columbia's Procurement Practices Act: Provided, That provisions made by
this subsection shall take effect as if enacted in D.C. Law 11-259 and
shall remain in effect until September 30, 2006.
Sec. 133. Section 4013 of the Uniform Per Student Funding Formula
for Public Schools and Public Charter Schools Amendment Act of 2005,
passed on first reading on May 10, 2005 (engrossed version of Bill 16-
200), is hereby enacted into law.
Sec. 134. The Chief Financial Officer of the District is hereby
authorized to transfer $5,000,000 from the local funds appropriated for
the Deputy Mayor for Economic Development to the Anacostia Waterfront
Corporation and to reallocate the appropriation authority for such
funds to a heading to be entitled ``Anacostia Waterfront Corporation''
in addition, an amount of $3,200,000 is hereby appropriated from the
local funds made available to the Anacostia Waterfront Corporation in
fiscal year 2005. Provided, That all of the funds made available herein
to the Anacostia Waterfront Corporation shall remain available until
expended.
Sec. 135. Amounts appropriated in the Act for the Department of
Health may be increased by $250,000 in local funds to remain available
until expended to conduct a health study in Spring Valley.
Sec. 136. Notwithstanding section 602(c)(1) of the District of
Columbia Home Rule Act, amendments to the Ballpark Technical Amendments
Act of 2005 and the Ballpark Fee Rebate Act of 2005 shall take effect
on the date of the enactment by the District of Columbia.
Sec. 137. Except as expressly provided otherwise, any reference to
``this Act'' contained in this division shall be treated as referring
only to the provisions of this division.
This division may be cited as the ``District of Columbia
Appropriations Act, 2006''.
This Act (including divisions A and B) may be cited as the
``Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.