[Congressional Record Volume 151, Number 111 (Thursday, September 8, 2005)]
[Senate]
[Pages S9745-S9771]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MAKING APPROPRIATIONS FOR SCIENCE, THE DEPARTMENTS OF STATE, JUSTICE,
AND COMMERCE, AND RELATED AGENCIES FOR FISCAL YEAR 2006
The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to the consideration of H.R. 2862, which the clerk will report
by title.
The bill clerk read as follows:
A bill (H.R. 2862) making appropriations for Science, the
Departments of State, Justice, and Commerce, and related
agencies for the fiscal year ending September 30, 2006, and
for other purposes.
The Senate proceeded to consider the bill, which had been reported
from the Committee on Appropriations, with an amendment to strike all
after enacting clause and insert in lieu thereof the following:
(Strike the part shown in black brackets and insert the part shown in
italic.)
H.R. 2862
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2006, and for other purposes,
namely:
[TITLE I--DEPARTMENT OF JUSTICE
[General Administration
[Salaries and Expenses
[For expenses necessary for the administration of the
Department of Justice, $126,956,000 (reduced by $2,500,000),
of which not to exceed $3,317,000 is for the Facilities
Program 2000, to remain available until expended: Provided,
That not to exceed 45 permanent positions and 46 full-time
equivalent workyears and $11,821,000 shall be expended for
the Department Leadership Program exclusive of augmentation
that occurred in these offices in fiscal year 2005: Provided
further, That not to exceed 28 permanent positions, 23 full-
time equivalent workyears and $3,980,000 shall be expended
for the Office of Legislative Affairs: Provided further, That
not to exceed 17 permanent positions, 22 full-time equivalent
workyears and $2,764,000 shall be expended for the Office of
Public Affairs: Provided further, That the latter two
aforementioned offices may utilize non-reimbursable details
of career employees within the caps described in the
preceding two provisos.
[Justice Information Sharing Technology
[For necessary expenses for information sharing technology,
including planning, development, deployment and Departmental
direction, $135,000,000, to remain available until expended.
[narrowband communications/integrated wireless network
[For the costs of conversion to narrowband communications,
including the cost for operation and maintenance of Land
Mobile Radio legacy systems, $110,000,000 (reduced by
$39,126,000), to remain available until September 30, 2007:
Provided, That the Attorney General shall transfer to the
``Narrowband Communications'' account all funds made
available to the Department of Justice for the purchase of
portable and mobile radios: Provided further, That any
transfer made under the preceding proviso shall be subject to
section 605 of this Act.
[Administrative Review and Appeals
[For expenses necessary for the administration of pardon
and clemency petitions and immigration-related activities,
$215,685,000.
[Detention Trustee
[For necessary expenses of the Federal Detention Trustee,
$1,222,000,000, to remain available until expended: Provided,
That the Trustee shall be responsible for managing the
Justice Prisoner and Alien Transportation System and for
overseeing housing related to such detention: Provided
further, That any unobligated balances available in prior
years from the funds appropriated under the heading ``Federal
Prisoner Detention'' shall be transferred to and merged with
the appropriation under the heading ``Detention Trustee'' and
shall be available until expended.
[Office of Inspector General
[For necessary expenses of the Office of Inspector General,
$66,801,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character.
[United States Parole Commission
[Salaries and Expenses
[For necessary expenses of the United States Parole
Commission as authorized, $11,200,000.
[Legal Activities
[Salaries and Expenses, General Legal Activities
[For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia, $665,821,000, of which not to exceed $10,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the total amount appropriated,
not to exceed $1,000 shall be available to the United States
National Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That
notwithstanding section 105 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to
``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
[In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $6,333,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
[Salaries and Expenses, Antitrust Division
[For expenses necessary for the enforcement of antitrust
and kindred laws, $144,451,000, to remain available until
expended: Provided, That, notwithstanding any other provision
of law, not to exceed $116,000,000 of offsetting collections
derived from fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of
collection, shall be retained and used for necessary expenses
in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated
from the general fund shall be reduced as such offsetting
collections are received during fiscal
[[Page S9746]]
year 2006, so as to result in a final fiscal year 2006
appropriation from the general fund estimated at not more
than $28,451,000.
[Salaries and Expenses, United States Attorneys
[For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,626,146,000: Provided, That of the total
amount appropriated, not to exceed $8,000 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $20,000,000 shall remain
available until expended: Provided further, That, in addition
to reimbursable full-time equivalent workyears available to
the Offices of the United States Attorneys, not to exceed
10,465 positions and 10,451 full-time equivalent workyears
shall be supported from the funds appropriated in this Act
for the United States Attorneys.
[United States Trustee System Fund
[For necessary expenses of the United States Trustee
Program, as authorized, $214,402,000, to remain available
until expended and to be derived from the United States
Trustee System Fund: Provided, That, notwithstanding any
other provision of law, deposits to the Fund shall be
available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That, notwithstanding any
other provision of law, $214,402,000 of offsetting
collections pursuant to 28 U.S.C. 589a(b) shall be retained
and used for necessary expenses in this appropriation and
remain available until expended: Provided further, That the
sum herein appropriated from the Fund shall be reduced as
such offsetting collections are received during fiscal year
2006, so as to result in a final fiscal year 2006
appropriation from the Fund estimated at $0.
[Salaries and Expenses, Foreign Claims Settlement Commission
[For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $1,220,000.
[United States Marshals Service
[Salaries and Expenses
[For necessary expenses of the United States Marshals
Service, $800,255,000; of which not to exceed $6,000 shall be
available for official reception and representation expenses;
and of which $20,000,000 for information technology systems,
equipment, and the renovation of United States Marshals
Service prisoner holding space in United States courthouses
and Federal buildings shall remain available until expended:
Provided, That, in addition to reimbursable full-time
equivalent workyears available to the United States Marshals
Service, not to exceed 4,729 positions and 4,551 full-time
equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Marshals
Service.
[Fees and Expenses of Witnesses
[For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
such sums as are necessary, to remain available until
expended: Provided, That not to exceed $8,000,000 may be made
available for construction of buildings for protected witness
safesites: Provided further, That not to exceed $1,000,000
may be made available for the purchase and maintenance of
armored vehicles for transportation of protected witnesses:
Provided further, That not to exceed $7,000,000 may be made
available for the purchase, installation, maintenance and
upgrade of secure telecommunications equipment and a secure
automated information network to store and retrieve the
identities and locations of protected witnesses.
[Salaries and Expenses, Community Relations Service
[For necessary expenses of the Community Relations Service,
$9,659,000: Provided, That notwithstanding section 105 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to the previous proviso shall be treated as a
reprogramming under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
[Assets Forfeiture Fund
[For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F),
and (G), $21,468,000, to be derived from the Department of
Justice Assets Forfeiture Fund.
[Interagency Law Enforcement
[Interagency Crime and Drug Enforcement
[For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking and affiliated money
laundering organizations not otherwise provided for, to
include inter-governmental agreements with State and local
law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $506,940,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation.
[Federal Bureau of Investigation
[Salaries and Expenses
[For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States; including purchase for
police-type use of not to exceed 3,868 passenger motor
vehicles, of which 3,039 will be for replacement only; and
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to 28 U.S.C. 530C,
$5,741,132,000; of which not to exceed $150,000,000 shall
remain available until expended; of which $2,288,897,000
shall be for counterterrorism investigations, foreign
counterintelligence, and other activities related to our
national security; and of which not to exceed $25,000,000 is
authorized to be made available for making advances for
expenses arising out of contractual or reimbursable
agreements with State and local law enforcement agencies
while engaged in cooperative activities related to violent
crime, terrorism, organized crime, gang-related crime,
cybercrime, and drug investigations: Provided, That not to
exceed $205,000 shall be available for official reception and
representation expenses: Provided further, That, in addition
to reimbursable full-time equivalent workyears available to
the Federal Bureau of Investigation, not to exceed 31,668
positions and 30,525 full-time equivalent workyears shall be
supported from the funds appropriated in this Act for the
Federal Bureau of Investigation.
[Construction
[For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of Federally-owned buildings; and preliminary
planning and design of projects; $20,105,000, to remain
available until expended: Provided, That $10,000,000 shall be
available for equipment and associated costs for a permanent
central records complex in Frederick County, Virginia.
[Drug Enforcement Administration
[Salaries and Expenses
[For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant
to 28 U.S.C. 530C; expenses for conducting drug education and
training programs, including travel and related expenses for
participants in such programs and the distribution of items
of token value that promote the goals of such programs; and
purchase of not to exceed 1,043 passenger motor vehicles, of
which 937 will be for replacement only, for police-type use,
$1,706,173,000 (increased by $10,000,000); of which not to
exceed $75,000,000 shall remain available until expended; and
of which not to exceed $100,000 shall be available for
official reception and representation expenses: Provided,
That, in addition to reimbursable full-time equivalent
workyears available to the Drug Enforcement Administration,
not to exceed 8,371 positions and 8,270 full-time equivalent
workyears shall be supported from the funds appropriated in
this Act for the Drug Enforcement Administration.
[Bureau of Alcohol, Tobacco, Firearms and Explosives
[Salaries and Expenses
[For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, including the purchase of not to
exceed 822 vehicles for police-type use, of which 650 shall
be for replacement only; not to exceed $25,000 for official
reception and representation expenses; for training of State
and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with
or without reimbursement, $923,613,000, of which not to
exceed $1,000,000 shall be available for the payment of
attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of
which $10,000,000 shall remain available until expended:
Provided, That no funds appropriated herein shall be
available for salaries or administrative expenses in
connection with consolidating or centralizing, within the
Department of Justice, the records, or any portion thereof,
of acquisition and disposition of firearms maintained by
Federal firearms licensees: Provided further, That no funds
appropriated herein shall be used to pay administrative
expenses or the compensation of any officer or employee of
the United States to implement an amendment or amendments to
27 CFR 178.118 or to change the definition of ``Curios or
relics'' in 27 CFR 178.11 or remove any item from ATF
Publication 5300.11 as it existed on January 1, 1994:
Provided further, That none of the funds appropriated herein
shall be available to investigate or act upon applications
for relief from Federal firearms disabilities under 18 U.S.C.
925(c): Provided further, That such funds shall be available
to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code:
Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and
Explosives to other
[[Page S9747]]
agencies or Departments in fiscal year 2006: Provided
further, That no funds appropriated under this or any other
Act with respect to any fiscal year may be used to disclose
part or all of the contents of the Firearms Trace System
database maintained by the National Trace Center of the
Bureau of Alcohol, Tobacco, Firearms and Explosives or any
information required to be kept by licensees pursuant to
section 923(g) of title 18, United States Code, or required
to be reported pursuant to paragraphs (3) and (7) of such
section 923(g), to anyone other than a Federal, State, or
local law enforcement agency or a prosecutor solely in
connection with and for use in a bona fide criminal
investigation or prosecution and then only such information
as pertains to the geographic jurisdiction of the law
enforcement agency requesting the disclosure and not for use
in any civil action or proceeding other than an action or
proceeding commenced by the Bureau of Alcohol, Tobacco,
Firearms and Explosives, or a review of such an action or
proceeding, to enforce the provisions of chapter 44 of such
title, and all such data shall be immune from legal process
and shall not be subject to subpoena or other discovery in
any civil action in a State or Federal court or in any
administrative proceeding other than a proceeding commenced
by the Bureau of Alcohol, Tobacco, Firearms and Explosives to
enforce the provisions of that chapter, or a review of such
an action or proceeding; except that this proviso shall not
be construed to prevent the disclosure of statistical
information concerning total production, importation, and
exportation by each licensed importer (as defined in section
921(a)(9) of such title) and licensed manufacturer (as
defined in section 921(a)(10) of such title): Provided
further, That no funds made available by this or any other
Act shall be expended to promulgate or implement any rule
requiring a physical inventory of any business licensed under
section 923 of title 18, United States Code: Provided
further, That no funds under this Act may be used to
electronically retrieve information gathered pursuant to 18
U.S.C. 923(g)(4) by name or any personal identification code:
Provided further, That no funds authorized or made available
under this or any other Act may be used to deny any
application for a license under section 923 of title 18,
United States Code, or renewal of such a license due to a
lack of business activity, provided that the applicant is
otherwise eligible to receive such a license, and is eligible
to report business income or to claim an income tax deduction
for business expenses under the Internal Revenue Code of
1986.
[Federal Prison System
[Salaries and Expenses
[For expenses necessary of the Federal Prison System for
the administration, operation, and maintenance of Federal
penal and correctional institutions, including purchase (not
to exceed 768, of which 701 are for replacement only) and
hire of law enforcement and passenger motor vehicles, and for
the provision of technical assistance and advice on
corrections related issues to foreign governments,
$4,895,649,000: Provided, That the Attorney General may
transfer to the Health Resources and Services Administration
such amounts as may be necessary for direct expenditures by
that Administration for medical relief for inmates of Federal
penal and correctional institutions: Provided further, That
the Director of the Federal Prison System, where necessary,
may enter into contracts with a fiscal agent/fiscal
intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to
the custody of the Federal Prison System: Provided further,
That not to exceed $6,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $50,000,000 shall remain available for
necessary operations until September 30, 2007: Provided
further, That, of the amounts provided for Contract
Confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980, for the care and security in the
United States of Cuban and Haitian entrants: Provided
further, That the Director of the Federal Prison System may
accept donated property and services relating to the
operation of the prison card program from a not-for-profit
entity which has operated such program in the past
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services,
halfway houses or other custodial facilities.
[Buildings and Facilities
[For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $70,112,000, to remain available until expended, of
which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That
labor of United States prisoners may be used for work
performed under this appropriation.
[Federal Prison Industries, Incorporated
[The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
(not to exceed five for replacement only) and hire of
passenger motor vehicles.
[Limitation on Administrative Expenses, Federal Prison Industries,
Incorporated
[Not to exceed $3,365,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
[Office on Violence Against Women
[Violence Against Women Prevention and Prosecution Programs
[For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103-322) (``the 1994 Act''); the Victims of Child Abuse Act
of 1990 (``the 1990 Act''); the Prosecutorial Remedies and
Other Tools to End the Exploitation of Children Today Act of
2003 (Public Law 108-21); the Juvenile Justice and
Delinquency Prevention Act of 1974 (``the 1974 Act''); and
the Victims of Trafficking and Violence Protection Act of
2000 (Public Law 106-386); $387,497,000 (increased by
$2,000,000), including amounts for administrative costs, to
remain available until expended: Provided, That except as
otherwise provided by law, not to exceed three percent of
funds made available under this heading may be used for
expenses related to evaluation, training and technical
assistance: Provided further, That of the amount provided--
[(1) $11,897,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
[(2) $1,925,000 (increased by $2,000,000) for child abuse
training programs for judicial personnel and practitioners,
as authorized by section 222 of the 1990 Act;
[(3) $983,000 for grants for televised testimony, as
authorized by Part N of the 1968 Act;
[(4) $187,308,000 for grants to combat violence against
women, as authorized by part T of the 1968 Act, of which--
[(A) $5,000,000 shall be for the National Institute of
Justice for research and evaluation of violence against
women;
[(B) $10,000,000 shall be for the Office of Juvenile
Justice and Delinquency Prevention for the Safe Start
Program, as authorized by the 1974 Act; and
[(C) $15,000,000 shall be for transitional housing
assistance grants for victims of domestic violence, stalking
or sexual assault as authorized by Public Law 108-21;
[(5) $63,491,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act;
[(6) $39,685,000 for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295(a) of the 1994 Act;
[(7) $4,415,000 for training programs as authorized by
section 40152 of the 1994 Act, and for related local
demonstration projects;
[(8) $2,950,000 for grants to improve the stalking and
domestic violence databases, as authorized by section 40602
of the 1994 Act;
[(9) $9,175,000 to reduce violent crimes against women on
campus, as authorized by section 1108(a) of Public Law 106-
386;
[(10) $39,740,000 for legal assistance for victims, as
authorized by section 1201(c) of Public Law 106-386;
[(11) $4,600,000 for enhancing protection for older and
disabled women from domestic violence and sexual assault, as
authorized by section 40802 of the 1994 Act;
[(12) $14,078,000 for the safe havens for children pilot
program, as authorized by section 1301(a) of Public Law 106-
386; and
[(13) $7,250,000 for education and training to end violence
against and abuse of women with disabilities, as authorized
by section 1402(a) of Public Law 106-386.
[Office of Justice Programs
[Justice Assistance
[For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, the Missing Children's
Assistance Act, including salaries and expenses in connection
therewith, the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law
108-21), and the Victims of Crime Act of 1984, $227,466,000,
to remain available until expended.
[[Page S9748]]
[State and Local Law Enforcement Assistance
[For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act''); and the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386); and
other programs; $1,001,296,000 (reduced by $4,000,000)
(increased by $50,000,000) (increased by $21,947,600)
(including amounts for administrative costs, which shall be
transferred to and merged with the ``Justice Assistance''
account): Provided, That funding provided under this heading
shall remain available until expended, as follows--
[(1) $348,466,000 (reduced by $4,000,000) (increased by
$21,947,600) for the Edward Byrne Memorial Justice Assistance
Grant program pursuant to the amendments made by section 201
of H.R. 3036 of the 108th Congress, as passed by the House of
Representatives on March 30, 2004 (except that the special
rules for Puerto Rico established pursuant to such amendments
shall not apply for purposes of this Act), of which--
[(A) $10,000,000 is for the National Institute of Justice
in assisting units of local government to identify, select,
develop, modernize, and purchase new technologies for use by
law enforcement; and
[(B) $85,000,000 for Boys and Girls Clubs in public housing
facilities and other areas in cooperation with State and
local law enforcement, as authorized by section 401 of Public
Law 104-294 (42 U.S.C. 13751 note);
[(2) $355,000,000 (increased by $50,000,000) for the State
Criminal Alien Assistance Program, as authorized by section
242(j) of the Immigration and Nationality Act;
[(3) $30,000,000 for the Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments only for costs associated with the
prosecution of criminal cases declined by local United States
Attorneys offices;
[(4) $110,000,000 for discretionary grants authorized by
subpart 2 of part E, of title I of the 1968 Act,
notwithstanding the provisions of section 511 of said Act;
[(5) $10,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of Public
Law 106-386;
[(6) $871,000 for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994
Act;
[(7) $40,000,000 for Drug Courts, as authorized by Part EE
of the 1968 Act;
[(8) $10,000,000 for a prescription drug monitoring
program;
[(9) $40,000,000 for prison rape prevention and prosecution
programs, as authorized by the Prison Rape Elimination Act of
2003 (Public Law 108-79), of which $2,175,000 shall be
transferred to the National Prison Rape Elimination
Commission for authorized activities;
[(10) $25,000,000 for grants for residential substance
abuse treatment for State prisoners, as authorized by part S
of the 1968 Act;
[(11) $10,359,000 for a program to improve State and local
law enforcement intelligence capabilities including
antiterrorism training and training to ensure that
constitutional rights, civil liberties, civil rights, and
privacy interests are protected throughout the intelligence
process;
[(12) $10,000,000 for a capital litigation improvement
grant program; and
[(13) $11,600,000 for a cannabis eradication program to be
administered by the Drug Enforcement Administration:
Provided, That, if a unit of local government uses any of the
funds made available under this title to increase the number
of law enforcement officers, the unit of local government
will achieve a net gain in the number of law enforcement
officers who perform nonadministrative public safety service.
[Weed and Seed Program Fund
[For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to
implement ``Weed and Seed'' program activities, $50,000,000,
to remain available until September 30, 2007, for inter-
governmental agreements, including grants, cooperative
agreements, and contracts, with State and local law
enforcement agencies, non-profit organizations, and agencies
of local government engaged in the investigation and
prosecution of violent and gang-related crimes and drug
offenses in ``Weed and Seed'' designated communities, and for
either reimbursements or transfers to appropriation accounts
of the Department of Justice and other Federal agencies which
shall be specified by the Attorney General to execute the
``Weed and Seed'' program strategy: Provided, That funds
designated by Congress through language for other Department
of Justice appropriation accounts for ``Weed and Seed''
program activities shall be managed and executed by the
Attorney General through the Executive Office for Weed and
Seed: Provided further, That the Attorney General may direct
the use of other Department of Justice funds and personnel in
support of ``Weed and Seed'' program activities only after
the Attorney General notifies the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with section 605 of this Act: Provided further,
That of the funds appropriated for the Executive Office for
Weed and Seed, not to exceed $2,000,000 shall be directed for
comprehensive community development training and technical
assistance.
[community oriented policing services
[For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (including
administrative costs), $520,057,000 (increased by $2,500,000)
(increased by $10,000,000) (increased by $34,000,000), to
remain available until expended: Provided, That of the funds
under this heading, not to exceed $2,575,000 shall be
available for the Office of Justice Programs for reimbursable
services associated with programs administered by the
Community Oriented Policing Services Office: Provided
further, That section 1703(b) and (c) of the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act'') shall
not apply to non-hiring grants made pursuant to part Q of
title I thereof (42 U.S.C. 3796dd et seq.): Provided further,
That up to $29,000,000 of balances made available as a result
of prior year deobligations may be obligated for program
management and administration: Provided further, That any
balances made available as a result of prior year
deobligations in excess of $29,000,000 shall only be
obligated in accordance with section 605 of this Act. Of the
amounts provided--
[(1) $30,000,000 is for the matching grant program for law
enforcement armor vests as authorized by section 2501 of part
Y of the 1968 Act, of which not to exceed $3,000,000 shall be
for the National Institute of Justice to test and evaluate
vests;
[(2) $60,000,000 (increased by $34,000,000) is for policing
initiatives to combat methamphetamine production and
trafficking and to enhance policing initiatives in ``drug hot
spots'';
[(3) $120,000,000 is for a law enforcement technologies and
interoperable communications program;
[(4) $25,000,000 (increased by $2,500,000) is for grants to
upgrade criminal records, as authorized under the Crime
Identification Technology Act of 1998 (42 U.S.C. 14601);
[(5) $10,000,000 is for an offender re-entry program;
[(6) $177,057,000 is for a DNA analysis and capacity
enhancement program, and for other State, local and Federal
forensic activities;
[(7) $38,000,000 is for law enforcement assistance to
Indian tribes; and
[(8) $60,000,000 for a national program to reduce gang
violence.
[Juvenile Justice Programs
[For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the Act''), and other juvenile
justice programs, including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $333,712,000, to
remain available until expended, as follows--
[(1) $712,000 for concentration of Federal efforts, as
authorized by section 204 of the Act;
[(2) $83,000,000 for State and local programs authorized by
section 221 of the Act, including training and technical
assistance to assist small, non-profit organizations with the
Federal grants process;
[(3) $70,000,000 for demonstration projects, as authorized
by sections 261 and 262 of the Act;
[(4) $5,000,000 for juvenile mentoring programs;
[(5) $80,000,000 for delinquency prevention, as authorized
by section 505 of the Act, of which--
[(A) $10,000,000 shall be for the Tribal Youth Program;
[(B) $25,000,000 shall be for a gang resistance education
and training program; and
[(C) $25,000,000 shall be for grants of $360,000 to each
State and $6,640,000 shall be available for discretionary
grants to States, for programs and activities to enforce
State laws prohibiting the sale of alcoholic beverages to
minors or the purchase or consumption of alcoholic beverages
by minors, prevention and reduction of consumption of
alcoholic beverages by minors, and for technical assistance
and training;
[(6) $5,000,000 for Project Childsafe;
[(7) $15,000,000 for the Secure Our Schools Act as
authorized by Public Law 106-386;
[(8) $15,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990; and
[(9) $60,000,000 for the Juvenile Accountability Block
Grants program as authorized by Public Law 107-273 and Guam
shall be considered a State:
Provided, That not more than 10 percent of each amount may be
used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of each amount
may be used for training and technical assistance: Provided
further, That the previous two provisos shall not apply to
demonstration projects, as authorized by sections 261 and 262
of the Act.
[Public Safety Officers Benefits
[To remain available until expended, for payments
authorized by part L of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796), such sums as
are necessary, as authorized by section 6093 of Public Law
100-690 (102 Stat. 4339-4340); and $4,884,000, to remain
available until expended for payments as authorized by
section 1201(b) of said Act; and $4,064,000 for educational
assistance, as authorized by section 1212 of the 1968 Act.
[General Provisions--Department of Justice
[Sec. 101. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of
[[Page S9749]]
not to exceed $60,000 from funds appropriated to the
Department of Justice in this title shall be available to the
Attorney General for official reception and representation
expenses.
[Sec. 102. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That
should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null
and void.
[Sec. 103. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
[Sec. 104. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 103 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
[Sec. 105. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
[Sec. 106. The Attorney General is authorized to extend
through September 30, 2007, the Personnel Management
Demonstration Project transferred to the Attorney General
pursuant to section 1115 of the Homeland Security Act of
2002, Public Law 107-296 (6 U.S.C. 533) without limitation on
the number of employees or the positions covered.
[Sec. 107. None of the funds made available in this Act may
be used by the Drug Enforcement Administration to establish a
procurement quota following the approval of a new drug
application or an abbreviated new drug application for a
controlled substance.
[Sec. 108. The limitation established in the preceding
section shall not apply to any new drug application or
abbreviated new drug application for which the Drug
Enforcement Administration has reviewed and provided public
comments on labeling, promotion, risk management plans, and
any other documents.
[Sec. 109. Notwithstanding any other provision of law,
Public Law 102-395 section 102(b) shall extend to the Bureau
of Alcohol, Tobacco, Firearms and Explosives in the conduct
of undercover investigative operations and shall apply
without fiscal year limitation with respect to any undercover
investigative operation initiated by the Bureau of Alcohol,
Tobacco, Firearms and Explosives that is necessary for the
detection and prosecution of crimes against the United
States.
[Sec. 110. Any funds provided in this Act under
``Department of Justice'' used to implement E-Government
Initiatives shall be subject to the procedures set forth in
section 605 of this Act.
[Sec. 111. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
[Sec. 112. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, to rent or purchase videocassettes, videocassette
recorders, or other audiovisual or electronic equipment used
primarily for recreational purposes.
[(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic
equipment for inmate training, religious, or educational
programs.
[This title may be cited as the ``Department of Justice
Appropriations Act, 2006''.
[TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
[Trade and Infrastructure Development
[RELATED AGENCIES
[Office of the United States Trade Representative
[Salaries and Expenses
[For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $44,779,000, of which $1,000,000
shall remain available until expended: Provided, That not to
exceed $124,000 shall be available for official reception and
representation expenses: Provided further, That not less than
$2,000,000 provided under this heading shall be for expenses
authorized by 19 U.S.C. 2451 and 1677b(c).
[International Trade Commission
[salaries and expenses
[For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,500 for official reception and representation expenses,
$62,752,000, to remain available until expended.
[DEPARTMENT OF COMMERCE
[International Trade Administration
[Operations and administration
[For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to 44 U.S.C. 3702 and 3703; full medical coverage for
dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas;
travel and transportation of employees of the United States
and Foreign Commercial Service between two points abroad,
without regard to 49 U.S.C. 40118; employment of Americans
and aliens by contract for services; rental of space abroad
for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in
the first paragraph of 28 U.S.C. 2672 when such claims arise
in foreign countries; not to exceed $327,000 for official
representation expenses abroad; purchase of passenger motor
vehicles for official use abroad, not to exceed $45,000 per
vehicle; obtaining insurance on official motor vehicles; and
rental of tie lines, $406,925,000, of which $13,000,000 is to
be derived from fees to be retained and used by the
International Trade Administration, notwithstanding 31 U.S.C.
3302: Provided, That $47,434,000 shall be for Manufacturing
and Services; $39,815,000 shall be for Market Access and
Compliance; $62,134,000 shall be for the Import
Administration of which not less than $3,000,000 is for the
Office of China Compliance; $231,722,000 shall be for the
United States and Foreign Commercial Service; and $25,820,000
shall be for Executive Direction and Administration: Provided
further, That the provisions of the first sentence of section
105(f) and all of section 108(c) of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities without
regard to section 5412 of the Omnibus Trade and
Competitiveness Act of 1988 (15 U.S.C. 4912); and that for
the purpose of this Act, contributions under the provisions
of the Mutual Educational and Cultural Exchange Act of 1961
shall include payment for assessments for services provided
as part of these activities.
[Bureau of Industry and Security
[Operations and administration
[For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $15,000 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
22 U.S.C. 401(b); and purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use
with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established
by law, $77,000,000, to remain available until expended, of
which $14,767,000 shall be for inspections and other
activities related to national security: Provided, That the
provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for
materials or services provided as part of such activities may
be retained for use in covering the cost of such activities,
and for providing information to the public with respect to
the export administration and national security activities of
the Department of Commerce and other export control programs
of the United States and other governments.
[Economic Development Administration
[Economic development assistance programs
[For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, and
for trade adjustment assistance, $200,985,000, to remain
available until expended.
[Salaries and expenses
[For necessary expenses of administering the economic
development assistance programs as provided for by law,
$26,584,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.
[Minority Business Development Agency
[Minority business development
[For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$30,024,000.
[[Page S9750]]
[Economic and Information Infrastructure
[Economic and Statistical Analysis
[Salaries and expenses
[For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $80,304,000, to remain available until September
30, 2007.
[Bureau of the Census
[Salaries and expenses
[For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $208,029,000 (reduced by $10,000,000).
[Periodic censuses and programs
[For necessary expenses related to the 2010 decennial
census, $463,596,000 (reduced by $10,000,000), to remain
available until September 30, 2007: Provided, That of the
total amount available related to the 2010 decennial census,
$213,849,000 (reduced by $10,000,000) is for the Re-
engineered Design Process for the Short-Form Only Census,
$169,948,000 is for the American Community Survey, and
$79,799,000 is for the Master Address File/Topologically
Integrated Geographic Encoding and Referencing (MAF/TIGER)
system.
[In addition, for expenses to collect and publish
statistics for other periodic censuses and programs provided
for by law, $160,612,000, to remain available until September
30, 2007, of which $72,928,000 is for economic statistics
programs and $87,684,000 is for demographic statistics
programs: Provided, That regarding construction of a facility
at the Suitland Federal Center, quarterly reports regarding
the expenditure of funds and project planning, design and
cost decisions shall be provided by the Bureau, in
cooperation with the General Services Administration, to the
Committees on Appropriations of the Senate and the House of
Representatives: Provided further, That none of the funds
provided in this or any other Act under the heading ``Bureau
of the Census, Periodic Censuses and Programs'' shall be used
to fund the construction and tenant build-out costs of a
facility at the Suitland Federal Center: Provided further,
That none of the funds provided in this or any other Act for
any fiscal year may be used for the collection of Census data
on race identification that does not include ``some other
race'' as a category.
[National Telecommunications and Information Administration
[Salaries and expenses
[For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $17,716,000: Provided, That, notwithstanding 31
U.S.C. 1535(d), the Secretary of Commerce shall charge
Federal agencies for costs incurred in spectrum management,
analysis, and operations, and related services and such fees
shall be retained and used as offsetting collections for
costs of such spectrum services, to remain available until
expended: Provided further, That the Secretary of Commerce is
authorized to retain and use as offsetting collections all
funds transferred, or previously transferred, from other
Government agencies for all costs incurred in
telecommunications research, engineering, and related
activities by the Institute for Telecommunication Sciences of
NTIA, in furtherance of its assigned functions under this
paragraph, and such funds received from other Government
agencies shall remain available until expended.
[Public telecommunications facilities, planning and construction
[For the administration of the program as authorized by
section 392 of the Communications Act of 1934, $2,000,000, to
remain available until expended as authorized by section 391
of the Act.
[United States Patent and Trademark Office
[Salaries and expenses
[For necessary expenses of the United States Patent and
Trademark Office provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the United States
Patent and Trademark Office, $1,703,300,000, to remain
available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to 15
U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during
fiscal year 2006, so as to result in a fiscal year 2006
appropriation from the general fund estimated at $0: Provided
further, That during fiscal year 2006, should the total
amount of offsetting fee collections be less than
$1,703,300,000, this amount shall be reduced accordingly:
Provided further, That not less than 657 full-time
equivalents, 690 positions and $85,017,000 shall be for the
examination of trademark applications; and not less than
6,050 full-time equivalents, 6,304 positions and $926,356,000
shall be for the examination and searching of patent
applications: Provided further, That not more than 265 full-
time equivalents, 272 positions and $37,490,000 shall be for
the Office of the General Counsel: Provided further, That not
more than 82 full-time equivalents, 83 positions and
$25,393,000 shall be for the Office of the Administrator for
External Affairs: Provided further, That from amounts
provided herein, not to exceed $1,000 shall be made available
in fiscal year 2006 for official reception and representation
expenses: Provided further, That notwithstanding section 1353
of title 31, United States Code, no employee of the United
States Patent and Trademark Office may accept payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling
an employee to attend and participate in a convention,
conference, or meeting when the entity offering payment or
reimbursement is a person or corporation subject to
regulation by the Office, or represents a person or
corporation subject to regulation by the Office, unless the
person or corporation is an organization exempt from taxation
pursuant to section 501(c)(3) of the Internal Revenue Code of
1986: Provided further, That in fiscal year 2006, from the
amounts made available for ``Salaries and Expenses'' for the
United States Patent and Trademark Office (PTO), the amounts
necessary to pay: (1) the difference between the percentage
of basic pay contributed by the PTO and employees under
section 8334(a) of title 5, United States Code, and the
normal cost percentage (as defined by section 8331(17) of
that title) of basic pay, of employees subject to subchapter
III of chapter 83 of that title; and (2) the present value of
the otherwise unfunded accruing costs, as determined by the
Office of Personnel Management, of post-retirement life
insurance and post-retirement health benefits coverage for
all PTO employees, shall be transferred to the Civil Service
Retirement and Disability Fund, the Employees Life Insurance
Fund, and the Employees Health Benefits Fund, as appropriate,
and shall be available for the authorized purposes of those
accounts.
[Science and Technology
[Technology Administration
[Salaries and expenses
[For necessary expenses for the Under Secretary for
Technology Office of Technology Policy, $6,460,000.
[National Institute of Standards and Technology
[Scientific and technical research and services
[For necessary expenses of the National Institute of
Standards and Technology, $397,744,000, to remain available
until expended, of which not to exceed $760,000 may be
transferred to the ``Working Capital Fund''.
[manufacturing extension partnerships
[For necessary expenses of Manufacturing Extension
Partnerships of the National Institute of Standards and
Technology, $106,000,000, to remain available until expended.
[Construction of research facilities
[For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by 15 U.S.C. 278c-278e, $45,000,000, to remain
available until expended.
[National Oceanic and Atmospheric Administration
[Operations, research, and facilities
[(INCLUDING TRANSFER OF FUNDS)
[For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft and
vessels; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of
facilities, $2,444,000,000 (reduced by $50,000,000), to
remain available until September 30, 2007: Provided, That
fees and donations received by the National Ocean Service for
the management of national marine sanctuaries may be retained
and used for the salaries and expenses associated with those
activities, notwithstanding 31 U.S.C. 3302: Provided further,
That in addition, $3,000,000 shall be derived by transfer
from the fund entitled ``Coastal Zone Management'' and in
addition $77,000,000 shall be derived by transfer from the
fund entitled ``Promote and Develop Fishery Products and
Research Pertaining to American Fisheries'': Provided
further, That of the $2,543,000,000 (reduced by $50,000,000)
provided for in direct obligations under this heading
$2,444,000,000 (reduced by $50,000,000) is appropriated from
the General Fund, $80,000,000 is provided by transfer, and
$19,000,000 is derived from deobligations from prior years:
Provided further, That no general administrative charge shall
be applied against an assigned activity included in this Act
or the report accompanying this Act: Provided further, That
the total amount available for the National Oceanic and
Atmospheric Administration corporate services administrative
support costs shall not exceed $189,010,000: Provided
further, That payments of funds made available under this
heading to the Department of Commerce Working Capital Fund
including Department of Commerce General Counsel legal
services shall not exceed $40,700,000: Provided further, That
any deviation from the amounts designated for specific
activities in the report accompanying this Act, or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 605 of this Act.
[In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents Medical
Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
[[Page S9751]]
[Procurement, acquisition and construction
[For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration, $936,000,000
to remain available until September 30, 2008: Provided, That
of the amounts provided for the National Polar-orbiting
Operational Environmental Satellite System, funds shall only
be made available on a dollar for dollar matching basis with
funds provided for the same purpose by the Department of
Defense: Provided further, That except to the extent
expressly prohibited by any other law, the Department of
Defense may delegate procurement functions related to the
National Polar-orbiting Operational Environmental Satellite
System to officials of the Department of Commerce pursuant to
section 2311 of title 10, United States Code: Provided
further, That any deviation from the amounts designated for
specific activities in the report accompanying this Act, or
any use of deobligated balances of funds provided under this
heading in previous years, shall be subject to the procedures
set forth in section 605 of this Act: Provided further, That
none of the funds provided in this Act or any other Act under
the heading ``National Oceanic and Atmospheric
Administration, Procurement, Acquisition and Construction''
shall be used to fund the General Services Administration's
standard construction and tenant build-out costs of a
facility at the Suitland Federal Center.
[Pacific coastal salmon recovery
[For necessary expenses associated with the restoration of
Pacific salmon populations, $50,000,000: Provided, That this
amount shall be available to fund grants to the States of
Washington, Oregon, Idaho, California, and Alaska, and to the
Columbia River and Pacific Coastal Tribes for projects
necessary for restoration of salmon and steelhead populations
that are listed as threatened or endangered, or identified by
a State as at-risk to be so-listed, for maintaining
populations necessary for exercise of tribal treaty fishing
rights or native subsistence fishing, or for conservation of
Pacific coastal salmon and steelhead habitat: Provided
further, That funds disbursed to States shall be subject to a
matching requirement of funds or documented in-kind
contributions of at least thirty-three percent of the Federal
funds: Provided further, That, in order to fulfill the
matching requirement in the previous proviso, non-Federal
contributions of funds pursuant to the previous proviso must
be used in direct support of this program.
[Coastal zone management fund
[Of amounts collected pursuant to section 308 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1456a), not to
exceed $3,000,000 shall be transferred to the ``Operations,
Research, and Facilities'' account to offset the costs of
implementing such Act.
[Fisheries finance program account
[For the costs of direct loans, $60,000, as authorized by
the Merchant Marine Act of 1936: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in the Federal Credit Reform Act of 1990: Provided
further, That these funds are only available to subsidize
gross obligations for the principal amount of direct loans
not to exceed $5,000,000 for Individual Fishing Quota loans,
and not to exceed $18,900,000 for fishing capacity reduction
loans: Provided further, That none of the funds made
available under this heading may be used for direct loans for
any new fishing vessel that will increase the harvesting
capacity in any United States fishery.
[Other
[Departmental Management
[Salaries and expenses
[For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official entertainment, $47,466,000:
Provided, That not to exceed 12 full-time equivalents and
$1,621,000 shall be expended for the legislative affairs
function of the Department.
[Office of Inspector General
[For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $22,758,000.
[General Provisions--Department of Commerce
[Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
[Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
[Sec. 203. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance
of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically
provided for in this or any other Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act.
[Sec. 204. Any costs incurred by a department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title or from actions taken for the care and protection of
loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
[Sec. 205. Any funds provided in this Act under
``Department of Commerce'' used to implement E-Government
Initiatives shall be subject to the procedures set forth in
section 605 of this Act.
[This title may be cited as the ``Department of Commerce
and Related Agencies Appropriations Act, 2006''.
[TITLE III--SCIENCE
[Office of Science and Technology Policy
[For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601-6671), hire of
passenger motor vehicles, and services as authorized by 5
U.S.C. 3109, not to exceed $2,500 for official reception and
representation expenses, and rental of conference rooms in
the District of Columbia, $5,564,000.
[National Aeronautics and Space Administration
[Science, Aeronautics And Exploration
[(including transfer of funds)
[For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics and exploration
research and development activities, including research,
development, operations, support and services; maintenance;
construction of facilities including repair, rehabilitation,
revitalization, and modification of facilities, construction
of new facilities and additions to existing facilities,
facility planning and design, and restoration, and
acquisition or condemnation of real property, as authorized
by law; environmental compliance and restoration; space
flight, spacecraft control and communications activities
including operations, production, and services; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor
vehicles; not to exceed $35,000 for official reception and
representation expenses; and purchase, lease, charter,
maintenance and operation of mission and administrative
aircraft, $9,725,750,000, to remain available until September
30, 2007, of which amounts as determined by the Administrator
for salaries and benefits; training, travel and awards;
facility and related costs; information technology services;
science, engineering, fabricating and testing services; and
other administrative services may be transferred to
``Exploration Capabilities'' in accordance with section
312(b) of the National Aeronautics and Space Act of 1958, as
amended by Public Law 106-377: Provided, That any funds
provided under this heading used to implement E-Government
Initiatives shall be subject to the procedures set forth in
section 605 of this Act.
[Exploration Capabilities
[(including transfer of funds)
[For necessary expenses, not otherwise provided for, in the
conduct and support of exploration capabilities research and
development activities, including research, development,
operations, support and services; maintenance; construction
of facilities including repair, rehabilitation,
revitalization and modification of facilities, construction
of new facilities and additions to existing facilities,
facility planning and design, and acquisition or condemnation
of real property, as authorized by law; environmental
compliance and restoration; space flight, spacecraft control
and communications activities including operations,
production, and services; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; not to exceed $35,000
for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of
mission and administrative aircraft, $6,712,900,000, to
remain available until September 30, 2007, of which amounts
as determined by the Administrator for salaries and benefits;
training, travel and
[[Page S9752]]
awards; facility and related costs; information technology
services; science, engineering, fabricating and testing
services; and other administrative services may be
transferred to ``Science, Aeronautics and Exploration'' in
accordance with section 312(b) of the National Aeronautics
and Space Act of 1958, as amended by Public Law 106-377:
Provided, That any funds provided under this heading used to
implement E-Government Initiatives shall be subject to the
procedures set forth in section 605 of this Act.
[Office of Inspector General
[For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as
amended, $32,400,000.
[Administrative Provisions
[Notwithstanding the limitation on the availability of
funds appropriated for ``Science, Aeronautics and
Exploration'', or ``Exploration Capabilities'' by this
appropriations Act, when any activity has been initiated by
the incurrence of obligations for construction of facilities
or environmental compliance and restoration activities as
authorized by law, such amount available for such activity
shall remain available until expended. This provision does
not apply to the amounts appropriated for institutional minor
revitalization and construction of facilities, and
institutional facility planning and design.
[Notwithstanding the limitation on the availability of
funds appropriated for ``Science, Aeronautics and
Exploration'', or ``Exploration Capabilities'' by this
appropriations Act, the amounts appropriated for construction
of facilities shall remain available until September 30,
2008.
[From amounts made available in this Act for these
activities, subject to the operating plan procedures of the
House and Senate Committees on Appropriations, the
Administrator may transfer amounts between the ``Science,
Aeronautics, and Exploration'' account and the ``Exploration
Capabilities'' account during fiscal year 2006.
[Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the
prize is claimed or the offer is withdrawn.
[Funding made available under the headings ``Exploration
Capabilities'' and ``Science, Aeronautics, and Exploration''
in this Act shall be governed by the terms and conditions
specified in the statement of managers accompanying the
conference report for this Act.
[National Science Foundation
[Research and related activities
[For necessary expenses in carrying out the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), and the Act to establish a National Medal of Science
(42 U.S.C. 1880-1881); services as authorized by 5 U.S.C.
3109; maintenance and operation of aircraft and purchase of
flight services for research support; acquisition of
aircraft; $4,377,520,000 to remain available until September
30, 2007, of which not to exceed $425,000,000 shall remain
available until expended for Polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other
related activities for the United States Antarctic program:
Provided, That from amounts specified for Polar research and
operations support, the National Science Foundation may
reimburse the Coast Guard for such sums as determined by the
Director of the National Science Foundation to be necessary
to support the Foundation's mission requirements: Provided
further, That any reimbursement pursuant to the previous
proviso shall be treated as a reprogramming under section 605
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section: Provided further, That receipts for
scientific support services and materials furnished by the
National Research Centers and other National Science
Foundation supported research facilities may be credited to
this appropriation: Provided further, That funds under this
heading may be available for innovation inducement prizes.
[Major research equipment and facilities construction
[For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950, as amended,
including authorized travel, $193,350,000, to remain
available until expended.
[Education and human resources
[For necessary expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), including services as
authorized by 5 U.S.C. 3109, and rental of conference rooms
in the District of Columbia, $807,000,000, to remain
available until September 30, 2007.
[salaries and expenses
[For salaries and expenses necessary in carrying out the
National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875); services authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; not to exceed $9,000 for
official reception and representation expenses; uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
rental of conference rooms in the District of Columbia; and
reimbursement of the General Services Administration for
security guard services; $250,000,000: Provided, That
contracts may be entered into under ``Salaries and Expenses''
in fiscal year 2006 for maintenance and operation of
facilities, and for other services, to be provided during the
next fiscal year.
[Office of the National Science Board
[For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950 (42
U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,000,000: Provided, That not more than $9,000 shall be
available for official reception and representation expenses.
[office of inspector general
[For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978, as
amended, $11,500,000, to remain available until September 30,
2007.
[This title may be cited as the ``Science Appropriations
Act, 2006''.
[TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
[DEPARTMENT OF STATE
[Administration of Foreign Affairs
[Diplomatic and Consular Programs
[For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
employment, without regard to civil service and
classification laws, of persons on a temporary basis (not to
exceed $700,000 of this appropriation), as authorized by
section 801 of the United States Information and Educational
Exchange Act of 1948; representation to certain international
organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and
consent of the Senate or specific Acts of Congress; arms
control, nonproliferation and disarmament activities as
authorized; acquisition by exchange or purchase of passenger
motor vehicles as authorized by law; and for expenses of
general administration, $3,747,118,000: Provided, That not to
exceed 71 permanent positions and $9,804,000 shall be for the
Bureau of Legislative Affairs: Provided further, That, of the
amount made available under this heading, not to exceed
$4,000,000 may be transferred to, and merged with, funds in
the ``Emergencies in the Diplomatic and Consular Service''
appropriations account, to be available only for emergency
evacuations and terrorism rewards: Provided further, That, of
the amount made available under this heading, $340,000,000
shall be available only for public diplomacy international
information programs: Provided further, That of the amount
made available under this heading, $3,000,000 shall be
available only for the operations of the Office on Right-
Sizing the United States Government Overseas Presence:
Provided further, That funds available under this heading may
be available for a United States Government interagency task
force to examine, coordinate and oversee United States
participation in the United Nations headquarters renovation
project: Provided further, That no funds may be obligated or
expended for processing licenses for the export of satellites
of United States origin (including commercial satellites and
satellite components) to the People's Republic of China
unless, at least 15 days in advance, the Committees on
Appropriations of the House of Representatives and the Senate
are notified of such proposed action.
[In addition, not to exceed $1,469,000 shall be derived
from fees collected from other executive agencies for lease
or use of facilities located at the International Center in
accordance with section 4 of the International Center Act; in
addition, as authorized by section 5 of such Act, $490,000,
to be derived from the reserve authorized by that section, to
be used for the purposes set out in that section; in
addition, as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$6,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures, and
publication programs and from fees from educational advising
and counseling and exchange visitor programs; and, in
addition, not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
[In addition, for the costs of worldwide security upgrades,
$689,523,000, to remain available until expended.
[Capital Investment Fund
[For necessary expenses of the Capital Investment Fund,
$128,263,000 (reduced by $59,142,000), to remain available
until expended, as authorized: Provided, That section 135(e)
of Public Law 103-236 shall not apply to funds available
under this heading.
[Office of Inspector General
[For necessary expenses of the Office of Inspector General,
$29,983,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96-465), as it relates to
post inspections.
[Educational and Cultural Exchange Programs
[For expenses of educational and cultural exchange
programs, as authorized,
[[Page S9753]]
$410,400,000, to remain available until expended: Provided,
That not to exceed $2,000,000, to remain available until
expended, may be credited to this appropriation from fees or
other payments received from or in connection with English
teaching, educational advising and counseling programs, and
exchange visitor programs as authorized.
[Representation Allowances
[For representation allowances as authorized, $8,281,000.
[Protection of Foreign Missions and Officials
[For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $9,390,000, to remain available
until September 30, 2007.
[Embassy Security, Construction, and Maintenance
[For necessary expenses for carrying out the Foreign
Service Buildings Act of 1926 (22 U.S.C. 292-303),
preserving, maintaining, repairing, and planning for
buildings that are owned or directly leased by the Department
of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the
Diplomatic Security Construction Program as authorized,
$603,510,000, to remain available until expended as
authorized, of which not to exceed $25,000 may be used for
domestic and overseas representation as authorized: Provided,
That none of the funds appropriated in this paragraph shall
be available for acquisition of furniture, furnishings, or
generators for other departments and agencies.
[In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $910,200,000, to
remain available until expended.
[Emergencies in the Diplomatic and Consular Service
[For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $10,000,000, to remain available until
expended as authorized, of which not to exceed $1,000,000 may
be transferred to and merged with the Repatriation Loans
Program Account, subject to the same terms and conditions.
[Repatriation Loans Program Account
[For the cost of direct loans, $712,000, as authorized:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974. In addition, for
administrative expenses necessary to carry out the direct
loan program, $607,000, which may be transferred to and
merged with the Diplomatic and Consular Programs account
under Administration of Foreign Affairs.
[Payment to the American Institute in Taiwan
[For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $19,751,000.
[Payment to the Foreign Service Retirement and Disability Fund
[For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $131,700,000.
[International Organizations
[Contributions to International Organizations
[For expenses, not otherwise provided for, necessary to
meet annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $1,166,212,000 (reduced by
$21,947,600): Provided, That the Secretary of State shall, at
the time of the submission of the President's budget to
Congress under section 1105(a) of title 31, United States
Code, transmit to the Committees on Appropriations of the
Senate and of the House of Representatives the most recent
biennial budget prepared by the United Nations for the
operations of the United Nations: Provided further, That the
Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an
emergency, as far in advance as is practicable) of any United
Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere
in the United Nations budget and cause the United Nations
budget for the biennium 2006-2007 to exceed the revised
United Nations budget level for the biennium 2004-2005 of
$3,695,480,000: Provided further, That any payment of
arrearages under this title shall be directed toward special
activities that are mutually agreed upon by the United States
and the respective international organization: Provided
further, That none of the funds appropriated in this
paragraph shall be available for a United States contribution
to an international organization for the United States share
of interest costs made known to the United States Government
by such organization for loans incurred on or after October
1, 1984, through external borrowings.
[Contributions for International Peacekeeping Activities
[For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $1,035,500,000, of which 15 percent shall remain
available until September 30, 2007: Provided, That none of
the funds made available under this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping
mission unless, at least 15 days in advance of voting for the
new or expanded mission in the United Nations Security
Council (or in an emergency as far in advance as is
practicable): (1) the Committees on Appropriations of the
House of Representatives and the Senate and other appropriate
committees of the Congress are notified of the estimated cost
and length of the mission, the vital national interest that
will be served, and the planned exit strategy; (2) the
Committees on Appropriations of the House of Representatives
and the Senate and other appropriate committees of the
Congress are notified that the United Nations has taken
appropriate measures to prevent United Nations employees,
contractor personnel, and peacekeeping forces serving in any
United Nations peacekeeping mission from trafficking in
persons, exploiting victims of trafficking, or committing
acts of illegal sexual exploitation, and to hold accountable
any such individuals who engage in any such acts while
participating in the peacekeeping mission; and (3) a
reprogramming of funds pursuant to section 605 of this Act is
submitted, and the procedures therein followed, setting forth
the source of funds that will be used to pay for the cost of
the new or expanded mission: Provided further, That funds
shall be available for peacekeeping expenses only upon a
certification by the Secretary of State to the appropriate
committees of the Congress that American manufacturers and
suppliers are being given opportunities to provide equipment,
services, and material for United Nations peacekeeping
activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of
the funds made available under this heading are available to
pay the United States share of the cost of court monitoring
that is part of any United Nations peacekeeping mission.
[International Commissions
[For necessary expenses, not otherwise provided for, to
meet obligations of the United States arising under treaties,
or specific Acts of Congress, as follows:
[international boundary and water commission, united states and mexico
[For necessary expenses for the United States Section of
the International Boundary and Water Commission, United
States and Mexico, and to comply with laws applicable to the
United States Section, including not to exceed $6,000 for
representation; as follows:
[salaries and expenses
[For salaries and expenses, not otherwise provided for,
$27,000,000.
[Construction
[For detailed plan preparation and construction of
authorized projects, $5,300,000, to remain available until
expended, as authorized.
[American Sections, International Commissions
[For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and for the Border Environment Cooperation
Commission as authorized by Public Law 103-182, $9,500,000,
of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint
Commission.
[International Fisheries Commissions
[For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $22,000,000: Provided, That the United States' share of
such expenses may be advanced to the respective commissions
pursuant to 31 U.S.C. 3324.
[Other
[Payment to the Asia Foundation
[For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), $10,000,000, to remain
available until expended, as authorized.
[Eisenhower Exchange Fellowship Program
[For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2006, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by 5 U.S.C. 5376; or for purposes which are
not in accordance with OMB Circulars A-110 (Uniform
Administrative Requirements) and A-122 (Cost Principles for
Non-profit Organizations), including the restrictions on
compensation for personal services.
[israeli arab scholarship program
[For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C.
2452), all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2006, to remain
available until expended.
[East-West Center
[To enable the Secretary of State to provide for carrying
out the provisions of the
[[Page S9754]]
Center for Cultural and Technical Interchange Between East
and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of
Hawaii, $6,000,000: Provided, That none of the funds
appropriated herein shall be used to pay any salary, or enter
into any contract providing for the payment thereof, in
excess of the rate authorized by 5 U.S.C. 5376.
[National Endowment for Democracy
[For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National
Endowment for Democracy Act, $50,000,000, to remain available
until expended.
[RELATED AGENCY
[Broadcasting Board of Governors
[International Broadcasting Operations
[For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international
communication activities, including the purchase,
installation, rent, and improvement of facilities for radio
and television transmission and reception to Cuba, and to
make and supervise grants for radio and television
broadcasting to the Middle East, $620,000,000: Provided, That
of the total amount in this heading, not to exceed $16,000
may be used for official receptions within the United States
as authorized, not to exceed $35,000 may be used for
representation abroad as authorized, and not to exceed
$39,000 may be used for official reception and representation
expenses of Radio Free Europe/Radio Liberty; and in addition,
notwithstanding any other provision of law, not to exceed
$2,000,000 in receipts from advertising and revenue from
business ventures, not to exceed $500,000 in receipts from
cooperating international organizations, and not to exceed
$1,000,000 in receipts from privatization efforts of the
Voice of America and the International Broadcasting Bureau,
to remain available until expended for carrying out
authorized purposes.
[Broadcasting Capital Improvements
[For the purchase, rent, construction, and improvement of
facilities for radio and television transmission and
reception, and purchase and installation of necessary
equipment for radio and television transmission and reception
as authorized, $10,893,000, to remain available until
expended, as authorized.
[General Provisions--Department of State and Related Agency
[Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5,
United States Code; for services as authorized by 5 U.S.C.
3109; and for hire of passenger transportation pursuant to 31
U.S.C. 1343(b).
[Sec. 402. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of State in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That not to
exceed 5 percent of any appropriation made available for the
current fiscal year for the Broadcasting Board of Governors
in this Act may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers: Provided further, That any transfer pursuant
to this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
[Sec. 403. None of the funds made available in this Act may
be used by the Department of State or the Broadcasting Board
of Governors to provide equipment, technical support,
consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
[Sec. 404. (a) The Senior Policy Operating Group on
Trafficking in Persons, established under section 406 of
division B of Public Law 108-7 to coordinate agency
activities regarding policies (including grants and grant
policies) involving the international trafficking in persons,
shall coordinate all such policies related to the activities
of traffickers and victims of severe forms of trafficking.
[(b) None of the funds provided in this or any other Act
shall be expended to perform functions that duplicate
coordinating responsibilities of the Operating Group.
[(c) The Operating Group shall continue to report only to
the authorities that appointed them pursuant to section 406
of division B of Public Law 108-7.
[Sec. 405. Any funds provided in this Act under
``Department of State'' used to implement E-Government
Initiatives shall be subject to the procedures set forth in
section 605 of this Act.
[Sec. 406. (a) Subsection (f) of section 36 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2708(f))
is amended--
[(1) by striking ``(f) Ineligibility.--An officer'' and
inserting the following:
[``(f) Ineligibility.--
[``(1) In general.--Except as provided in paragraph (2), an
officer''; and
[(2) by adding at the end the following new paragraph:
[``(2) Exception in certain circumstances.--The Secretary
may pay a reward to an officer or employee of a foreign
government (or any entity thereof) who, while in the
performance of his or her official duties, furnishes
information described in such subsection, if the Secretary
determines that such payment satisfies the following
conditions:
[``(A) Such payment is appropriate in light of the
exceptional or high-profile nature of the information
furnished pursuant to such subsection.
[``(B) Such payment may aid in furnishing further
information described in such subsection.
[``(C) Such payment is formally requested by such
agency.''.
[(b) Subsection (b) of such section (22 U.S.C. 2708(b)) is
amended in the matter preceding paragraph (1) by inserting
``or to an officer or employee of a foreign government in
accordance with subsection (f)(2)'' after ``individual''.
[This title may be cited as the ``Department of State and
Related Agency Appropriations Act, 2006''.
[TITLE V--RELATED AGENCIES
[Antitrust Modernization Commission
[salaries and expenses
[For necessary expenses of the Antitrust Modernization
Commission, as authorized by Public Law 107-273, $1,172,000,
to remain available until expended.
[Commission for the Preservation of America's Heritage Abroad
[salaries and expenses
[For expenses for the Commission for the Preservation of
America's Heritage Abroad, $499,000, as authorized by section
1303 of Public Law 99-83.
[Commission on Civil Rights
[Salaries and Expenses
[For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,096,000:
Provided, That none of the funds appropriated in this
paragraph shall be used to employ in excess of four full-time
individuals under Schedule C of the Excepted Service
exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this
paragraph shall be used to reimburse Commissioners for more
than 75 billable days, with the exception of the chairperson,
who is permitted 125 billable days.
[Commission on International Religious Freedom
[salaries and expenses
[For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $3,200,000, to remain available until expended.
[Commission on Security and Cooperation in Europe
[salaries and expenses
[For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$2,030,000, to remain available until expended as authorized
by section 3 of Public Law 99-7.
[Congressional-Executive Commission on the People's Republic of China
[salaries and expenses
[For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$1,900,000, including not more than $3,000 for the purpose of
official representation, to remain available until expended.
[Equal Employment Opportunity Commission
[Salaries and Expenses
[For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964 (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
including services as authorized by 5 U.S.C. 3109; hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343(b);
non-monetary awards to private citizens; and not to exceed
$33,000,000 for payments to State and local enforcement
agencies for services to the Commission pursuant to title VII
of the Civil Rights Act of 1964, sections 6 and 14 of the Age
Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
$331,228,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,500 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations have been
notified of such proposals, in accordance with the
reprogramming provisions of section 605 of this Act.
[Federal Communications Commission
[Salaries and Expenses
[For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$289,771,000: Provided, That $288,771,000 of offsetting
collections shall be assessed and collected pursuant to
section 9 of title I of the Communications Act of 1934, shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That
[[Page S9755]]
the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 2006
so as to result in a final fiscal year 2006 appropriation
estimated at $1,000,000: Provided further, That any
offsetting collections received in excess of $288,771,000 in
fiscal year 2006 shall remain available until expended, but
shall not be available for obligation until October 1, 2006:
Provided further, That any funds provided under this heading
used to implement E-Government Initiatives shall be subject
to the procedures set forth in section 605 of this Act.
[Federal Trade Commission
[Salaries and Expenses
[For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$211,000,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law,
not to exceed $116,000,000 of offsetting collections derived
from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, shall be
retained and used for necessary expenses in this
appropriation: Provided further, That $23,000,000 in
offsetting collections derived from fees sufficient to
implement and enforce the Telemarketing Sales Rule,
promulgated under the Telephone Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to
this account, and be retained and used for necessary expenses
in this appropriation: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2006,
so as to result in a final fiscal year 2006 appropriation
from the general fund estimated at not more than $72,000,000:
Provided further, That none of the funds made available to
the Federal Trade Commission may be used to enforce
subsection (e) of section 43 of the Federal Deposit Insurance
Act (12 U.S.C. 1831t) or section 151(b)(2) of the Federal
Deposit Insurance Corporation Improvement Act of 1991 (12
U.S.C. 1831t note).
[HELP Commission
[salaries and expenses
[For necessary expenses of the HELP Commission, $1,000,000,
to remain available until expended.
[Legal Services Corporation
[Payment to the Legal Services Corporation
[For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$330,803,000, of which $313,683,000 is for basic field
programs and required independent audits; $2,539,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $12,826,000 is for management and administration;
and $1,755,000 is for client self-help and information
technology.
[Administrative Provision--Legal Services Corporation
[None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2005 and 2006, respectively.
[Marine Mammal Commission
[Salaries and Expenses
[For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, $1,865,000.
[Securities and Exchange Commission
[Salaries and Expenses
[For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,000 for official reception and representation expenses,
$888,117,000, to remain available until expended; of which
not to exceed $10,000 may be used toward funding a permanent
secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted
by the Commission with foreign governmental and other
regulatory officials, members of their delegations,
appropriate representatives and staff to exchange views
concerning developments relating to securities matters,
development and implementation of cooperation agreements
concerning securities matters and provision of technical
assistance for the development of foreign securities markets,
such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff
and foreign invitees in attendance at such consultations and
meetings including: (1) such incidental expenses as meals
taken in the course of such attendance; (2) any travel and
transportation to or from such meetings; and (3) any other
related lodging or subsistence: Provided, That fees and
charges authorized by sections 6(b) of the Securities
Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and
31 of the Securities Exchange Act of 1934 (15 U.S.C. 78m(e),
78n(g), and 78ee), shall be credited to this account as
offsetting collections: Provided further, That not to exceed
$863,117,000 of such offsetting collections shall be
available until expended for necessary expenses of this
account: Provided further, That $25,000,000 shall be derived
from prior year unobligated balances from funds previously
appropriated to the Securities and Exchange Commission:
Provided further, That the total amount appropriated under
this heading from the general fund for fiscal year 2006 shall
be reduced as such offsetting fees are received so as to
result in a final total fiscal year 2006 appropriation from
the general fund estimated at not more than $0.
[Small Business Administration
[Salaries and Expenses
[For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law
108-447, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344, and not to exceed
$3,500 for official reception and representation expenses,
$318,029,000 (reduced by $13,441,000): Provided, That the
Administrator is authorized to charge fees to cover the cost
of publications developed by the Small Business
Administration, and certain loan servicing activities:
Provided further, That, notwithstanding 31 U.S.C. 3302,
revenues received from all such activities shall be credited
to this account, to be available for carrying out these
purposes without further appropriations: Provided further,
That, of the funds made available under this heading,
$1,000,000 shall be for the National Veterans Business
Development Corporation: Provided further, That any funds
provided under this heading used to implement E-Government
Initiatives shall be subject to the procedures set forth in
section 605 of this Act.
[Office of Inspector General
[For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $13,500,000.
[Surety Bond Guarantees Revolving Fund
[For additional capital for the Surety Bond Guarantees
Revolving Fund, authorized by the Small Business Investment
Act, as amended, $2,861,000, to remain available until
expended.
[Business Loans Program Account
[For the cost of direct loans, $1,000,000, to remain
available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That subject to section 502 of the
Congressional Budget Act of 1974, during fiscal year 2006
commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958, shall not exceed
$6,000,000,000: Provided further, That during fiscal year
2006 commitments for general business loans authorized under
section 7(a) of the Small Business Act, shall not exceed
$16,500,000,000: Provided further, That during fiscal year
2006 commitments to guarantee loans for debentures under
section 303(b) of the Small Business Investment Act of 1958,
shall not exceed $3,000,000,000: Provided further, That
during fiscal year 2006 guarantees of trust certificates
authorized by section 5(g) of the Small Business Act shall
not exceed a principal amount of $12,000,000,000.
[In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $124,961,000 (increased
by $79,132,000), which may be transferred to and merged with
the appropriations for Salaries and Expenses.
[Disaster Loans Program Account
[For the cost of direct loans authorized by section 7(b) of
the Small Business Act, $79,538,000, to remain available
until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974.
[In addition, for administrative expenses to carry out the
direct loan program authorized by section 7(b), of the Small
Business Act, $49,716,000, which may be transferred to and
merged with appropriations for Salaries and Expenses, of
which $900,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan program and shall be
transferred to and merged with appropriations for the Office
of Inspector General; of which $40,316,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program, to remain available until
expended; and of which $8,500,000 is for indirect
administrative expenses: Provided, That any amount in excess
of $8,500,000 to be transferred to and merged with
appropriations for Salaries and Expenses for indirect
administrative expenses shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
[Administrative Provision--Small Business Administration
[Not to exceed 5 percent of any appropriation made
available for the current fiscal
[[Page S9756]]
year for the Small Business Administration in this Act may be
transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant to
this paragraph shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
[State Justice Institute
[salaries and expenses
[For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act
of 1992 (Public Law 102-572), $2,000,000: Provided, That not
to exceed $2,500 shall be available for official reception
and representation expenses.
[United States-China Economic and Security Review Commission
[Salaries and Expenses
[For necessary expenses of the United States-China Economic
and Security Review Commission, $4,000,000, including not
more than $5,000 for the purpose of official representation,
to remain available until expended.
[United States Institute of Peace
[Operating Expenses
[For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $22,850,000, to remain available until expended.
[TITLE VI--GENERAL PROVISIONS
[Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
[Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
[Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
[Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
[Sec. 605. (a) None of the funds provided under this Act,
or provided under previous appropriations Acts to the
agencies funded by this Act that remain available for
obligation or expenditure in fiscal year 2006, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1)
creates new programs; (2) eliminates a program, project, or
activity; (3) increases funds or personnel by any means for
any project or activity for which funds have been denied or
restricted; (4) relocates an office or employees; (5)
reorganizes or renames offices; (6) reorganizes, programs or
activities; or (7) contracts out or privatizes any functions
or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of
Congress are notified 15 days in advance of such
reprogramming of funds.
[(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2006, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings, including savings from a reduction in personnel,
which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
[Sec. 606. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines
of the Equal Employment Opportunity Commission covering
harassment based on religion, when it is made known to the
Federal entity or official to which such funds are made
available that such guidelines do not differ in any respect
from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
[Sec. 607. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or
expend such funds that: (1) the United Nations undertaking is
a peacekeeping mission; (2) such undertaking will involve
United States Armed Forces under the command or operational
control of a foreign national; and (3) the President's
military advisors have not submitted to the President a
recommendation that such involvement is in the national
security interests of the United States and the President has
not submitted to the Congress such a recommendation.
[Sec. 608. The Departments of Commerce, Justice, and State,
the National Science Foundation, the National Aeronautics and
Space Administration, the Federal Communications Commission,
the Securities and Exchange Commission and the Small Business
Administration shall provide to the Committees on
Appropriations of the Senate and of the House of
Representatives a quarterly accounting of the cumulative
balances of any unobligated funds that were received by such
agency during any previous fiscal year.
[Sec. 609. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 609 of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1999.
[(b) The requirements in subparagraphs (A) and (B) of
section 609 of that Act shall continue to apply during fiscal
year 2006.
[Sec. 610. Any costs incurred by a department or agency
funded under this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to
such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition
to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
[Sec. 611. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
[Sec. 612. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 616 of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1999.
[(b) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2006.
[Sec. 613. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for--
[(1) the implementation of any tax or fee in connection
with the implementation of subsection 922(t) of title 18,
United States Code; and
[(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be
prohibited from possessing or receiving a firearm no more
than 24 hours after the system advises a Federal firearms
licensee that possession or receipt of a firearm by the
prospective transferee would not violate subsection (g) or
(n) of section 922 of title 18, United States Code, or State
law.
[Sec. 614. None of the funds made available in this Act may
be used to pay the salaries and expenses of personnel of the
Department of Justice to obligate more than $625,000,000
during fiscal year 2006 from the Fund established by section
1402 of chapter XIV of title II of Public Law 98-473 (42
U.S.C. 10601).
[Sec. 615. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
[Sec. 616. None of the funds appropriated or otherwise made
available to the Department of State shall be available for
the purpose of granting either immigrant or nonimmigrant
visas, or both, consistent with the determination of the
Secretary of State under section 243(d) of the Immigration
and Nationality Act, to citizens, subjects, nationals, or
residents of countries that the Secretary of Homeland
Security has determined deny or unreasonably delay accepting
the return of citizens, subjects, nationals, or residents
under that section.
[Sec. 617. 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 appropriation Act.
[Sec. 618. The Departments of Commerce, Justice, and State,
the Securities and Exchange Commission and the Small Business
Administration shall, not later than two months after the
date of the enactment of this Act, certify that telecommuting
opportunities have increased over levels certified to the
Committees on Appropriations for fiscal year 2005: Provided,
That, of the total amounts appropriated to the Departments of
[[Page S9757]]
Commerce, Justice, and State, the Securities and Exchange
Commission and the Small Business Administration, $5,000,000
shall be available to each only upon such certification:
Provided further, That each Department or agency shall
provide quarterly reports to the Committees on Appropriations
on the status of telecommuting programs, including the number
and percentage of Federal employees eligible for, and
participating in, such programs: Provided further, That each
Department or agency shall maintain a ``Telework
Coordinator'' to be responsible for overseeing the
implementation and operations of telecommuting programs, and
serve as a point of contact on such programs for the
Committees on Appropriations.
[Sec. 619. The National Aeronautics and Space
Administration and the National Science Foundation shall, not
later than two months after the date of the enactment of this
Act, certify that telecommuting opportunities are made
available to 100 percent of the eligible workforce: Provided,
That, of the total amounts appropriated to the National
Aeronautics and Space Administration and the National Science
Foundation, $5,000,000 shall be available to each agency only
upon such certification: Provided further, That both agencies
shall provide quarterly reports to the Committees on
Appropriations on the status of telecommuting programs,
including the number of Federal employees eligible for, and
participating in, such programs: Provided further, That both
agencies shall designate a ``Telework Coordinator'' to be
responsible for overseeing the implementation and operations
of telecommuting programs, and serve as a point of contact on
such programs for the Committees on Appropriations.
[Sec. 620. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives are released
without adequate disclaimers regarding the limitations of the
data.
[(b) The Bureau of Alcohol, Tobacco, Firearms and
Explosives shall include in all such data releases, language
similar to the following that would make clear that trace
data cannot be used to draw broad conclusions about firearms-
related crime:
[(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not
all firearms used in crime are traced and not all firearms
traced are used in crime.
[(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes or models of
firearms are used for illicit purposes. The firearms selected
do not constitute a random sample and should not be
considered representative of the larger universe of all
firearms used by criminals, or any subset of that universe.
Firearms are normally traced to the first retail seller, and
sources reported for firearms traced do not necessarily
represent the sources or methods by which firearms in general
are acquired for use in crime.
[Sec. 621. None of the funds made available in this Act may
be used in violation of section 212(a)(10)(C) of the
Immigration and Nationality Act.
[Sec. 622. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on
claims directed to or encompassing a human organism.
[Sec. 623. None of the funds made available in this Act may
be used to pay expenses for any United States delegation to
any specialized agency, body, or commission of the United
Nations if such commission is chaired or presided over by a
country, the government of which the Secretary of State has
determined, for purposes of section 6(j)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has
provided support for acts of international terrorism.
[Sec. 624. (a) Except as provided in subsection (b), a
project to construct a diplomatic facility of the United
States may not include office space or other accommodations
for an employee of a Federal agency or department if the
Secretary of State determines that such department or agency
has not provided to the Department of State the full amount
of funding required by subsection (e) of section 604 of the
Secure Embassy Construction and Counterterrorism Act of 1999
(as enacted into law by section 1000(a)(7) of Public Law 106-
113 and contained in appendix G of that Act; 113 Stat. 1501A-
453), as amended by section 629 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2005.
[(b) Notwithstanding the prohibition in subsection (a), a
project to construct a diplomatic facility of the United
States may include office space or other accommodations for
members of the Marine Corps.
[Sec. 625. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
[Sec. 626. Of the amounts made available in this Act,
$393,616,321 from ``Department of State''; $27,938,072 from
``Department of Justice''; $14,107,754 from ``Department of
Commerce''; $426,314 from ``United States Trade
Representative''; $575,116 from ``Broadcasting Board of
Governors''; $291,855 from ``National Aeronautics and Space
Administration''; and $79,754 from ``National Science
Foundation'' shall be available for the purposes of
implementing the Capital Security Cost Sharing program.
[Sec. 627. None of the funds made available in this Act may
be used in contravention of the provisions of subsections (e)
and (f) of section 301 of the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(Public Law 108-25; 22 U.S.C. 7631(e) and (f)).
[Sec. 628. None of the funds made available to NASA in this
Act may be used for voluntary separation incentive payments
as provided for in subchapter II of chapter 35 of title 5,
United States Code, unless the Administrator of NASA has
first certified to Congress that such payments would not
result in the loss of skills related to the safety of the
Space Shuttle or the International Space Station or to the
conduct of independent safety oversight in the National
Aeronautics and Space Administration.
[Sec. 629. Notwithstanding 40 U.S.C. 524, 571, and 572, the
Administrator of the National Aeronautics and Space
Administration may sell the National Aeronautics and Space
Administration-owned property on the Camp Parks Military
Reservation, Alameda County, California, and credit the net
proceeds of such sales as offsetting collections to its
Exploration, science and aeronautics account. Such funds
shall be available until expended; to be used to replace the
facilities at Camp Parks that are still required, to improve
other National Aeronautics and Space Administration-owned
facilities, or both.
[Sec. 630. (a) In General.--The President of the United
States through his designee the Administrator of the National
Aeronautics and Space Administration and in consultation with
other Federal agencies shall develop a national aeronautics
policy to guide the aeronautics programs of the
Administration through 2020.
[(b) Content.--At a minimum, the national aeronautics
policy shall describe--
[(1) the priority areas of research for aeronautics through
fiscal year 2011;
[(2) the basis on which and the process by which priorities
for ensuing fiscal years will be selected;
[(3) the facilities and personnel needed to carry out the
program through fiscal year 2011; and
[(4) the budget assumptions on which the national
aeronautics policy is based.
[(c) Considerations.--In developing the national
aeronautics policy, the Administrator shall consider the
following questions, which shall be discussed in the policy
statement--
[(1) the extent to which NASA should focus on long-term,
high-risk research or more incremental research or both and
the expected impact on the U.S. aircraft and airline
industries of those decisions;
[(2) the extent to which NASA should address military and
commercial needs;
[(3) how NASA will coordinate its aeronautics program with
other Federal agencies; and
[(4) the extent to which NASA will fund university research
and the expected impact of that funding on the supply of U.S.
workers for the aeronautics industry.
[(d) Consultation.--In developing the national aeronautics
policy, the Administrator shall consult widely with academic
and industry experts and with other Federal agencies. The
Administrator may enter into an arrangement with the National
Academy of Sciences to help develop the national aeronautics
policy.
[(e) Schedule.--The Administrator shall submit the new
national aeronautics policy to the House and Senate
Committees on Appropriations and to the House Committee on
Science and the Senate Committee on Commerce, Science, and
Transportation no later than the date on which the President
submits the proposed budget for the Federal government for
fiscal year 2007 to the Congress. The Administrator shall
make available to the Congress any study done by a non-
governmental entity that was used in the development of the
national aeronautics policy.
[Sec. 631. Any funds provided in this Act under ``National
Science Foundation'' used to implement E-Government
Initiatives shall be subject to the procedures set forth in
section 605 of this Act.
[Sec. 632. (a) Notwithstanding any other provision of law
or treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection
with requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such
articles.
[(b) The foregoing exemption from obtaining an export
license--
[(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
[(2) does not permit the export without a license of--
[[Page S9758]]
[(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada, or
[(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial
or Municipal Government of Canada; or
[(C) articles for export from Canada to another foreign
destination.
[(c) In accordance with this section, the District
Directors of Customs and postmasters shall permit the
permanent or temporary export without a license of any
unclassified articles specified in subsection (a) to Canada
for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end
use in the United States or return to Canada for a Canadian
citizen.
[(d) The President may require export licenses under this
section on a temporary basis if the President determines,
upon publication first in the Federal Register, that the
Government of Canada has implemented or maintained inadequate
import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and
continues to take place for use in international terrorism or
in the escalation of a conflict in another nation. The
President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
[Sec. 633. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR Sec. 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms,
parts, or ammunition.
[Sec. 634. None of the funds made available in this Act may
be used to include in any bilateral or multilateral trade
agreement the text of--
[(1) paragraph 2 of Article 16.7 of the United States-
Singapore Free Trade Agreement;
[(2) paragraph 4 of Article 17.9 of the United States-
Australia Free Trade Agreement; or
[(3) paragraph 4 of Article 15.9 of the United States-
Morocco Free Trade Agreement.
[TITLE VII--RESCISSIONS
[DEPARTMENT OF JUSTICE
[Legal Activities
[assets forfeiture fund
[(rescission)
[Of the unobligated balances available under this heading,
$62,000,000 are rescinded.
[Office of Justice Programs
[state and local law enforcement assistance
[(rescission)
[Of the unobligated balances available under this heading,
$38,500,000 are rescinded.
[community oriented policing services
[(rescission)
[Of the unobligated balances available under this heading,
$86,500,000 are rescinded.
[DEPARTMENT OF COMMERCE
[Emergency steel guaranteed loan program account
[(RESCISSION)
[Of the unobligated balances available under this heading
from prior year appropriations, $35,000,000 are rescinded.
[RELATED AGENCIES
[United States-Canada Alaska Rail Commission
[salaries and expenses
[(rescission)
[Of the unobligated balances available under this heading
from prior year appropriations, $2,000,000 are rescinded.
[TITLE VIII--ADDITIONAL GENERAL PROVISIONS
[Sec. 801. None of the funds made available in this Act may
be used by the United Nations to develop or publicize any
proposal concerning taxation or fees on any United States
person in order to raise revenue for the United Nations or
any of its specialized or affiliated agencies. None of the
funds made available in this Act may be used by the United
Nations to implement or impose any such taxation or fee on
any United States person.
[Sec. 802. None of the funds made available by this Act may
be used by the National Aeronautics and Space Administration
to employ any individual under the title ``artist in
residence''.
[Sec. 803. (a) For expenses necessary for enforcing
subsections (a) and (b) of section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373), $1,000,000.
[(b) The amount otherwise provided in this Act for
``DEPARTMENT OF JUSTICE--Legal Activities--salaries and
expenses, general legal activities'' is hereby reduced by
$1,000,000.
[Sec. 804. None of the funds made available in this Act may
be used to deny the production of safety reports regarding
the NASA Space Shuttle program and the International Space
Station.
[Sec. 805. None of the funds appropriated in this Act may
be used to enforce the judgment of the United States District
Court for the Southern District of Indiana in the case of
Russelburg v. Gibson County, decided January 31, 2005.
[Sec. 806. None of the funds made available in this Act may
be used to make an application under section 501 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1861) for an order requiring the production of library
circulation records, library patron lists, book sales
records, or book customer lists.
[Sec. 807. None of the funds made available in this Act may
be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
[(1) Section 2340A of title 18, United States Code.
[(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and any regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
[This Act may be cited as the ``Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006''.]
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2006, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
Salaries and Expenses
For expenses necessary for the administration of the
Department of Justice, $125,936,000, of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 45
permanent positions and 46 full-time equivalent workyears and
$11,821,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 2005: Provided further, That not to
exceed 24 permanent positions, 19 full-time equivalent
workyears and $2,980,000 shall be expended for the Office of
Legislative Affairs: Provided further, That not to exceed 17
permanent positions, 22 full-time equivalent workyears and
$2,470,000 shall be expended for the Office of Public
Affairs: Provided further, That the Offices of Legislative
Affairs and Public Affairs may utilize, on a non-reimbursable
basis details of career employees within the ceilings
provided for the Office of Legislative Affairs and the Office
of Public Affairs: Provided further, That not less than
$500,000 shall be used to contract with an independent party
to carry out a privacy assessment.
JUSTICE INFORMATION SHARING TECHNOLOGY
For necessary expenses for information sharing technology,
including planning, development, deployment and Departmental
direction, $135,000,000, to remain available until expended:
Provided, That, of the funds available $10,000,000 is for the
unified financial management system to be administered by the
United Financial Management System Executive Council:
Provided further, That of the funds provided, $20,000,000 is
unavailable for obligation until the Department Chief
Information Officer submits the plan described in section 111
of this title.
Narrowband Communications
For necessary expenses for the costs of conversion to
narrowband communications, including the cost for operations
and maintenance of Land Mobile Radio legacy systems,
$90,000,000, to remain available until September 30, 2007:
Provided, That the Attorney General shall transfer to the
``Narrowband Communications'' account all funds made
available to the Department of Justice for the purchase of
portable and mobile radios: Provided further, That any
transfer made into or out of this account shall be subject to
section 505 of this Act.
Administrative Review and Appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$216,286,000.
Detention Trustee
For necessary expenses of the Federal Detention Trustee,
$1,222,000,000, to remain available until expended: Provided,
That the Trustee shall be responsible for managing the
Justice Prisoner and Alien Transportation System and for
overseeing housing related to such detention: Provided
further, That any unobligated balances available in prior
years from the funds appropriated under the heading ``Federal
Prisoner Detention'' shall be transferred to and merged with
the appropriation under the heading ``Detention Trustee'' and
shall be available until expended.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$70,431,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character.
United States Parole Commission
Salaries and Expenses
For necessary expenses of the United States Parole
Commission as authorized by law, $11,000,000.
Legal Activities
Salaries and Expenses, General Legal Activities
(including transfer of funds)
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended
[[Page S9759]]
under the direction of, and to be accounted for solely under
the certificate of, the Attorney General; and rent of private
or Government-owned space in the District of Columbia,
$648,245,000, of which not to exceed $10,000,000 for
litigation support contracts shall remain available until
expended: Provided, That of the total amount appropriated,
not to exceed $1,000 shall be available to the United States
National Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That
notwithstanding any other provision of law, upon a
determination by the Attorney General that emergent
circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may
transfer such amounts to ``Salaries and Expenses, General
Legal Activities'' from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the previous proviso shall be
treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $6,333,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
Salaries and Expenses, Antitrust Division
For expenses necessary for the enforcement of antitrust and
kindred laws, $144,451,000, to remain available until
expended: Provided, That, notwithstanding any other provision
of law, not to exceed $116,000,000 of offsetting collections
derived from fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of
collection, shall be retained and used for necessary expenses
in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated
from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2006, so as to
result in a final fiscal year 2006 appropriation from the
general fund estimated at not more than $28,451,000.
Salaries and Expenses, United States Attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,572,654,000; of which not to exceed $2,500,000
shall be available until September 30, 2007, for: (1)
training personnel in debt collection; (2) locating debtors
and their property; (3) paying the net costs of selling
property; and (4) tracking debts owed to the United States
Government: Provided, That of the total amount appropriated,
not to exceed $8,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $20,000,000 shall remain available until
expended: Provided further, That not to exceed $2,500,000 for
the operation of the National Advocacy Center shall remain
available until expended: Provided further, That, in addition
to reimbursable full-time equivalent workyears available to
the Offices of the United States Attorneys, not to exceed
10,465 positions and 10,451 full-time equivalent workyears
shall be supported from the funds appropriated in this Act
for the United States Attorneys: Provided further, That of
the funds made available under this heading, $1,500,000 shall
only be available to continue ``Operation Streetsweeper''.
United States Trustee System Fund
For necessary expenses of the United States Trustee
Program, as authorized, $214,402,000, to remain available
until expended and to be derived from the United States
Trustee System Fund: Provided, That, notwithstanding any
other provision of law, deposits to the Fund shall be
available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That, notwithstanding any
other provision of law, $214,402,000 of offsetting
collections pursuant to 28 U.S.C. 589a(b) shall be retained
and used for necessary expenses in this appropriation and
remain available until expended: Provided further, That the
sum herein appropriated from the Fund shall be reduced as
such offsetting collections are received during fiscal year
2006, so as to result in a final fiscal year 2006
appropriation from the Fund estimated at $0.
Salaries and Expenses, Foreign Claims Settlement Commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $1,270,000.
United States Marshals Service
Salaries and Expenses
For necessary expenses of the United States Marshals
Service, $764,199,000; of which not to exceed $6,000 shall be
available for official reception and representation expenses;
of which $4,000,000 for information technology systems shall
remain available until expended; and of which not less than
$13,130,000 shall be available for the costs of courthouse
security equipment, including furnishings, relocations, and
telephone systems and cabling, and shall remain available
until September 30, 2007: Provided, That beginning in fiscal
year 2007 and for each fiscal year thereafter, the Attorney
General shall include in the budget justification materials
that the Attorney General submits to Congress in support of
the Department of Justice budget (as submitted with the
budget of the President under section 1105(a) of title 31, 10
United States Code) an estimate for each United States
Marshals Service courthouse security project and an estimate
of the budgetary requirements for each such project for each
of the five subsequent fiscal years: Provided further, That,
in addition to reimbursable full-time equivalent workyears
available to the United States Marshals Service, not to
exceed 4,657 positions and 4,515 full-time equivalent
workyears shall be supported from the funds appropriated in
this Act for the United States Marshals Service.
CONSTRUCTION
For construction in space controlled, occupied or utilized
by the United States Marshals Service in United States
courthouses and Federal buildings, $12,000,000, to remain
available until expended: Provided, That beginning in fiscal
year 2007 and for each fiscal year thereafter, the Attorney
General shall include in the budget justification materials
that the Attorney General submits to Congress in support of
the Department of Justice budget (as submitted with the
budget of the President under section 1105(a) of title 31, 10
United States Code) an estimate for each construction project
of United States Marshals Service in United States
courthouses and Federal buildings and an estimate of the
budgetary requirements for each such project for each of the
five subsequent fiscal years.
Fees and Expenses of Witnesses
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
$168,000,000, to remain available until expended: Provided,
That not to exceed $8,000,000 may be made available for
construction of buildings for protected witness safesites:
Provided further, That not to exceed $1,000,000 may be made
available for the purchase and maintenance of armored
vehicles for transportation of protected witnesses; and of
which not to exceed $7,000,000 may be made available for the
purchase, installation, and maintenance and upgrade of secure
telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses.
Salaries and Expenses, Community Relations Service
For the necessary expenses of the Community Relations
Service, $9,659,000: Provided, That notwithstanding any other
provision of law, upon a determination by the Attorney
General that emergent circumstances require additional
funding for conflict resolution and violence prevention
activities of the Community Relations Service, the Attorney
General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal
year for the Department of Justice, as may be necessary to
respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Assets Forfeiture Fund
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and
(G), $21,468,000, to be derived from the Department of
Justice Assets Forfeiture Fund.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking and affiliated money
laundering organizations not otherwise provided for, to
include intergovernmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $440,197,000, of which $50,000,000 shall remain
available until expended: Provided, That all funds
appropriated under this heading shall be managed and executed
by the Administrator of the Drug Enforcement Administration
and all employees of the Executive Office for the Organized
Crime and Drug Enforcement Task Forces shall report directly
to said Administrator within 60 days of enactment of this
Act: Provided further, That any amounts obligated from
appropriations under this heading may be used under
authorities available to the organizations reimbursed from
this appropriation: Provided further, That any unobligated
balances remaining available at the end of the fiscal year
shall be available to the Administrator of the Drug
Enforcement Administration for reallocation among
participating organizations in succeeding fiscal years,
subject to the reprogramming procedures set forth in section
505 of this Act.
Federal Bureau of Investigation
Salaries and Expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States; including purchase for
police-type use of not to exceed 3,868 passenger motor
vehicles, of which 3,039 will be for replacement only; and
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to 28 U.S.C. 530C,
$5,295,513,000; of which not to exceed $150,000,000 shall
remain available until expended; of which $1,600,000,000
shall be for counterterrorism investigations, foreign
counterintelligence, and other activities related to our
national security; and of which not to exceed $20,000,000 is
authorized to be made available for making advances for
expenses arising out of contractual or reimbursable
agreements with State and local law enforcement agencies
while engaged in cooperative activities related to violent
crime, terrorism, organized crime, cybercrime, and drug
investigations: Provided, That not to exceed $200,000 shall
be available for official reception and representation
expenses.
construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise
[[Page S9760]]
authorized by law (including equipment for such buildings);
conversion and extension of federally-owned buildings; and
preliminary planning and design of projects; $25,213,000, to
remain available until expended: Provided, That $15,108,000
shall be available for the planning, design, and construction
of a regional analytical training center in Redstone Arsenal:
Provided further, That $5,000,000 shall be available for a
chemical and biological evidence handling and storage
facility to be co-located with comparable facilities in
existence for sample, handling and receipt of hazardous
material by the Department of the Army.
Drug Enforcement Administration
Salaries and Expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant
to 28 U.S.C. 530C; expenses for conducting drug education and
training programs, including travel and related expenses for
participants in such programs and the distribution of items
of token value that promote the goals of such programs; and
purchase of not to exceed 1,043 passenger motor vehicles, of
which 937 will be for replacement only, for police-type use,
$1,649,142,000; of which not to exceed $75,000,000 shall
remain available until expended; and of which not to exceed
$100,000 shall be available for official reception and
representation expenses: Provided, That, in addition to
reimbursable full-time equivalent workyears available to the
Drug Enforcement Administration, not to exceed 8,371
positions and 8,270 full-time equivalent workyears shall be
supported from the funds appropriated in this Act for the
Drug Enforcement Administration.
Bureau of Alcohol, Tobacco, Firearms and Explosives
Salaries and Expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, including the purchase of not to
exceed 822 vehicles for police-type use, of which 650 shall
be for replacement only; not to exceed $40,000 for official
reception and representation expenses; for training of State
and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with
or without reimbursement, $923,700,000, of which not to
exceed $1,000,000 shall be available for the payment of
attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of
which $10,000,000 shall remain available until expended:
Provided, That no funds appropriated herein shall be
available for salaries or administrative expenses in
connection with consolidating or centralizing, within the
Department of Justice, the records, or any portion thereof,
of acquisition and disposition of firearms maintained by
Federal firearms licensees: Provided further, That no funds
appropriated herein shall be used to pay administrative
expenses or the compensation of any officer or employee of
the United States to implement an amendment or amendments to
27 CFR 178.118 or to change the definition of ``Curios or
relics'' in 27 CFR 178.11 or remove any item from ATF
Publication 5300.11 as it existed on January 1, 1994:
Provided further, That none of the funds appropriated herein
shall be available to investigate or act upon applications
for relief from Federal firearms disabilities under 18 U.S.C.
925(c): Provided further, That such funds shall be available
to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code:
Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and
Explosives to other agencies or Departments in fiscal year
2006: Provided further, That no funds appropriated under this
or any other Act with respect to any fiscal year may be used
to disclose part or all of the contents of the Firearms Trace
System database maintained by the National Trace Center of
the Bureau of Alcohol, Tobacco, Firearms and Explosives or
any information required to be kept by licensees pursuant to
section 923(g) of title 18, United States Code, or required
to be reported pursuant to paragraphs (3) and (7) of such
section 923(g), to anyone other than a Federal, State, or
local law enforcement agency or a prosecutor solely in
connection with and for use in a bona fide criminal
investigation or prosecution and then only such information
as pertains to the geographic jurisdiction of the law
enforcement agency requesting the disclosure and not for use
in any civil action or proceeding other than an action or
proceeding commenced by the Bureau of Alcohol, Tobacco,
Firearms and Explosives, or a review of such an action or
proceeding, to enforce the provisions of chapter 44 of such
title, and all such data shall be immune from legal process
and shall not be subject to subpoena or other discovery in
any civil action in a State or Federal court or in any
administrative proceeding other than a proceeding commenced
by the Bureau of Alcohol, Tobacco, Firearms and Explosives to
enforce the provisions of that chapter, or a review of such
an action or proceeding; except that this proviso shall not
be construed to prevent the disclosure of statistical
information concerning total production, importation, and
exportation by each licensed importer (as defined in section
921(a)(9) of such title) and licensed manufacturer (as
defined in section 921(a)(10) of such title): Provided
further, That no funds made available by this or any other
Act shall be expended to promulgate or implement any rule
requiring a physical inventory of any business licensed under
section 923 of title 18, United States Code: Provided
further, That no funds under this Act may be used to
electronically retrieve information gathered pursuant to 18
U.S.C. 923(g)(4) by name or any personal identification code:
Provided further, That no funds authorized or made available
under this or any other Act may be used to deny any
application for a license under section 923 of title 18,
United States Code, or renewal of such a license due to a
lack of business activity, provided that the applicant is
otherwise eligible to receive such a license, and is eligible
to report business income or to claim an income tax deduction
for business expenses under the Internal Revenue Code of
1986: Provided further, That of the amount provided under
this heading, $5,000,000, to remain available until expended,
shall be for the expenses necessary for site selection,
architectural design, site preparation and the development of
a total cost estimate for the construction of a permanent
site for the National Center for Explosives Training and
Research: Provided further, That any funds remaining shall be
applied to the construction of the Center: Provided further,
That the Director of the ATF, when considering site selection
shall consider a site collocated with other law enforcement
and Federal government entities that provide similar training
and research.
Federal Prison System
Salaries and Expenses
For expenses necessary of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, including purchase (not to
exceed 768, of which 701 are for replacement only) and hire
of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections
related issues to foreign governments, $4,889,649,000:
Provided, That the Attorney General may transfer to the
Health Resources and Services Administration such amounts as
may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal
penal and correctional institutions: Provided further, That
the Director of the Federal Prison System, where necessary,
may enter into contracts with a fiscal agent/fiscal
intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to
the custody of the Federal Prison System: Provided further,
That not to exceed $6,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $85,017,000 shall remain available for prison
activations until September 30, 2007: Provided further, That,
of the amounts provided for Contract Confinement, not to
exceed $20,000,000 shall remain available until expended to
make payments in advance for grants, contracts and
reimbursable agreements, and other expenses authorized by
section 501(c) of the Refugee Education Assistance Act of
1980, for the care and security in the United States of Cuban
and Haitian entrants: Provided further, That the Director of
the Federal Prison System may accept donated property and
services relating to the operation of the prison card program
from a not-for-profit entity which has operated such program
in the past notwithstanding the fact that such not-for-profit
entity furnishes services under contracts to the Federal
Prison System relating to the operation of pre-release
services, halfway houses or other custodial facilities.
Buildings and Facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $222,112,000, to remain available until expended, of
which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That
labor of United States prisoners may be used for work
performed under this appropriation.
Federal Prison Industries, Incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
(not to exceed five for replacement only) and hire of
passenger motor vehicles.
Limitation on Administrative Expenses, Federal Prison Industries,
Incorporated
Not to exceed $3,365,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
OFFICE ON VIOLENCE AGAINST WOMEN
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
For grants, contracts, cooperative agreements, and other
assistance for the prevention and
[[Page S9761]]
prosecution of violence against women as authorized by the
Omnibus Crime Control and Safe Streets Act of 1968 (``the
1968 Act''); the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Prosecutorial Remedies and Other Tools to End the
Exploitation of Children Today Act of 2003 (Public Law 108-
21); the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); and the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386);
$362,997,000, to remain available until expended: Provided,
That except as otherwise provided by law, not to exceed three
percent of funds made available under this heading may be
used for expenses related to evaluation, training and
technical assistance: Provided further, That of the amounts
provided--
(1) $187,308,000 for grants to combat violence against
women as authorized by part T of the 1968 Act, of which:
(A) $5,200,000 shall be for the National Institute of
Justice for research and evaluation of violence against
women;
(B) $10,000,000 shall be for the Office of Juvenile Justice
and Delinquency Prevention for the Safe Start Program, as
authorized by the Juvenile Justice and Delinquency Act of
1974 Act; and
(C) $15,000,000 shall be for transitional housing
assistance grants for victims of domestic violence, stalking
or sexual assault as authorized by Public Law 108-21;
(2) $62,660,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act;
(3) $39,166,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section
40295(a) of the 1994 Act;
(4) $9,054,000 to reduce violent crimes against women on
campus, as authorized by section 1108(a) of Public Law 106-
386;
(5) $39,220,000 for legal assistance for victims, as
authorized by section 1201(c) of Public Law 106-386;
(6) $4,540,000 for enhancing protection for older and
disabled women from domestic violence and sexual assault, as
authorized by section 40802 of the 1994 Act;
(7) $13,894,000 for the safe havens for children pilot
program, as authorized by section 1301(a) of Public Law 106-
386; and
(8) $7,155,000 for education and training to end violence
against and abuse of women with disabilities, as authorized
by section 1402(a) of Public Law 106-386.
Office of Justice Programs
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, the Missing
Children's Assistance Act, as amended, including salaries and
expenses in connection therewith, the Victims of Child Abuse
Act of 1990 (``the 1990 Act''), the Prosecutorial Remedies
and Other Tools to end the Exploitation of Children Today Act
of 2003 (Public Law 108-21), and with the Victims of Crime
Act of 1984, as amended, $221,000,000, to remain available
until expended: Provided, That of the amount provided--
(1) $4,958,000 for training programs as authorized by
section 40152 of the 1994 Act, and for related local
demonstration projects;
(2) $986,000 for grants for televised testimony, as
authorized by Part N of the 1968 Act;
(3) $2,962,000 for grants to improve the stalking and
domestic violence databases, as authorized by section
40602(a) of the 1994 Act;
(4) $2,287,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act;
(5) $11,846,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act''); and the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386); and
other programs; $1,078,350,000 (including amounts for
administrative costs which shall be transferred to and merged
with the ``Justice Assistance'' account): Provided, That
funding provided under this heading shall remain available
until expended: Provided further, That funds provided under
this heading shall be distributed in the manner described in
the following table:
Program Amount
Justice Assistance Grants..................................$530,000,000
Boys and Girls Clubs........................................$85,000,000
National Institute of Justice...............................$10,000,000
Indian Assistance Programs..................................$15,000,000
State Criminal Alien Assistance Programs...................$170,000,000
SW Border Prosecutors.......................................$30,000,000
Byrne Grants (discretionary)...............................$177,000,000
Drug Courts.................................................$25,000,000
Marketing Scams Against Senior Citizens......................$1,000,000
Missing Alzheimer's Disease Patient Alert Program..............$850,000
Assistance for Victims of Trafficking........................$2,000,000
Prison Rape Prevention.......................................$1,500,000
State Prison Drug Treatment.................................$15,000,000
National Criminal Intelligence Sharing Plan..................$6,000,000
Capital Litigation...........................................$1,000,000
Justice For All..............................................$4,000,000
State and Local Anti-Terrorism Training.....................$5,000,000:
Provided further, That, if a unit of local government uses
any of the funds made available under this title to increase
the number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform nonadministrative public
safety service.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to
implement ``Weed and Seed'' program activities, $50,280,000,
to remain available until September 30, 2007, for inter-
governmental agreements, including grants, cooperative
agreements, and contracts, with State and local law
enforcement agencies, non-profit organizations, and agencies
of local government engaged in the investigation and
prosecution of violent crimes and drug offenses in ``Weed and
Seed'' designated communities, and for either reimbursements
or transfers to appropriation accounts of the Department of
Justice and other Federal agencies which shall be specified
by the Attorney General to execute the ``Weed and Seed''
program strategy: Provided, That funds designated by Congress
through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program
activities shall be managed and executed by the Attorney
General through the Executive Office for Weed and Seed:
Provided further, That the Attorney General may direct the
use of other Department of Justice funds and personnel in
support of ``Weed and Seed'' program activities only after
the Attorney General notifies the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with section 505 of this Act: Provided further,
That of the funds appropriated for the Executive Office for
Weed and Seed, $2,000,000 shall be directed for comprehensive
community development training and technical assistance.
COMMUNITY ORIENTED POLICING SERVICES
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (including
administrative costs), $515,087,000, to remain available
until expended: Provided, That funds that become available as
a result of deobligations from prior year balances may not be
obligated except in accordance with section 505 of this Act:
Provided further, That of the funds under this heading, not
to exceed $2,575,000 shall be available for the Office of
Justice Programs for reimbursable services associated with
programs administered by the Community Oriented Policing
Services Office: Provided further, That section 1703(b) and
(c) of the Omnibus Crime Control and Safe Streets Act of 1968
(``the 1968 Act'') shall not apply to non-hiring grants made
pursuant to part Q of title I thereof (42 U.S.C. 3796dd et
seq.): Provided further, That funds provided under this
heading shall be distributed in the manner described in the
following table:
Program Amount
Hiring.......................................................$2,000,000
Training and Technical Assistance...........................$14,000,000
Bullet Proof Vests..........................................$27,000,000
Tribal Law Enforcement......................................$20,000,000
Methamphetamine Hot Spots...................................$60,100,000
Police Corps................................................$10,000,000
Law Enforce Technologies (projects)........................$137,000,000
Interoperable Communications................................$37,500,000
Criminal Records Upgrade....................................$20,000,000
DNA Initiative..............................................$89,500,000
Coverdell Forensics Science Improvements....................$22,000,000
Crime Identification Technology.............................$30,000,000
Offender Reentry.............................................$3,000,000
Safe Schools Initiative......................................$5,000,000
Police Integrity.............................................$7,500,000
Management and Administration..............................$30,487,000.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the Act'') and other juvenile
justice programs, including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $350,000,000, to
remain available until expended: Provided, That funds
provided under this heading shall be distributed in the
manner described in the following table:
Program Amount
Part A, Concentration of Federal Efforts.....................$1,000,000
Part B, Formula Grants......................................$82,000,000
Part C, Discretionary Grants.................................$5,000,000
Part D, Research, Evaluation, TA and Training................$8,000,000
Part E, Developing New Initiatives..........................$75,000,000
Part G, Juvenile Mentoring Program (JUMP)...................$15,000,000
Title V, At Risk Children Programs..........................$20,000,000
Title V, Tribal Youth.......................................$10,000,000
Title V, Gang Prevention....................................$25,000,000
Title V, Prevention of Underage Drinking....................$25,000,000
Secure Our Schools Act......................................$15,000,000
Project Childsafe............................................$5,000,000
Juvenile Accountability Block Grants........................$49,000,000
Victims of Child Abuse Act.................................$15,000,000.
PUBLIC SAFETY OFFICERS BENEFITS
To remain available until expended, for payments authorized
by part L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums
as are necessary, as authorized by section 6093 of Public Law
100-690 (102 Stat. 4339-4340); and $4,884,000, to remain
available until expended for payments as authorized by
section 1201(b) of said Act; and $4,064,000 for educational
assistance, as authorized by section 1212 of the 1968 Act.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available
in this title for official reception
[[Page S9762]]
and representation expenses, a total of not to exceed $60,000
from funds appropriated to the Department of Justice in this
title shall be available to the Attorney General for official
reception and representation expenses.
Sec. 102. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That
should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null
and void.
Sec. 103. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 104. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 103 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 105. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section: Provided
further, That none of the funds appropriated to ``Buildings
and Facilities, Federal Prison System'' in this or any other
Act may be transferred to ``Salaries and Expenses, Federal
Prison System'', or any other Department of Justice account,
unless the President certifies that such a transfer is
necessary to the national security interests of the United
States, and such authority shall not be delegated, and shall
be subject to section 505 of this Act.
Sec. 106. The Attorney General is authorized to make
permanent the Personnel Management Demonstration Project
transferred to the Attorney General pursuant to section 1115
of the Homeland Security Act of 2002, Public Law 107-296 (6
U.S.C. 533) without limitation on the number of employees or
the positions covered.
Sec. 107. Notwithstanding any other provision of law,
Public Law 102-395 section 102(b) shall extend to the Bureau
of Alcohol, Tobacco, Firearms and Explosives in the conduct
of undercover investigative operations and shall apply
without fiscal year limitation with respect to any undercover
investigative operation initiated by the Bureau of Alcohol,
Tobacco, Firearms and Explosives that is necessary for the
detection and prosecution of crimes against the United
States.
Sec. 108. Funds appropriated by this Act for the Federal
Prisons System shall be in the amounts and accounts specified
in the report accompanying this Act: Provided, That within 30
days of enactment of this Act, the Bureau of Prisons will
submit a comprehensive financial plan for the Federal Prison
System to the Committees on Appropriations: Provided further,
That no funds appropriated for the Federal Prison System in
this or any other Appropriations Act for the construction of
new facilities may be rescinded, cancelled, or used for any
other purpose.
Sec. 109. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 110. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, to rent or purchase videocassettes, videocassette
recorders, or other audiovisual or electronic equipment used
primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic
equipment for inmate training, religious, or educational
programs.
Sec. 111. Within the funds provided under ``Justice
Information Sharing Technology'', the Attorney General shall
establish an investment review board, which the Deputy
Attorney General shall head: Provided, That within 90 days of
enactment of this Act, the Department shall submit a plan
that outlines the governance structure and membership of the
board: Provided further, That the Department shall submit to
the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives,
within 90 days of enactment of this Act, the project criteria
that will trigger the board's oversight, to include a listing
of all projects to be reviewed during fiscal year 2006.
Sec. 112. Section 3151(b) of title 5, United States Code,
is amended by--
(1) striking paragraph (2)(A) and (B);
(2) in paragraph (1) by striking ``(1)''; and
(3) redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively.
This title may be cited as the ``Department of Justice
Appropriations Act, 2006''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
Office of the United States Trade Representative
Salaries and Expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $40,997,000, of which $1,000,000
shall remain available until expended: Provided, That not to
exceed $124,000 shall be available for official reception and
representation expenses: Provided further, That not less than
$2,000,000 provided under this heading shall be for expenses
authorized by 19 U.S.C. 2451 and 1677b(c): Provided further,
That negotiations shall be conducted within the World Trade
Organization to recognize the right of members to distribute
monies collected from antidumping and countervailing duties:
Provided further, That negotiations shall be conducted within
the World Trade Organization consistent with the negotiating
objectives contained in the Trade Act of 2002, Public Law
107-210.
International Trade Commission
Salaries and Expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,500 for official reception and representation expenses,
$62,752,000, to remain available until expended.
DEPARTMENT OF COMMERCE
International Trade Administration
Operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to 44 U.S.C. 3702 and 3703; full medical coverage for
dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas;
travel and transportation of employees of the United States
and Foreign Commercial Service between two points abroad,
without regard to 49 U.S.C. 40118; employment of Americans
and aliens by contract for services; rental of space abroad
for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in
the first paragraph of 28 U.S.C. 2672 when such claims arise
in foreign countries; not to exceed $327,000 for official
representation expenses abroad; purchase of passenger motor
vehicles for official use abroad, not to exceed $45,000 per
vehicle; obtaining insurance on official motor vehicles; and
rental of tie lines, $409,625,000, to remain available until
expended, of which $8,000,000 is to be derived from fees to
be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided,
That $48,134,000 shall be for Manufacturing and Services;
$39,815,000 shall be for Market Access and Compliance;
$64,134,000 shall be for the Import Administration;
$231,722,000 shall be for Trade Promotion and the United
States and Foreign Commercial Service; and $25,820,000 shall
be for Executive Direction and Administration: Provided
further, That negotiations shall be conducted within the
World Trade Organization to recognize the right of members to
distribute monies collected from antidumping and
countervailing duties: Provided further, That the provisions
of the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities without regard to section 5412 of the
Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C.
4912); and that for the purpose of this Act, contributions
under the provisions of the Mutual Educational and Cultural
Exchange Act of 1961 shall include payment for assessments
for services provided as part of these activities: Provided
further, That the International Trade Administration shall be
exempt from the requirements of Circular A-25 (or any
successor administrative regulation or policy) issued by the
Office of Management and Budget: Provided further, That
negotiations shall be conducted within the World Trade
Organization consistent with the negotiating objectives
contained in the Trade Act of 2002, Public Law 107-210.
Bureau of Industry and Security
Operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $15,000 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
22 U.S.C. 401(b); and purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use
with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established
by law, $77,000,000, to remain available until expended, of
which $7,200,000 shall be for inspections and other
activities related to national security: Provided, That the
provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for
materials or services provided as part of such activities may
be retained for use in covering the cost of such activities,
and for
[[Page S9763]]
providing information to the public with respect to the
export administration and national security activities of the
Department of Commerce and other export control programs of
the United States and other governments.
Economic Development Administration
Economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, and
for trade adjustment assistance, $283,985,000, to remain
available until expended.
Salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$30,939,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
Minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$30,727,000.
ECONOMIC AND INFORMATION INFRASTRUCTURE
Economic and Statistical Analysis
Salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $81,283,000, to remain available until September
30, 2006.
Bureau of the Census
Salaries and expenses
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $183,029,000.
Periodic censuses and programs
For nessary expenses related to the 2010 decennial census,
$390,000,000, to remain available until September 30, 2006.
In addition, for expenses to collect and publish statistics
for other periodic censuses and programs provided for by law,
$154,356,000, to remain available until September 30, 2006.
National Telecommunications and Information Administration
Salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $20,255,000, to remain available until September 30,
2007: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, and operations,
and related services and such fees shall be retained and used
as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided
further, That the Secretary of Commerce is authorized to
retain and use as offsetting collections all funds
transferred, or previously transferred, from other Government
agencies for all costs incurred in telecommunications
research, engineering, and related activities by the
Institute for Telecommunication Sciences of NTIA, in
furtherance of its assigned functions under this paragraph,
and such funds received from other Government agencies shall
remain available until expended.
Public telecommunications facilities, planning and construction
For the administration of grants authorized by section 392
of the Communications Act of 1934, $22,000,000, to remain
available until expended as authorized by section 391 of the
Act: Provided, That not to exceed $2,000,000 shall be
available for program administration as authorized by section
391 of the Act: Provided further, That, notwithstanding the
provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for
projects for which applications have been submitted and
approved during any fiscal year.
Information infrastructure grants
For grants authorized by section 392 of the Communications
Act of 1934, $15,000,000, to remain available until expended
as authorized by section 391 of the Act: Provided, That not
to exceed $3,000,000 shall be available for program
administration and other support activities as authorized by
section 391: Provided further, That, of the funds
appropriated herein, not to exceed 5 percent may be available
for telecommunications research activities for projects
related directly to the development of a national information
infrastructure: Provided further, That, notwithstanding the
requirements of sections 392(a) and 392(c) of the Act, these
funds may be used for the planning and construction of
telecommunications networks for the provision of educational,
health care, or public information: Provided further, That,
notwithstanding any other provision of law, no entity that
receives telecommunications services at preferential rates
under section 254(h) of the Act (47 U.S.C. 254(h)) or
receives assistance under the regional information sharing
systems grant program of the Department of Justice under part
M of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796h) may use funds under a grant
under this heading to cover any costs of the entity that
would otherwise be covered by such preferential rates or such
assistance, as the case may be.
United States Patent and Trademark Office
Salaries and expenses
For necessary expenses of the United States Patent and
Trademark Office provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the United States
Patent and Trademark Office, $1,703,300,000, to remain
available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to 15
U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during
fiscal year 2006, so as to result in a fiscal year 2006
appropriation from the general fund estimated at $0: Provided
further, That during fiscal year 2006, should the total
amount of offsetting fee collections be less than
$1,703,300,000, this amount shall be reduced accordingly:
Provided further, That from amounts provided herein, not to
exceed $1,000 shall be made available in fiscal year 2006 for
official reception and representation expenses: Provided
further, That of amounts made available under this heading,
$500,000 is only for the National Intellectual Property Law
Enforcement Coordinating Council: Provided further, That in
fiscal year 2006 and hereafter, from the amounts made
available for ``Salaries and Expenses'' for the United States
Patent and Trademark Office (PTO), the amounts necessary to
pay: (1) the difference between the percentage of basic pay
contributed by the PTO and employees under section 8334(a) of
title 5, United States Code, and the normal cost percentage
(as defined by section 8331(17) of that title) of basic pay,
of employees subject to subchapter III of chapter 83 of that
title; and (2) the present value of the otherwise unfunded
accruing costs, as determined by the Office of Personnel
Management, of post-retirement life insurance and
postretirement health benefits coverage for all PTO
employees, shall be transferred to the Civil Service
Retirement and Disability Fund, the Employees Life Insurance
Fund, and the Employees Health Benefits Fund, as appropriate,
and shall be available for the authorized purposes of those
accounts.
OTHER
Departmental Management
Salaries and expenses
For expenses necessary for the departmental management of
the Department of Commerce and the Technology Administration
provided for by law, including not to exceed $5,000 for
official entertainment, $49,605,000: Provided, That not to
exceed 9 full-time equivalents and $1,181,000 shall be
expended for the legislative affairs function of the
Department.
Office of the Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $22,758,000.
General Provisions, Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefore, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 203. Any costs incurred by a department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title or from actions taken for the care and protection of
loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 204. Funds made available for salaries and
administrative expenses to administer the Emergency Steel
Loan Guarantee Program in section 211(b) of Public Law 108-
199 shall remain available until expended: Provided, That
section 101(k) of the Emergency Steel Loan Guarantee Act of
1999 (Public Law 106-51; 15 U.S.C. 1841 note) is amended by
striking ``2005'' and inserting ``2007''.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance
of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not
specifically provided for in this or any Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act: Provided further, That for
the National Oceanic and Atmospheric Administration this
section shall provide for transfers among
[[Page S9764]]
appropriations made only to the National Oceanic and
Atmospheric Administration and such appropriations may not
be transferred and reprogrammed to other Department of
Commerce bureaus and appropriation accounts.
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 2006''.
TITLE III--SCIENCE
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
Scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology, $399,869,000, to remain available
until expended, of which not to exceed $3,000,000 may be
transferred to the ``Working Capital Fund'': Provided, That
from amounts provided herein, not to exceed $5,000 shall be
made available in fiscal year 2006 for official reception and
representation expenses.
Industrial technology services
For necessary expenses of the Hollings Manufacturing
Extension Partnership of the National Institute of Standards
and Technology, $106,000,000, to remain available until
expended.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $140,000,000, to remain available until expended,
of which $60,000,000 shall be expended for the award of new
grants before September 30, 2006.
Construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by 15 U.S.C. 278c-278e, $198,631,000, to remain
available until expended: Provided, That beginning in fiscal
year 2007 and for each fiscal year thereafter, the Secretary
of Commerce shall include in the budget justification
materials that the Secretary submits to Congress in support
of the Department of Commerce budget (as submitted with the
budget of the President under section 1105(a) of title 31, 10
United States Code) an estimate for each National Institute
of Standards and Technology construction project having a
total multiyear program cost of more than $5,000,000 and
simultaneously the budget justification materials shall
include an estimate of the budgetary requirements for each
such project for each of the five subsequent fiscal years.
National Oceanic and Atmospheric Administration
Operations, research, and facilities
(INCLUDING TRANSFERs OF FUNDS)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft and
vessels; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities
pursuant to cooperative agreements; relocation of facilities,
$3,199,983,000, to remain available until September 30, 2007,
except for funds provided for cooperative enforcement which
shall remain available until September 30, 2008: Provided,
That in addition, $3,000,000 shall be derived by transfer
from the fund entitled ``Coastal Zone Management'' and in
addition $62,000,000 shall be derived by transfer from the
fund entitled ``Promote and Develop Fishery Products and
Research Pertaining to American Fisheries'': Provided
further, That fees and donations received for the management
of the national marine sanctuaries may be retained and used
for the salaries and expenses associated with those
activities, notwithstanding 31 U.S.C. 3302: Provided further,
That grants to States pursuant to sections 306 and 306A of
the Coastal Zone Management Act of 1972, as amended, shall
not exceed $2,000,000, unless funds provided for ``Coastal
Zone Management Grants'' exceed funds provided in the
previous fiscal year: Provided further, That if funds
provided for ``Coastal Zone Management Grants'' exceed funds
provided in the previous fiscal year, then no State shall
receive more than 5 percent or less than 1 percent of the
additional funds: Provided further, That, of the
$3,264,983,000 provided for in direct obligations under this
heading, $610,462,000 shall be for the National Ocean
Service, $763,783,000 shall be for the National Marine
Fisheries Service, $470,109,000 shall be for Oceanic and
Atmospheric Research, $772,762,000 shall be for the National
Weather Service, $180,412,000 shall be for the National
Environmental Satellite, Data, and Information Service, and
$402,455,000 shall be for Program Support: Provided further,
That payments of funds made available under this heading to
the Department of Commerce Working Capital Fund including
Department of Commerce General Counsel legal services shall
not exceed $40,693,000: Provided further, That the personnel
management demonstration project established at the National
Oceanic and Atmospheric Administration pursuant to 5 U.S.C.
4703 may be expanded by 3,500 full-time positions to include
up to 6,925 full time positions and may be extended
indefinitely: Provided further, That none of the funds in
this Act may be used for the National Oceanic and Atmospheric
Administration to implement the Department of Commerce's E-
Government initiatives: Provided further, That,
notwithstanding any other provision of law, the authorities
provided to National Aeronautics and Space Administration
pursuant to 42 U.S.C. 2473 shall be available to the National
Oceanic and Atmospheric Administration in the furtherance of
its oceanic, atmospheric and space mission and programs:
Provided further, That the obligated balance of such sums
shall remain available through September 30, 2012 for
liquidating obligations made in fiscal years 2004 and 2005.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for medical care of retired personnel
and their dependents under the Dependents Medical Care Act
(10 U.S.C. ch. 55), such sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$1,195,017,000, to remain available until September 30, 2008,
except funds provided for construction of facilities which
shall remain available until expended: Provided, That funds
provided under this heading for the National Polar-orbiting
Operational Environmental Satellite System shall only be made
available on a dollar for dollar matching basis with funds
provided for the same purpose by the Department of Defense:
Provided further, That except to the extent expressly
prohibited by any other law, the Department of Defense may
delegate procurement functions related to the National Polar-
orbiting Operational Environmental Satellite System to
officials of the Department of Commerce pursuant to section
2311 of title 10, United States Code: Provided further, That
beginning in fiscal year 2006 and for each fiscal year
thereafter, the Secretary of Commerce shall include in the
budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section
1105(a) of title 31, 10 United States Code) an estimate for
each National Oceanic and Atmospheric Administration
procurement, acquisition and construction program having a
total multiyear program cost of more than $5,000,000 and an
estimate of the budgetary requirements for each such program
for each of the five subsequent fiscal years.
Pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $90,000,000 to remain available
under September 30, 2007.
Coastal zone management fund
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$3,000,000 shall be transferred to the ``Operations, Research
and Facilities'' account to offset the costs of implementing
such Act.
Fisheries finance program account
For the costs of direct loans, $287,000, as authorized by
the Merchant Marine Act of 1936: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in the Federal Credit Reform Act of 1990: Provided
further, That these funds are only available to subsidize
gross obligations for the principal amount of direct loans
not to exceed $5,000,000 for Individual Fishing Quota loans,
and not to exceed $59,000,000 for traditional direct loans,
of which $19,000,000 may be used for direct loans to the
United States menhaden fishery: Provided further, That none
of the funds made available under this heading may be used
for direct loans for any new fishing vessel that will
increase the harvesting capacity in any United States
fishery.
National Aeronautics and Space Administration
Science, Aeronautics, and Exploration
(including transfers of funds)
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics and exploration
research and development activities, including research,
development, operations, support and services; maintenance;
construction of facilities including repair, rehabilitation,
revitalization, and modification of facilities, construction
of new facilities and additions to existing facilities,
facility planning and design, and restoration, and
acquisition or condemnation of real property, as authorized
by law; environmental compliance and restoration; space
flight, spacecraft control and communications activities
including operations, production, and services; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor
vehicles; not to exceed $35,000 for official reception and
representation expenses; and purchase, lease, charter,
maintenance and operation of mission and administrative
aircraft, $9,761,000,000, to remain available until September
30, 2007, of which amounts as determined by the Administrator
for salaries and benefits; training, travel and awards;
facility and related costs; information technology services;
science, engineering, fabricating and testing services; and
other administrative services may be transferred to
``Exploration Capabilities'' in accordance with section
312(b) of the National Aeronautics and Space Act of 1958, as
amended by Public Law 106-377: Provided, That within the
amounts provided under this heading, $250,000,000 shall be
for a Hubble servicing mission, $1,120,100,000 shall be for
Constellation systems, and $132,930,000 shall be for other
related exploration, science, and aeronautics activities.
Exploration Capabilities
(including transfer of funds)
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration capabilities research and
development activities, including research, development,
operations, support and services; maintenance; construction
of facilities including repair, rehabilitation,
revitalization and modification of facilities, construction
of new facilities and additions to existing facilities,
facility planning and design, and acquisition or condemnation
of real property, as authorized by law; environmental
[[Page S9765]]
compliance and restoration; space flight, spacecraft control
and communications activities including operations,
production, and services; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; not to exceed $35,000
for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of
mission and administrative aircraft, $6,603,000,000, to
remain available until September 30, 2007, of which amounts
as determined by the Administrator for salaries and benefits;
training, travel and awards; facility and related costs;
information technology services; science, engineering,
fabricating and testing services; and other administrative
services may be transferred to ``Science, Aeronautics, and
Exploration'' in accordance with section 312(b) of the
National Aeronautics and Space Act of 1958, as amended by
Public Law 106-377.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as
amended, $32,400,000, to remain available until September 30,
2007.
Administrative Provisions
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, aeronautics, and exploration'',
or ``Exploration capabilities'' by this appropriations Act,
when any activity has been initiated by the incurrence of
obligations for construction of facilities or environmental
compliance and restoration activities as authorized by law,
such amount available for such activity shall remain
available until expended. This provision does not apply to
the amounts appropriated for minor institutional
revitalization and construction of facilities, and
institutional facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, Aeronautics, and Exploration'',
or ``Exploration capabilities'' by this appropriations Act,
the amounts appropriated for construction of facilities shall
remain available until September 30, 2008.
Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the
prize is claimed or the offer is withdrawn. Funding shall not
be made available for Centennial Challenges unless
authorized.
The unexpired balances of prior appropriations to National
Aeronautics and Space Administration for activities for which
funds are provided under this Act may be transferred to the
new account established for the appropriation that provides
such activity under this Act. Balances so transferred may be
merged with funds in the newly established account and
thereafter may be accounted for as one fund under the same
terms and conditions.
National Science Foundation
Research and Related Activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42 U.S.C.
1880-1881); services as authorized by 5 U.S.C. 3109;
maintenance and operation of aircraft and purchase of flight
services for research support; acquisition of aircraft; and
authorized travel; $4,345,213,000, of which at least
$386,930,000 shall remain available until expended for Polar
research and operations support, of which up to $58,000,000
shall be used for the procurement of polar ice breaking
services from the U.S. Coast Guard, and that in the event
that the U.S. Coast Guard is unable to provide said ice
breaking services, then the National Science Foundation shall
procure such services from alternative sources, and for
reimbursement to other Federal agencies for operational and
science support and logistical and other related activities
for the United States Antarctic program; the balance to
remain available until September 30, 2006: Provided, That
receipts for scientific support services and materials
furnished by the National Research Centers and other National
Science Foundation supported research facilities may be
credited to this appropriation: Provided further, That to the
extent that the amount appropriated is less than the total
amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings,
specified in the authorizing Act for those program activities
or their subactivities shall be reduced proportionally.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950, as amended,
including authorized travel, $193,350,000, to remain
available until expended.
education and human resources
For necessary expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), including services as
authorized by 5 U.S.C. 3109, authorized travel, and rental of
conference rooms in the District of Columbia, $747,000,000,
to remain available until September 30, 2006: Provided, That
to the extent that the amount of this appropriation is less
than the total amount authorized to be appropriated for
included program activities, all amounts, including floors
and ceilings, specified in the authorizing Act for those
program activities or their subactivities shall be reduced
proportionally.
salaries and expenses
For salaries and expenses necessary in carrying out the
National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875); services authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; not to exceed $9,000 for
official reception and representation expenses; uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
rental of conference rooms in the District of Columbia; and
reimbursement of the General Services Administration for
security guard services; $229,896,000: Provided, That
contracts may be entered into under ``Salaries and expenses''
in fiscal year 2006 for maintenance and operation of
facilities, and for other services, to be provided during the
next fiscal year.
office of the NATIONAL SCIENCE BOARD
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950 (42
U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,000,000: Provided, That not more than $9,000 shall be
available for official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978, as
amended, $11,500,000, to remain available until September 30,
2006.
Executive Office of the President
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of
passenger motor vehicles, and services as authorized by 5
U.S.C. 3109, not to exceed $2,500 for official reception and
representation expenses, and rental of conference rooms in
the District of Columbia, $5,564,000.
General Provisions--Science
(including transfer of funds)
Sec. 301. Notwithstanding any other provision of law, of
the amounts made available elsewhere in this title to the
``National Institute of Standards and Technology,
Construction of Research Facilities'', $8,000,000 is for a
cooperative agreement with the Medical University of South
Carolina; $20,000,000 is for the National Formulation Science
Laboratory at the University of Southern Mississippi;
$20,000,000 is for the University of Mississippi Research
Park; $5,000,000 is for the Alabama State University Science
and Education Building; $8,000,000 is for Tuscaloosa,
Alabama, revitalization; $20,000,000 is for the Biomedical
Research Center at the University of Alabama at Birmingham;
and $30,000,000 is for the University of Alabama for the
design and construction of the Science and Engineering
Center.
Sec. 302. Of the amount available from the fund entitled
``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'', $10,000,000 shall be
provided to the Alaska Fisheries Marketing Board, $5,000,000
shall be available to the Southern Shrimp Alliance for its
``Wild American Shrimp Marketing Program''.
Sec. 303. Of the amounts made available under the heading
``Procurement, Acquisition and Construction, National Oceanic
and Atmospheric Administration'', $12,000,000 shall be
transferred to the National Aeronautics and Space
Administration for the planning, design, and construction of
Building 3203, and for the planning and design of Buildings
3205 and 3216.
This title may be cited as the ``Science Appropriations
Act, 2006''.
TITLE IV--RELATED AGENCIES
Commission on Civil Rights
Salaries and Expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,000,000:
Provided, That not to exceed $50,000 may be used to employ
consultants: Provided further, That none of the funds
appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days.
Equal Employment Opportunity Commission
Salaries and Expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964 (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
including services as authorized by 5 U.S.C. 3109; hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343(b);
non-monetary awards to private citizens; and not to exceed
$33,000,000 for payments to State and local enforcement
agencies for services to the Commission pursuant to title VII
of the Civil Rights Act of 1964, sections 6 and 14 of the Age
Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
$331,228,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,500 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations have been
notified of such proposals, in accordance with the
reprogramming provisions of section 505 of this Act.
[[Page S9766]]
Federal Communications Commission
Salaries and Expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $9,900,000 for land and structure; not to exceed
$500,000 for improvement and care of grounds and repair to
buildings; not to exceed $4,000 for official reception and
representation expenses; purchase and hire of motor vehicles;
special counsel fees; and services as authorized by 5 U.S.C.
3109, $297,370,000: Provided, That $296,370,000 of offsetting
collections shall be assessed and collected pursuant to
section 9 of title I of the Communications Act of 1934, shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2006 so as to result in a final fiscal year 2006
appropriation estimated at $1,000,000: Provided further, That
any offsetting collections received in excess of $296,370,000
in fiscal year 2006 shall remain available until expended,
but shall not be available for obligation until October 1,
2006: Provided further, That notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding
system that may be retained and made available for obligation
shall not exceed $85,000,000 for fiscal year 2006: Provided
further, That, in addition, not to exceed $20,000,000 may be
transferred from the Universal Service Fund to monitor the
Universal Service Fund program to prevent and remedy waste,
fraud and abuse, and to conduct audits and investigations by
the Office of Inspector General: Provided further, That any
sums that are transferred from such Fund for such purposes
shall be subject to the reprogramming requirements set forth
in section 505 of this Act.
Federal Trade Commission
Salaries and Expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$211,000,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law,
not to exceed $116,000,000 of offsetting collections derived
from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, shall be
retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any
other provision of law, $23,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the
Telemarketing Sales Rule, promulgated under the Telephone
Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et
seq.), shall be credited to this account, and be retained and
used for necessary expenses in this appropriation: Provided
further, That the sum herein appropriated from the general
fund shall be reduced as such offsetting collections are
received during fiscal year 2006, so as to result in a final
fiscal year 2006 appropriation from the general fund
estimated at not more than $72,000,000: Provided further,
That none of the funds made available to the Federal Trade
Commission may be used to enforce subsection (e) of section
43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t) or
section 151(b)(2) of the Federal Deposit Insurance
Corporation Improvement Act of 1991 (12 U.S.C. 1831t note):
Provided further, That hereafter no funds appropriated in
this or any other Act shall be expended to remove the Federal
Trade Commission from its headquarters building, the Federal
Trade Commission Building, located at 600 Pennsylvania
Avenue, Northwest, Washington, DC; to render such building
appropriate for occupation by another Federal agency or other
organization or division thereof; or to locate any such
agency, organization, or division in said building.
Legal Services Corporation
Payment to the Legal Services Corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$324,527,000, of which $312,251,000 is for basic field
programs and required independent audits; $2,600,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $13,900,000 is for management and administration;
$3,400,000 is for client self-help and information
technology; and $2,849,000 is for grants to offset losses due
to census adjustments.
Administrative Provision--Legal Services Corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2005 and 2006, respectively,
and except that section 501(a)(1) of Public Law 104-134 (110
Stat. 1321-51, et seq.) shall not apply to the use of the
$1,775,000 to address loss of funding due to Census-based
reallocations.
Marine Mammal Commission
Salaries and Expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, $2,000,000.
National Veterans Business Development Corporation
For necessary expenses of the National Veterans Business
Development Corporation as authorized under section 33(a) of
the Small Business Act, $2,000,000, to remain available until
expended.
Securities and Exchange Commission
Salaries and Expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,000 for official reception and representation expenses,
$888,117,000; of which not to exceed $13,000 may be used
toward funding a permanent secretariat for the International
Organization of Securities Commissions; and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations, appropriate representatives and staff
to exchange views concerning developments relating to
securities matters, development and implementation of
cooperation agreements concerning securities matters and
provision of technical assistance for the development of
foreign securities markets, such expenses to include
necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in
attendance at such consultations and meetings including: (1)
such incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such
meetings; and (3) any other related lodging or subsistence:
Provided, That fees and charges authorized by sections 6(b)
of the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)),
and 13(e), 14(g) and 31 of the Securities Exchange Act of
1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited
to this account as offsetting collections: Provided further,
That not to exceed $863,117,000 of such offsetting
collections shall be available until expended for necessary
expenses of this account: Provided further, That $25,000,000
shall be derived from prior year unobligated balances from
funds previously appropriated to the Securities and Exchange
Commission: Provided further, That the total amount
appropriated under this heading from the general fund for
fiscal year 2006 shall be reduced as such offsetting fees are
received so as to result in a final total fiscal year 2006
appropriation from the general fund estimated at not more
than $0.
Small Business Administration
Salaries and Expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law
106-554, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344, and not to exceed
$3,500 for official reception and representation expenses,
$336,084,000: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by
the Small Business Administration, and certain loan servicing
activities: Provided further, That, notwithstanding 31 U.S.C.
3302, revenues received from all such activities shall be
credited to this account, to be available for carrying out
these purposes without further appropriations: Provided
further, That $89,000,000 shall be available to fund grants
for performance in fiscal year 2006 or fiscal year 2007 as
authorized: Provided further, That the Small Business
Administration is authorized to award grants under the
Women's Business Center Sustainability Pilot Program
established by section 4(a) of Public Law 106-165 (15 U.S.C.
656(l)): Provided further, That, of the amounts provided for
Women's Business Centers, not less than 48 percent shall be
available to continue Women's Business Centers in
sustainability status.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $14,500,000.
Surety Bond Guarantees Revolving Fund
For additional capital for the Surety Bond Guarantees
Revolving Fund, authorized by the Small Business Investment
Act, as amended, $3,000,000, to remain available until
expended.
Business Loans Program Account
(Including transfer of funds)
For the cost of guaranteed loans, $2,000,000, as authorized
by 15 U.S.C. 631 note, to remain available until September
30, 2006: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2006 commitments to guarantee loans
under section 503 of the Small Business Investment Act of
1958, shall not exceed the levels established under
20(e)(1)(B)(ii) of the Small Business Act: Provided further,
That during fiscal year 2006 commitments for general business
loans authorized under section 7(a) of the Small Business
Act, shall not exceed the levels established under
20(e)(1)(B)(i) of the Small Business Act: Provided further,
That during fiscal year 2006 commitments to guarantee loans
for debentures and participating securities under section
303(b) of the Small Business Investment Act of 1958, shall
not exceed the levels established by section 20(i)(1)(C) of
the Small Business Act.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $126,653,000, which may
be transferred to and merged with the appropriations for
Salaries and Expenses.
Disaster Loans Program Account
For the cost of direct loans authorized by section 7(b) of
the Small Business Act, $83,335,000,
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to remain available until expended: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out the
direct loan program, $56,000,000, which may be transferred to
and merged with appropriations for Salaries and Expenses, of
which $1,500,000 is for the Office of Inspector General of
the Small Business Administration for audits and reviews of
disaster loans and the disaster loan program and shall be
transferred to and merged with appropriations for the Office
of Inspector General; of which $46,100,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program; and of which $9,000,000 is for
indirect administrative expenses and may be transferred to
and merged with funds in the Salaries and Expenses
appropriations account: Provided, That any amount to be
transferred to and merged with appropriations for Salaries
and Expenses for any purpose shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Administrative Provision--Small Business Administration
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
State Justice Institute
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act
of 1992 (Public Law 102-572), $5,000,000: Provided, That not
to exceed $2,500 shall be available for official reception
and representation expenses.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the Federal
Communications Commission, the Securities and Exchange
Commission, and the Small Business Administration shall
provide to the Committees on Appropriations of the Senate and
of the House of Representatives a quarterly accounting of the
cumulative balances of any unobligated funds that were made
available to any such agency in any previous appropriations
Act.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2006, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes or renames offices;
(6) reorganizes programs or activities; or (7) contracts out
or privatizes any functions or activities presently performed
by Federal employees; unless the Appropriations Committees of
both Houses of Congress are notified 15 days in advance of
such reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2006, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $1,000,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects (including
construction projects), or activities; (2) reduces by 10
percent funding for any existing program, project, or
activity, or numbers of personnel by 10 percent as approved
by Congress; or (3) results from any general savings from a
reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by
Congress; unless the Appropriations Committees of both Houses
of Congress are notified 15 days in advance of such
reprogramming of funds: Provided, That transfers may not be
made from ``Buildings and Facilities, Federal Prison System''
to any other Department of Justice account.
Sec. 506. Hereafter, none of the funds made available in
this Act or any other Act may be used for the construction,
repair (other than emergency repair), overhaul, conversion,
or modernization of vessels for the National Oceanic and
Atmospheric Administration in shipyards located outside of
the United States.
Sec. 507. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, the
person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 508. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to
implement, enforce, or otherwise abide by the Memorandum of
Agreement signed by the Federal Trade Commission and the
Antitrust Division of the Department of Justice on March 5,
2002.
Sec. 509. Section 704 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3234) shall not apply to
any funds made available by this Act or an amendment made by
this Act.
Sec. 510. Any costs incurred by a department or agency
funded under this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to
such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition
to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 511. Of the funds appropriated in this Act under the
heading ``Office of Justice Programs--State and Local Law
Enforcement Assistance'', not more than 90 percent of the
amount to be awarded to an entity under the Local Law
Enforcement Block Grant shall be made available to such an
entity when it is made known to the Federal official having
authority to obligate or expend such funds that the entity
that employs a public safety officer (as such term is defined
in section 1204 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968) does not provide such a public
safety officer who retires or is separated from service due
to injury suffered as the direct and proximate result of a
personal injury sustained in the line of duty while
responding to an emergency situation or a hot pursuit (as
such terms are defined by State law) with the same or better
level of health insurance benefits at the time of retirement
or separation as they received while on duty.
Sec. 512. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 513. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under
42 U.S.C. 10601 in any fiscal year in excess of $625,000,000
shall not be available for obligation until the following
fiscal year.
Sec. 514. Of the amounts made available under the heading
``Small Business Administration, Salaries and Expenses'',
$50,000,000 shall be available for programs described in the
statement accompanying this Act.
Sec. 515. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for--
(1) the implementation of any tax or fee in connection with
the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be
prohibited from possessing or receiving a firearm no more
than 24 hours after the system advises a Federal firearms
licensee that possession or receipt of a firearm by the
prospective transferee would not violate subsection (g) or
(n) of section 922 of title 18, United States Code, or State
law.
Sec. 516. All disaster loans issued in Alaska shall be
administered by the Small Business Administration and shall
not be sold during fiscal year 2006.
Sec. 517. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 518. The Secretary of Commerce shall represent the
United States Government in negotiating and monitoring
international agreements regarding fisheries, marine mammals,
or sea turtles: Provided, That the Secretary of Commerce
shall be responsible for the development and
interdepartmental coordination of the policies of the United
States with respect to the international negotiations and
agreements referred to in this section.
Sec. 519. Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures
set forth in section 505 of this Act.
Sec. 520. Universal Service Support. None of the funds
appropriated by this Act may be used by the Federal
Communications Commission to modify, amend, or change its
rules or
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regulations for universal service support payments to
implement the February 27, 2004 recommendations of the
Federal-State Joint Board on Universal Service regarding
single connection or primary line restrictions on universal
service support payments.
Sec. 521. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives are released
without adequate disclaimers regarding the limitations of the
data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives
shall include in all such data releases, language similar to
the following that would make clear that trace data cannot be
used to draw broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not
all firearms used in crime are traced and not all firearms
traced are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes or models of
firearms are used for illicit purposes. The firearms selected
do not constitute a random sample and should not be
considered representative of the larger universe of all
firearms used by criminals, or any subset of that universe.
Firearms are normally traced to the first retail seller, and
sources reported for firearms traced do not necessarily
represent the sources or methods by which firearms in general
are acquired for use in crime.
TITLE VI--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
counterterrorism fund
(rescission)
Of the unobligated balances available under this heading,
$11,000,000 are rescinded.
Legal Activities
assets forfeiture fund
(rescission)
Of the unobligated balances available under this heading,
$82,000,000 are rescinded.
Federal Bureau of Investigation
salaries and expenses
(rescission)
Of the unobligated balances available under this heading,
$103,502,000 are rescinded; of which $30,000,000 shall be
from funding for J. Edgar Hoover Federal Bureau of
Investigation Building tours; and of which $73,502,000 shall
be from funding for the Federal Bureau of Investigation's
failed computer modernization program.
This Act may be cited as the ``Departments of Commerce and
Justice, Science, and Related Agencies Appropriations Act,
2006''.
Amend the title so as to read: ``An Act making
appropriations for the Departments of Commerce and Justice,
Science, and related agencies, for the fiscal year ending
September 30, 2006, and for other purposes.''.
The committee amendment in the nature of a substitute was agreed to.
The PRESIDING OFFICER. The Senator from Mississippi is recognized.
Mr. COCHRAN. Mr. President, on behalf of the distinguished chairman
of the Subcommittee on Commerce, Justice, Science, and Related Agencies
of the Senate Appropriations Committee, Mr. Shelby, I am pleased to
present to the Senate the appropriations bill written by the
subcommittee for fiscal year 2006.
Senators Shelby and Mikulski have done an outstanding job producing
this bill at a time when discretionary dollars are scarce. The
subcommittee chairman and ranking member have had to make many
difficult decisions on issues that were presented during the writing of
this bill.
The consideration of the bill also comes at a time when we have
witnessed a terrible tragedy in the gulf coast region of our Nation.
The entire region, including specifically Alabama, Louisiana,
Mississippi, and other areas have suffered serious damages, the loss of
lives and livelihoods.
This bill provides funding for many Government functions and programs
that are important to hurricane prediction, response, and recovery.
Small Business Administration disaster loans, Economic Development
Administration public works grants, and State and local law enforcement
assistance grants are a few examples of programs contained in the bill
that can help disaster victims in the short run.
We do need immediate assistance available, and these funds will
become available at the beginning of the fiscal year, starting October
1.
The National Oceanic and Atmospheric Administration is a major agency
involved in researching, forecasting, monitoring, and warning of
hurricanes. Funding for that agency is included in this bill.
But this bill also reflects a commitment to responsibility in holding
down the level of spending at a time when we see the Federal Government
building up deficits that some worry threaten the economic livelihood
and growth potential of our economy. So this is a lean bill. Senator
Shelby and Senator Mikulski have had to refuse to include in the bill a
lot of requested projects for funding. These are difficult decisions
because the needs are real and many are very meritorious. But I think
Senators will find this bill supports the functions and
responsibilities of the agencies and the Departments that are funded in
the bill. There are increases provided where those increases are
necessary and important to include.
The bill is within the 302(b) allocation of the Budget Act, and the
total amount recommended in the bill is $885 million above the fiscal
year 2005 level. This is a 2-percent increase over last year's level of
spending.
The bill includes an increase of over $1 billion above the
President's budget request for the Department of Justice. This is
primarily due to the restoration of the proposed cuts to State and
local law enforcement grant programs. I am sure the funds will be
helpful and important in the discharge of those responsibilities at the
local level throughout the country.
The bill recommends nearly $7.2 billion for the Department of
Commerce, including the National Oceanic and Atmospheric Administration
and the National Institute of Standards Technology, which is an 8-
percent increase over last year's level of funding. This part of the
bill is particularly important because it provides funding for
hurricane prediction and warning, including the National Data Buoy
Center which provides data from the oceans to help assess the strength
and speed of hurricanes.
The bill also provides funding for NASA, the National Aeronautics and
Space Administration, to move forward with the exploration vision,
while fully funding activities of the space shuttle and the
International Space Station.
In the related agencies title of the bill, funding is included for
the Securities and Exchange Commission and the Federal Communications
Commission.
The bill also addresses very important needs that were brought to the
attention of the committee during hearings by both the administration
and other Senators. Overall, the subcommittee chairman and ranking
member have crafted a bill that reflects the committee's and the
Senate's priorities as well as those of the administration.
I hope Senators will support the bill. And we hope we can complete
action on it today.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Thank you very much, Mr. President.
I come to the floor as the ranking member of this very brandnew
subcommittee called Commerce, Justice, and Science. As the Presiding
Officer knows, and our colleagues remember, the Appropriations
Committee reorganized itself, and I had been the ranking member of a
subcommittee called VA-HUD and Independent Agencies. It exists no more.
But now we have Commerce, Justice, and Science, which we think is an
outstanding subcommittee, funding the important agencies related to
making us a safer, stronger, smarter, more innovative country.
Originally, I anticipated our bill would come up today with such
enthusiasm and such joy in working with my colleague, Senator Shelby,
whom I served with in the House, that we would work together on a
bipartisan basis to fashion the bill, but on its way to the floor a
great national tragedy occurred with Hurricane Katrina.
I want to say here today on the floor to the distinguished Senator
from Mississippi, who has just spoken, Mr. Cochran, the chairman of the
Appropriations Committee, first of all, know that you can count on me
for full support to move all appropriate legislation to help the people
of our gulf coast. I know the distinguished Senator is from a wonderful
State with a great heritage and is a great contributor to our economy.
And we know his State has been hit hard. We watched him tour the hit
zones.
This is a time we all do work together. I know all of our colleagues
are so proud of the rescue workers who are going to continue to rescue
people throughout the gulf coast region. Our hearts and prayers and
thoughts go out
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to the families who have lost everything in this terrible tragedy.
At the same time, we acknowledge the tremendous role of scores of
National Guard soldiers, our Coast Guard rescuers, those Navy guys who
rescued 110 people--and they might have gotten a reprimand from their
commander, but they would certainly get a hug and kiss from this
Senator for what they did--and the doctors and nurses and the
paramedics and all the first responders and law enforcement. Everybody
who is out there working a 36-hour day, we thank you and we salute you.
As of Monday, there have been so many who have been rescued, shelters
that have been opened, and hot meals being served. Also, under the
doctrine of mutual assistance, other States have opened their doors--
Texas, Arkansas. My own State of Maryland has sent tremendous help and
support. So we all need to pull together now.
I am glad the press has stopped calling those people who have lost
everything refugees. ``Refugee'' is an honorable title, but this is not
``Hotel Rwanda.'' This is the United States of America. All those
people are our citizens. They have been evacuated, but they have a home
to go back to. And they have another home called the United States of
America, where every State, every city would have an open door toward
them. They have not lost their home. They have not lost their homeland.
And they cannot lose their way.
In my own home State, we have sent people down to rescue people--
first responders. Governor Ehrlich sent our National Guard. We are so
proud of the hospital ship, the USS Comfort, that is steaming down
heading toward the coast of New Orleans. But whether it has been first
responders, local law enforcement, charitable aid from the nonprofits
and faith-based organizations, they all wanted to offer a contribution.
But we cannot do this on philanthropic activity alone. We cannot do
this with just good will. And to be sure, eventually fatigue will set
in. But the U.S. Federal Government must be tireless. It must be
responsive. It is critical we approve the Commerce, Justice, Science
appropriations bill quickly. The distinguished Senator from Mississippi
has outlined this bill.
This bill provides a downpayment for the victims of Katrina to
rebuild their lives and communities. We know a supplemental is coming,
and we will work expeditiously on a bipartisan basis to also help. We
will not play politics with the lives of our citizens and with all of
those who are conducting the rescue and cleanup.
There are some important things in this bill that can be of specific
and immediate help. One is the Small Business Administration's disaster
loan program. It is not just for business, it is for families. SBA
provides low-interest loans of up to $200,000 to repair damaged
property to primary residences, and up to $40,000 for personal
property.
SBA provides low-interest loans to businesses and nonprofits of up to
$1.5 million to repair damage to their real estate, machinery,
equipment, and inventory. So SBA will not only help businesses become
businesses again, but it will help families be able to get their home
going again. And for all those nonprofits that will be there when the
TV cameras leave, this will also help them get on their feet.
Another area where we will be very helpful is in the area of the
Economic Development Administration. This is in the Commerce
Department. It provides grants to State and local governments for
infrastructure repair and modernization. And, boy, do they do that.
Roads need to be built, and not only the great Federal highways, but
those blue highways that make our rural areas so great and provide a
livelihood to those communities.
Economic development assistance money can help recover from sudden
and severe dislocation. This bill includes $315 million for EDA, and we
presume that in the supplemental this could be a very specific line
item that would not get lost in big bureaucracy.
We want to provide assistance in the Department of Justice to our
State and local police. They provide the safety and security of first
choice so we want to make sure that they are supported. They themselves
have lost police stations. They have lost their equipment. They have
lost their homes. We need to be able to help them.
While we also are repairing the damage, we need to look ahead and be
sure we can always give the best predictions possible so people can get
out of harm's way. This bill funds the National Weather Service. It is
a branch of NOAA, and it has already done a great job of predicting
hurricanes, storms, flooding, and tornadoes. But we want to bring even
more innovation to them and more resources so they can predict not only
hurricanes but any other natural disaster coming to a community so that
we can prevent loss of life and secure property. Those are some of the
things that can be focused immediately on Katrina and future
prevention. As we know, there are some hurricanes gathering with names
like Ophelia off the coast now. That is what we can do.
At the same time, Senator Shelby and I, taking our new charge very
seriously, said we wanted to work together to build a safer, stronger,
smarter America. So we concentrated on the Department of Justice to
make this a safer country. What we then did was look at the agencies
within our portfolio, the FBI, Drug Enforcement, the U.S. Marshals
Service, as well as alcohol and firearms. We know that the Department
of Justice protects us from terrorists and protects our neighborhoods
and communities. They protect us against those who have a predatory
intent against our country, the terrorists, but it also protects our
children against sexual predators. We want to salute President Bush and
Attorney General Gonzales for developing a specific watch list for the
registration of sexual predators. It has given a wake-up call to all
States. Predatory behavior doesn't go in our country.
The Department of Justice accounts for almost 50 percent of our
entire bill. The FBI is the lead agency. It will receive $5.3 billion,
a $100 million increase, so that they can continue to fight organized
terrorism and organized crime as well. We have given the FBI a record
amount to do that. We look forward to working with them to correct some
of their problems in technology, and we know they are improving their
management. At the same time, we thank them for focusing, No. 1, on
protecting our children through the Missing and Exploited Children's
Program, which, by the way, the Missing and Exploited Children's
Program is now going to be used to help locate over 100 to 1,000
children, where their parents don't know where they are. We are going
to find those children, and we are going to bring them back to their
parents one way or another.
Working together with the Bureau of Alcohol, Tobacco, and Firearms,
we want to make sure they have the resources to protect us against
arson, street crime, and gangs that are now menacing our communities.
We thank them for the outstanding job that the ATF arson laboratory did
in Maryland. It identified the DC serial arsonist that burned down
homes in Charles County. It also provided the ballistic laboratory that
helped to solve the DC sniper case. Our law enforcement is on the job,
and they are protecting us every day. We have tried to protect them in
the Federal budget so that they can do their job.
At the same time, while we are doing law enforcement, we look at
commerce and science. This is where we talk about building a stronger
economy and a smarter America. We do all we can to fund the programs in
the Commerce Department. One of our most important places, though, is
where we protect our intellectual property. As we are working to
protect our citizens, we have to protect what our citizens invent. We
are the country of discovery, of innovation, of invention. If you
invented it, we think you ought to be able to keep it. We, therefore,
provided $1.7 billion for the Patent and Trademark Office. It is a
record amount that should help them reduce their backlog of patent
applications and help us make sure we secure those new ideas that are
going to create the new jobs right here in the United States.
We are also supporting our great Federal laboratories that help come
up with the new ideas and set the standards for products so they can go
to the marketplace. That is the National Institute of Standards and
Technology located in Maryland. It sets standards that are critical to
successful commerce and, because of what they do,
[[Page S9770]]
transfers technology to the American business community.
The bill fully funds the Advanced Tech Program and the Manufacturing
Extension Program which are important to fostering competitiveness. In
science, we have NOAA, which I have spoken about, which does fantastic
work on weather prediction, saving lives, and saving communities
through their predictions. But at the same time, they do fantastic
research on our oceans, on our bays and so on. We know that we are
going to face, because of Katrina, a real impact on oysters and clams
and shrimp on the gulf coast. What are the ideas to be able to help out
and restore the bays that produce those delicious morsels but that are
so important to the economy and to little people who have names like
watermen and fishermen and seafood? This is what we are challenging
NOAA to do, continue their great research. But we need immediate and
practical solutions to protect the seafood industry on the gulf coast.
Then there is NASA. Originally, we thought the only risky operation
was going to be the Hubble telescope. Now we have human need pressing
us, and we are going to meet that need. For NASA, we have provided
$16.4 billion, a $200 million increase over last year. This does
include the money for the Hubble servicing mission. We are going to
provide full funding for the space shuttle, for the space station, and
work with Dr. Griffin on the new Crew Exploration Vehicle.
Because of Katrina, we know two major NASA facilities were heavily
damaged. One was the Michoud assembly facility in New Orleans. The
other was the Stennis facility in Mississippi. This is everything from
shipyards to spaceships, from Navy ships to spaceships. We know those
facilities suffered tremendous damage, and 50 percent of the employees
lost their homes. We expect the administration and the agencies to tell
us what happened to those employees and how we can help them.
On the bright side, we are so happy about the successful mission of
Discovery last month. Weren't we proud of Colonel Collins and that
daring-do, can-do crew that got out there and did the kind of repair
work that had never been done in space, showed our courage and our
tenacity and our technological capability. We want to support them. We
know they want to return to space. The shuttle tanks were to be
prepared in New Orleans. We are going to have to make adjustments. But
then again, everybody is making adjustments, and we are all going to
work together. The National Science Foundation is also in here. Just
think what the Committee on Science is--NIST, NOAA, NASA, the Science
Foundation. These are the new ideas. It is going to help with funding
for important research in new ideas in basic science like physics and
also breakthrough things again for new jobs like biotech and nanotech.
One of the important things we did was preserve the funding for
historically Black colleges and universities. This is also coming at a
very important time. Louisiana, I believe the entire gulf, was the home
of 28 colleges and universities that were affected by Katrina.
Historically Black colleges all over America, such as Morgan State in
my hometown, are accepting the young men and women from the
historically Black colleges of the gulf coast. They are accepting them
and not asking questions about tuition and other things. This is a way
of also being of help. So we are all pitching in together.
One of the flashing yellow lights in the bill is the census. Because
of staying within our 302(b) allocation, we funded the Census Bureau
with $17 million below last year's level and $150 million below the
President's request. The census is important. They don't just do
something every 10 years where they knock on your door and give you a
complicated form. It continually evaluates who we are and where we live
and gives us important information so that communities and businesses
can develop everything from transportation and education plans to
business targeting the new demography in our country. We are proud of
the civil servants that work in Maryland, and we look forward to
looking at how we can restore funding. When we looked at our
priorities, we thought Census could do without an increase and even a
very modest $17 million cut. We hope to restore that in conference. But
when we looked at all that we needed to do in Justice and all that we
needed to do, particularly in agencies such as the FBI, we felt that
these were our priorities. Now that Katrina has hit us, we will be
reevaluating as we go along.
That is our bill. We are proud of our bill because we have tried to
focus on where America is today and where America needs to go tomorrow.
We tried to look at the day-to-day needs of our constituents and know
that they needed to be protected in their local communities. That is
why we looked at local law enforcement. We know that we face predatory
assault from everything from organized crime to organized terrorists.
We focused on our Justice Department, but also on our science and on
our commerce for new ideas, for new products and invention, but also to
fund those agencies that help them protect their intellectual property
against often international predators and also come up with those new
ideas.
Along the way, Katrina has happened. We are going to make sure this
bill serves the needs now, the immediate needs of our neighbors in the
gulf and those States that have been so kind and so generous and
welcoming. We view this bill as a work in progress, but work it will
be, and progress we will make. We are going to work together.
These are not refugees. They are evacuees, as our Senators are. We
need to remember all of the people who have been affected. We are one
nation, under God, and we are indivisible.
I yield the floor.
The PRESIDING OFFICER. The Senator from Mississippi.
Mr. COCHRAN. Mr. President, I am impressed with the comprehensive
statement made by the distinguished Senator from Maryland, describing
the provisions of this bill that have been prepared and are being
presented today to the Senate by her subcommittee. Her comments and the
tone that she has set reflects so well on the Senate. It also reflects
a bipartisanship that is so important to the writing of this bill. This
is not a Republican bill nor a Democratic bill. It is a bill that
reflects a consensus of the members of the subcommittee and also
respect for the requests being made by the administration for funding
of these agencies and departments for the next fiscal year.
We have all had what some might say is a wake-up call about hurricane
warnings, mobilization of State and local resources, and relocation of
people who are threatened by the ravages of storms such as Katrina.
This bill is designed to meet the challenge that is so fresh in our
minds. It can be presented to Government officials, private
individuals, and businesses as we seek to protect our families and our
property and our lives from the threats hurricanes and other storms
might pose. It also reflects, as the distinguished Senator pointed out,
funding that provides the resources we need for law-and-order
activities, crime prevention, and investigations to ensure we are doing
what has to be done to protect the security of our country.
I know of no more important bill that will come before the Senate
this year from our committee than the one being presented today by
Senators Shelby and Mikulski. They have done a wonderful job working
together. They have set an example by which we could all profit.
We need to act expeditiously on the bill, consider any amendments
that any Senator has to add money or delete funding that is contained
in the bill. We assure everyone that we want to act in a thoughtful way
and one that will reflect credit on the Senate.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Ensign). The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Louisiana.
Ms. LANDRIEU. Mr. President, I ask unanimous consent to speak for
approximately 30 minutes, perhaps more.
The PRESIDING OFFICER. Without objection, it is so ordered.
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