[Congressional Record Volume 151, Number 131 (Monday, October 17, 2005)]
[Senate]
[Pages S11350-S11410]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRANSPORTATION, TREASURY, THE JUDICIARY, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2006
The PRESIDING OFFICER. Under the previous order, the hour of 3 p.m.
having arrived, the Senate will proceed to the consideration of H.R.
3058, which the clerk will report.
The legislative clerk read as follows:
A bill (H.R. 3058) making appropriations for the
Departments of Transportation, Treasury, and Housing and
Urban Development, the Judiciary, the District of Columbia,
and independent 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.
(Strike the part shown in black brackets and insert the
part shown in italic.)
H.R. 3058
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the
Departments of Transportation, Treasury, and Housing and
Urban Development, the Judiciary, District of Columbia, and
independent agencies for the fiscal year ending September 30,
2006, and for other purposes, namely:
[TITLE I
[DEPARTMENT OF TRANSPORTATION
[Office of the Secretary
[Salaries and Expenses
[For necessary expenses of the Office of the Secretary,
$84,913,000 (increased by $250,000) (reduced by $17,339,000),
of which not to exceed $2,198,000 shall be available for the
immediate Office of the Secretary; not to exceed $698,000
shall be available for the immediate Office of the Deputy
Secretary; not to exceed $15,183,000 (increased by $250,000)
shall be available for the Office of the General Counsel; not
to exceed $11,680,000 shall be available for the Office of
the Under Secretary of Transportation for Policy; not to
exceed $7,593,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,052,000 (reduced by $2,052,000) shall be available for the
Office of the Assistant Secretary for Governmental Affairs;
not to exceed $23,139,000 shall be available for the Office
of the Assistant Secretary for Administration; not to exceed
$1,910,000 (reduced by $1,910,000) shall be available for the
Office of Public Affairs; not to exceed $1,442,000 (reduced
by $1,422,000) shall be available for the Office of the
Executive Secretariat; not to exceed $697,000 shall be
available for the Board of Contract Appeals; not to exceed
$1,265,000 shall be available for the Office of Small and
Disadvantaged Business Utilization; not to exceed $2,033,000
for the Office of Intelligence and Security; not to exceed
$3,128,000 shall be available for the Office of Emergency
Transportation; and not to exceed $11,895,000 (reduced by
$11,895,000) shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further, That
no appropriation for any office shall be increased or
decreased by more than 5 percent by all such transfers:
Provided further, That notice of any change in funding
greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 (reduced by $60,000)
shall be for allocation within the Department for official
reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other
provision of law, excluding fees authorized in Public Law
107-71, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees: Provided further,
That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public
Affairs.
[Office of Civil Rights
[For necessary expenses of the Office of Civil Rights,
$8,550,000.
[Transportation Planning, Research, and Development
[For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $40,613,000 (reduced by $31,583,000).
[Working Capital Fund
[Necessary expenses for operating costs and capital outlays
of the Working Capital Fund, not to exceed $120,014,000,
shall be paid from appropriations made available to the
Department of Transportation: Provided, That such services
shall be provided on a competitive basis to entities within
the Department of Transportation: Provided further, That the
above limitation on operating expenses shall not apply to
non-DOT entities: Provided further, That no funds
appropriated in this Act to an agency of the Department shall
be transferred to the Working Capital Fund without the
approval of the agency modal administrator: Provided further,
That no assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless
notice of such assessments and the basis therefor are
presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
[Minority Business Resource Center Program
[For the cost of guaranteed loans, $500,000, as authorized
by 49 U.S.C. 332: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $18,367,000. In addition, for administrative expenses
to carry out the guaranteed loan program, $400,000.
[Minority Business Outreach
[For necessary expenses of Minority Business Resource
Center outreach activities, $3,000,000, to remain available
until September 30, 2007: Provided, That notwithstanding 49
U.S.C. 332, these funds may be used for business
opportunities related to any mode of transportation.
[Payments to Air Carriers
[(Airport and Airway Trust Fund)
[In addition to funds made available from any other source
to carry out the essential air service program under 49
U.S.C. 41731-41742, $54,000,000 to remain available until
expended: Provided, That the Secretary may transfer amounts
appropriated to the Federal Aviation Administration under any
heading in this Act or otherwise available to the Federal
Aviation Administration, to make such amounts available for
obligation and expenditure for the essential air service
program, in satisfaction of the requirements of section
41742(a)(1) of title 49, United States Code, in advance of
the collection of fees under section 45301 of title 49,
United States Code: Provided further, That the Secretary
shall reimburse such amounts to the Federal Aviation
Administration proportionally by transfer, to the extent
possible, from amounts credited to the account established
under section 45303 of title 49, United States
[[Page S11351]]
Code, as such fees are collected during the fiscal year:
Provided further, That, in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of
the carriers.
[New Headquarters Building
[For necessary expenses of the Department of
Transportation's new headquarters building and related
services, $100,000,000 (reduced by $25,000,000) (reduced by
$20,000,000), to remain available until expended.
[Federal Aviation Administration
[Operations
[For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, lease or purchase of passenger motor
vehicles for replacement only, in addition to amounts made
available by Public Law 108-176, $8,042,920,000 (increased by
$263,000,000), of which $4,986,000,000 shall be derived from
the Airport and Airway Trust Fund, of which not to exceed
$6,424,229,000 shall be available for air traffic services
activities; not to exceed $951,042,000 (increased by
$263,000,000) shall be available for aviation regulation and
certification activities; not to exceed $222,171,000 shall be
available for research and acquisition activities; not to
exceed $11,759,000 shall be available for commercial space
transportation activities; not to exceed $50,583,000 shall be
available for financial services activities; not to exceed
$69,943,000 shall be available for human resources program
activities; not to exceed $150,744,000 shall be available for
region and center operations and regional coordination
activities; not to exceed $140,337,000 shall be available for
staff offices; and not to exceed $36,612,000 shall be
available for information services: Provided, That none of
the funds in this Act shall be available for the Federal
Aviation Administration to finalize or implement any
regulation that would promulgate new aviation user fees not
specifically authorized by law after the date of the
enactment of this Act: Provided further, That there may be
credited to this appropriation funds received from States,
counties, municipalities, foreign authorities, other public
authorities, and private sources, for expenses incurred in
the provision of agency services, including receipts for the
maintenance and operation of air navigation facilities, and
for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $7,500,000
shall be for the contract tower cost-sharing program:
Provided further, That funds may be used to enter into a
grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this
Act shall be available for new applicants for the second
career training program: Provided further, That none of the
funds in this Act shall be available for paying premium pay
under 5 U.S.C. 5546(a) to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay: Provided further,
That none of the funds in this Act may be obligated or
expended to operate a manned auxiliary flight service station
in the contiguous United States: Provided further, That none
of the funds in this Act for aeronautical charting and
cartography are available for activities conducted by, or
coordinated through, the Working Capital Fund: Provided
further, That none of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
In addition, $150,000,000 (reduced by $59,000,000) for
transition costs associated with OMB Circular A-76 Flight
Service Station competition.
[Facilities and Equipment
[(airport and airway trust fund)
[For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of air
navigation and experimental facilities and equipment, as
authorized under part A of subtitle VII of title 49, United
States Code, including initial acquisition of necessary sites
by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of
quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at
remote localities where such accommodations are not
available; and the purchase, lease, or transfer of aircraft
from funds available under this heading; to be derived from
the Airport and Airway Trust Fund, $3,053,000,000, of which
$2,618,000,000 shall remain available until September 30,
2008, and of which $435,000,000 shall remain available until
September 30, 2006: Provided, That there may be credited to
this appropriation funds received from States, counties,
municipalities, other public authorities, and private
sources, for expenses incurred in the establishment and
modernization of air navigation facilities: Provided further,
That upon initial submission to the Congress of the fiscal
year 2007 President's budget, the Secretary of Transportation
shall transmit to the Congress a comprehensive capital
investment plan for the Federal Aviation Administration which
includes funding for each budget line item for fiscal years
2007 through 2011, with total funding for each year of the
plan constrained to the funding targets for those years as
estimated and approved by the Office of Management and
Budget.
[Research, Engineering, and Development
[(airport and airway trust fund)
[For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$130,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2008:
Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other
public authorities, and private sources, for expenses
incurred for research, engineering, and development.
[Grants-in-Aid for Airports
[(liquidation of contract authorization)
[(limitation on obligations)
[(airport and airway trust fund)
[(including rescission)
[For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; $3,600,000,000 to be derived from the
Airport and Airway Trust Fund and to remain available until
expended: Provided, That none of the funds under this heading
shall be available for the planning or execution of programs
the obligations for which are in excess of $3,600,000,000 in
fiscal year 2006, notwithstanding section 47117(g) of title
49, United States Code: Provided further, That none of the
funds under this heading shall be available for the
replacement of baggage conveyor systems, reconfiguration of
terminal baggage areas, or other airport improvements that
are necessary to install bulk explosive detection systems:
Provided further, That of the amount authorized for the
fiscal year ending September 30, 2005, under sections 48103
and 48112 of title 49, United States Code, $469,000,000 are
rescinded.
[Administrative Provisions--Federal Aviation Administration
[Sec. 101. Notwithstanding any other provision of law,
airports may transfer without consideration to the Federal
Aviation Administration (FAA) instrument landing systems
(along with associated approach lighting equipment and runway
visual range equipment) which conform to FAA design and
performance specifications, the purchase of which was
assisted by a Federal airport-aid program, airport
development aid program or airport improvement program grant:
Provided, That, the Federal Aviation Administration shall
accept such equipment, which shall thereafter be operated and
maintained by FAA in accordance with agency criteria.
[Sec. 102. None of the funds in this Act may be used to
compensate in excess of 375 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2005.
[Sec. 103. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds in
this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or to grant assurances that
require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
[Sec. 104. None of the funds appropriated or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro Airport in Teterboro, New
Jersey.
[Sec. 105. (a) Section 44302(f)(1) of title 49, United
States Code, is amended by striking ``2005,'' each place it
appears and inserting ``2006,''.
[(b) Section 44303(b) of such title is amended by striking
``2005,'' and inserting ``2006,''.
[Sec. 106. None of the funds made available in this Act
shall be used for engineering work related to an additional
runway at Louis Armstrong New Orleans International Airport.
[Federal Highway Administration
[limitation on administrative expenses
[Necessary expenses for administration and operation of the
Federal Highway Administration, not to exceed $359,529,000
shall
[[Page S11352]]
be paid in accordance with law from appropriations made
available by this Act to the Federal Highway Administration
together with advances and reimbursements received by the
Federal Highway Administration.
[Federal-Aid Highways
[(limitation on obligations)
[(highway trust fund)
[None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for
which are in excess of $36,287,100,000 for Federal-aid
highways and highway safety construction programs for fiscal
year 2006: Provided, That within the $36,287,100,000
obligation limitation on Federal-aid highways and highway
safety construction programs, not more than $485,000,000
shall be available for the implementation or execution of
programs for transportation research (as authorized by title
23, United States Code, as amended; section 5505 of title 49,
United States Code, as amended; and sections 5112 and 5204-
5209 of Public Law 105-178, as amended) for fiscal year 2006:
Provided further, That this limitation on transportation
research programs shall not apply to any authority previously
made available for obligation: Provided further, That the
Secretary may, as authorized by sections 183 and 184 of title
23, United States Code, charge and collect a fee, from the
applicant for a direct loan, guaranteed loan, or line of
credit to cover the cost of the financial and legal analyses
performed on behalf of the Department: Provided further, That
such fees are available until expended to pay for such costs:
Provided further, That such amounts are in addition to
administrative expenses that are also available for such
purpose, and are not subject to any obligation limitation or
the limitation on administrative expenses under 23 U.S.C.
188.
[federal-aid highways
[(liquidation of contract authorization)
[(highway trust fund)
[For carrying out the provisions of title 23, United States
Code, that are attributable to Federal-aid highways,
including the National Scenic and Recreational Highway as
authorized by 23 U.S.C. 148, not otherwise provided,
including reimbursement for sums expended pursuant to the
provisions of 23 U.S.C. 308, $36,000,000,000 or so much
thereof as may be available in and derived from the Highway
Trust Fund (other than the Mass Transit Account), to remain
available until expended.
[Administrative Provisions--Federal Highway Administration
[Sec. 110. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to 49
U.S.C. 111 may be credited to the Federal-aid highways
account for the purpose of reimbursing the Bureau for such
expenses: Provided, That such funds shall be subject to the
obligation limitation for Federal-aid highways and highway
safety construction.
[Federal Motor Carrier Safety Administration
[Motor Carrier Safety Operations and Programs
[(limitation on obligations)
[(liquidation of contract authorization)
[(highway trust fund)
[(including transfer of funds)
[None of the funds provided for expenses for administration
of motor carrier safety programs and motor carrier safety
research shall be available for fiscal year 2006, the
obligations for which are in excess of $215,000,000:
Provided, That for payment of obligations incurred to pay
administrative expenses of and motor carrier research by the
Federal Motor Carrier Safety Administration, $215,000,000, to
be derived from the Highway Trust Fund (other than the Mass
Transit Account), together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration,
the sum of which shall remain available until expended.
[National Motor Carrier Safety Program
[liquidation of contract authorization
[(limitation on obligations)
[(highway trust fund)
[For payment of obligations incurred in carrying out motor
carrier safety grant programs in accordance with title 49,
United States Code, $286,000,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and
to remain available until expended: Provided, That none of
the funds provided for the implementation or execution of
motor carrier safety grant programs authorized by title 49,
United States Code, shall be available for fiscal year 2006,
the obligations for which are in excess of $286,000,000.
[Administrative Provision--Federal Motor Carrier Safety Administration
[Sec. 120. Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated in section
350 of Public Law 107-87, including that the Secretary submit
a report to the House and Senate Appropriations Committees
annually on the safety and security of transportation into
the United States by Mexico-domiciled motor carriers.
[National Highway Traffic Safety Administration
[Operations and Research
[For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety under
chapter 301 of title 49, United States Code, and part C of
subtitle VI of title 49, United States Code, $152,367,000, of
which $135,367,000 is to remain available until September 30,
2008, and $17,000,000 is to remain available until expended:
Provided, That none of the funds appropriated by this Act may
be obligated or expended to plan, finalize, or implement any
rulemaking to add to section 575.104 of title 49 of the Code
of Federal Regulations any requirement pertaining to a
grading standard that is different from the three grading
standards (treadwear, traction, and temperature resistance)
already in effect.
[Operations and Research
[(liquidation of contract authorization)
[(limitation on obligations)
[(highway trust fund)
[For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, to remain available until
expended, $75,000,000, to be derived from the Highway Trust
Fund: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2006, are in excess of
$75,000,000 for programs authorized under 23 U.S.C. 403.
[National Driver Register
[(liquidation of contract authorization)
[(limitation on obligations)
[(highway trust fund)
[For payment of obligations incurred in carrying out
chapter 303 of title 49, United States Code, $4,000,000, to
be derived from the Highway Trust Fund: Provided, That none
of the funds in this Act shall be available for the
implementation or execution of programs the obligations for
which are in excess of $4,000,000 for the National Driver
Register authorized under chapter 303 of title 49, United
States Code.
[Highway Traffic Safety Grants
[(liquidation of contract authorization)
[(limitation on obligations)
[(highway trust fund)
[For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 402, 405, and 410, to remain
available until expended, $551,000,000 to be derived from the
Highway Trust Fund and to remain available until expended:
Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2006, are in excess of
$551,000,000 for programs authorized under 23 U.S.C. 402,
405, and 410, and the State Traffic Safety Information
Systems Improvements, High Visibility Enforcement, Child
Safety and Booster Seat, and Motorcyclist Safety grants
programs, to be allocated as follows: $229,000,000 shall be
for ``Highway Safety Programs'' under 23 U.S.C. 402,
$136,000,000 shall be for ``Occupant Protection Incentive
Grants'' under 23 U.S.C. 405, $129,000,000 shall be for
``Alcohol-Impaired Driving Countermeasures Grants'' under 23
U.S.C. 410, $30,000,000 shall be for State Traffic Safety
Information Systems Improvement grants, $15,000,000 shall be
for High Visibility Enforcement grants, $6,000,000 shall be
for Child Safety and Booster Seat grants, and $6,000,000
shall be for Motorcyclist Safety grants: Provided further,
That none of these funds shall be used for construction,
rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local, or private
buildings or structures: Provided further, That not to exceed
$10,000,000 of the funds made available for section 402, not
to exceed $3,306,000 of the funds made available for section
405, and not to exceed $3,000,000 of the funds made available
for section 410 shall be available to NHTSA for administering
highway safety grants under chapter 4 of title 23, United
States Code: Provided further, That not to exceed $500,000 of
the funds made available for section 410 ``Alcohol-Impaired
Driving Countermeasures Grants'' shall be available for
technical assistance to the States.
[Federal Railroad Administration
[Safety and Operations
[For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $145,949,000, of
which $13,856,000 shall remain available until expended.
[Railroad Research and Development
[For necessary expenses for railroad research and
development, $26,325,000 (reduced by $26,325,000), to remain
available until expended.
[Railroad Rehabilitation and Improvement Program
[The Secretary of Transportation is authorized to issue to
the Secretary of the Treasury notes or other obligations
pursuant to section 512 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, in such amounts and at such times as may be
necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under
sections 511 through 513 of such Act, such authority to exist
as long as any such guaranteed obligation is outstanding:
Provided, That pursuant to section 502 of such Act, as
amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium
during fiscal year 2006.
[[Page S11353]]
[Next Generation High-Speed Rail
[For necessary expenses for the Next Generation High-Speed
Rail program as authorized under 49 U.S.C. 26101 and 26102,
$10,165,000, to remain available until expended.
[Grants to the National Railroad Passenger Corporation
[To enable the Secretary of Transportation to make
quarterly grants to the National Railroad Passenger
Corporation, $550,000,000 (increased by $626,248,000), to
remain available until September 30, 2006: Provided, That of
the funds provided, $50,000,000 shall be used by the
Secretary of Transportation to enter into contracts to make
improvements to the Northeast Corridor, as authorized under
chapters 241 and 249 of title 49, United States Code.
[Administrative Provision--Federal Railroad Administration
[Sec. 140. The Secretary may purchase promotional items of
nominal value for use in public outreach activities to
accomplish the purposes of 49 U.S.C. 20134: Provided, That
the Secretary shall prescribe guidelines for the
administration of such purchases and use.
[Federal Transit Administration
[Administrative Expenses
[For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $12,000,000: Provided, That no
more than $80,000,000 of budget authority shall be available
for these purposes: Provided further, That of the funds
available not to exceed $989,000 shall be available for the
Office of the Administrator; not to exceed $7,284,000 shall
be available for the Office of Administration; not to exceed
$4,140,000 shall be available for the Office of the Chief
Counsel; not to exceed $1,276,000 shall be available for the
Office of Communication and Congressional Affairs; not to
exceed $7,916,000 shall be available for the Office of
Program Management; not to exceed $7,123,000 shall be
available for the Office of Budget and Policy; not to exceed
$4,712,000 shall be available for the Office of Demonstration
and Innovation; not to exceed $3,113,000 shall be available
for the Office of Civil Rights; not to exceed $4,155,000
shall be available for the Office of Planning; not to exceed
$21,408,000 shall be available for regional offices; and not
to exceed $17,884,000 shall be available for the central
account: Provided further, That the Administrator is
authorized to transfer funds appropriated for an office of
the Federal Transit Administration: Provided further, That no
appropriation for an office shall be increased or decreased
by more than a total of 5 percent during the fiscal year by
all such transfers: Provided further, That any change in
funding greater than 5 percent shall be submitted for
approval to the House and Senate Committees on
Appropriations: Provided further, That any funding
transferred from the central account shall be submitted for
approval to the House and Senate Committees on
Appropriations: Provided further, That none of the funds
provided or limited in this Act may be used to create a
permanent office of transit security under this heading:
Provided further, That of the funds in this Act available for
the execution of contracts under section 5327(c) of title 49,
United States Code, $2,000,000 shall be reimbursed to the
Department of Transportation's Office of Inspector General
for costs associated with audits and investigations of
transit-related issues, including reviews of new fixed
guideway systems: Provided further, That upon submission to
the Congress of the fiscal year 2007 President's budget, the
Secretary of Transportation shall transmit to Congress the
annual report on new starts, proposed allocations of funds
for fiscal year 2007.
[Formula Grants
[(including transfer of funds)
[For necessary expenses to carry out 49 U.S.C. 5307, 5308,
5310, 5311, 5327, 5335 and section 3038 of Public Law 105-
178, $662,550,000, to remain available until expended:
Provided, That no more than $4,417,000,000 of budget
authority shall be available for these purposes: Provided
further, That of the amount available, $2,500,000 shall be
available for the National Transit database.
[University Transportation Research
[For necessary expenses to carry out 49 U.S.C. 5505,
$1,200,000, to remain available until expended: Provided,
That no more than $8,000,000 of budget authority shall be
available for these purposes.
[Transit Planning and Research
[For necessary expenses to carry out 49 U.S.C. 5303, 5304,
5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322,
$24,049,000, to remain available until expended: Provided,
That no more than $160,325,000 of budget authority shall be
available for these purposes.
[Trust Fund Share of Expenses
[(liquidation of contract authorization)
[(highway trust fund)
[For payment of obligations incurred in carrying out 49
U.S.C. 5303-5308, 5310-5315, 5317(b), 5322, 5327, 5334, 5505,
and sections 3037 and 3038 of Public Law 105-178,
$7,209,700,000, to remain available until expended, and to be
derived from the Mass Transit Account of the Highway Trust
Fund: Provided, That $3,754,450,000 shall be paid to the
Federal Transit Administration's formula grants account:
Provided further, That $136,276,000 shall be paid to the
Federal Transit Administration's transit planning and
research account: Provided further, That $68,000,000 shall be
paid to the Federal Transit Administration's administrative
expenses account: Provided further, That $6,800,000 shall be
paid to the Federal Transit Administration's university
transportation research account: Provided further, That
$148,750,000 shall be paid to the Federal Transit
Administration's job access and reverse commute grants
program: Provided further, That $3,095,424,000 shall be paid
to the Federal Transit Administration's Capital Investment
Grants account.
[Capital Investment Grants
[(including transfer of funds)
[For necessary expenses to carry out 49 U.S.C. 5308, 5309,
5318, and 5327, $546,251,000, to remain available until
expended: Provided, That no more than $3,641,675,000 of
budget authority shall be available for these purposes.
[Job Access and Reverse Commute Grants
[For necessary expenses to carry out section 3037 of the
Federal Transit Act of 1998, $26,250,000, to remain available
until expended: Provided, That no more than $175,000,000 of
budget authority shall be available for these purposes:
Provided further, That up to $300,000 of the funds provided
under this heading may be used by the Federal Transit
Administration for technical assistance and support and
performance reviews of the Job Access and Reverse Commute
Grants program.
[Administrative Provisions--Federal Transit Administration
[Sec. 150. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
[Sec. 151. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2005, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure may be transferred to and
administered under the most recent appropriation heading for
any such section.
[Saint Lawrence Seaway Development Corporation
[The Saint Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in
carrying out the programs set forth in the Corporation's
budget for the current fiscal year.
[Operations and Maintenance
[(harbor maintenance trust fund)
[For necessary expenses for operations and maintenance of
those portions of the Saint Lawrence Seaway operated and
maintained by the Saint Lawrence Seaway Development
Corporation, $16,284,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662.
[Maritime Administration
[Maritime Security Program
[For necessary expenses to maintain and preserve a U.S.-
flag merchant fleet to serve the national security needs of
the United States, $156,000,000, to remain available until
expended.
[Operations and Training
[For necessary expenses of operations and training
activities authorized by law, $112,336,000, of which
$23,750,000 shall remain available until September 30, 2006,
for salaries and benefits of employees of the United States
Merchant Marine Academy; of which $17,000,000 shall remain
available until expended for capital improvements at the
United States Merchant Marine Academy; and of which
$11,211,000 shall remain available until expended for the
State Maritime Schools Schoolship Maintenance and Repair.
[Ship Disposal
[For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $21,000,000, to remain available until
expended.
[Maritime Guaranteed Loan (Title XI) Program Account
[(including transfer of funds)
[For administrative expenses to carry out the guaranteed
loan program, not to exceed $3,526,000, which shall be
transferred to and merged with the appropriation for
Operations and Training.
[Ship Construction
[(rescission)
[Of the unobligated balances available under this heading,
$2,071,280 are rescinded.
[Administrative Provisions--Maritime Administration
[Sec. 160. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish
utilities and services and make necessary repairs in
connection with any lease, contract, or occupancy involving
Government property under control of the Maritime
Administration, and payments received therefore shall be
credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease,
contract, or occupancy for items other than such utilities,
services,
[[Page S11354]]
or repairs shall be covered into the Treasury as
miscellaneous receipts.
[Sec. 161. No obligations shall be incurred during the
current fiscal year from the construction fund established by
the Merchant Marine Act, 1936, or otherwise, in excess of the
appropriations and limitations contained in this Act or in
any prior appropriations Act.
[Pipeline and Hazardous Materials Safety Administration
[Administrative Expenses
[For necessary administrative expenses of the Pipeline and
Hazardous Materials Safety Administration, $17,027,000, of
which $645,000 shall be derived from the Pipeline Safety
Fund.
[hazardous materials safety
[For expenses necessary to discharge the hazardous
materials safety functions of the Pipeline and Hazardous
Materials Safety Administration, $26,183,000, of which
$1,847,000 shall remain available until September 30, 2008:
Provided, That up to $1,200,000 in fees collected under 49
U.S.C. 5108(g) shall be deposited in the general fund of the
Treasury as offsetting receipts: Provided further, That there
may be credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in
performance of hazardous materials exemptions and approvals
functions.
[Pipeline Safety
[(pipeline safety fund)
[(oil spill liability trust fund)
[For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the
Oil Pollution Act of 1990, $72,860,000, of which $15,000,000
shall be derived from the Oil Spill Liability Trust Fund and
shall remain available until September 30, 2008; of which
$57,860,000 shall be derived from the Pipeline Safety Fund,
of which $24,000,000 shall remain available until September
30, 2008: Provided, That not less than $1,000,000 of the
funds provided under this heading shall be for the one-call
State grant program.
[Emergency Preparedness Grants
[(emergency preparedness fund)
[For necessary expenses to carry out 49 U.S.C. 5127(c),
$200,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2007: Provided, That
not more than $14,300,000 shall be made available for
obligation in fiscal year 2006 from amounts made available by
49 U.S.C. 5116(i) and 5127(d): Provided further, That none of
the funds made available by 49 U.S.C. 5116(i), 5127(c), and
5127(d) shall be made available for obligation by individuals
other than the Secretary of Transportation, or his designee.
[Research and Innovative Technology Administration
[Research and Development
[For necessary expenses of the Research and Innovative
Technology Administration, $4,326,000: Provided, That there
may be credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training.
[Office of Inspector General
[Salaries and Expenses
[For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $62,499,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out
the duties specified in the Inspector General Act, as amended
(5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the Department: Provided further, That the funds made
available under this heading shall be used to investigate,
pursuant to section 41712 of title 49, United States Code:
(1) unfair or deceptive practices and unfair methods of
competition by domestic and foreign air carriers and ticket
agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.
[Surface Transportation Board
[Salaries and Expenses
[For necessary expenses of the Surface Transportation
Board, including services authorized by 5 U.S.C. 3109,
$26,622,000: Provided, That notwithstanding any other
provision of law, not to exceed $1,250,000 from fees
established by the Chairman of the Surface Transportation
Board shall be credited to this appropriation as offsetting
collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein
appropriated from the general fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2006, to result in a final
appropriation from the general fund estimated at no more than
$25,372,000.
[Administrative Provisions--Department of Transportation
[(including transfers of funds)
[Sec. 170. During the current fiscal year applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
[Sec. 171. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
[Sec. 172. None of the funds in this Act shall be available
for salaries and expenses of more than 100 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this
provision may be assigned on temporary detail outside the
Department of Transportation.
[Sec. 173. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
[Sec. 174. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
[(b) Notwithstanding subsection (a), the Secretary shall
not withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
[Sec. 175. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training may be credited
respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account, the Federal Transit
Administration's ``Transit Planning and Research'' account,
and to the Federal Railroad Administration's ``Safety and
Operations'' account, except for State rail safety inspectors
participating in training pursuant to 49 U.S.C. 20105.
[Sec. 176. Notwithstanding any other provisions of law,
rule or regulation, the Secretary of Transportation is
authorized to allow the issuer of any preferred stock
heretofore sold to the Department to redeem or repurchase
such stock upon the payment to the Department of an amount
determined by the Secretary.
[Sec. 177. None of the funds in this Act to the Department
of Transportation may be used to make a grant unless the
Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business
days before any discretionary grant award, letter of intent,
or full funding grant agreement totaling $1,000,000 or more
is announced by the department or its modal administrations
from: (1) any discretionary grant program of the Federal
Highway Administration other than the emergency relief
program; (2) the airport improvement program of the Federal
Aviation Administration; or (3) any program of the Federal
Transit Administration other than the formula grants and
fixed guideway modernization programs: Provided, That no
notification shall involve funds that are not available for
obligation.
[Sec. 178. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
[Sec. 179. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
[(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
[(2) to pay contractors for services provided in recovering
improper payments: Provided, That amounts in excess of that
required for paragraphs (1) and (2)--
[(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available; or
[(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts:
Provided, That prior to the transfer of any such recovery to
an appropriations account, the Secretary shall notify the
House and Senate Committees on Appropriations of the amount
and reasons for such transfer: Provided further, That for
purposes of this section, the term ``improper payments'', has
the same meaning as that provided in section 2(d)(2) of
Public Law 107-300.
[Sec. 180. The Secretary of Transportation is authorized to
transfer the unexpended balances available for the bonding
assistance program from ``Office of the Secretary, Salaries
and expenses'' to ``Minority Business Outreach''.
[Sec. 181. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal
[[Page S11355]]
administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments
or agreements have completed the normal reprogramming process
for Congressional notification.
[Sec. 182. None of the funds made available under this Act
may be obligated or expended to establish or implement a
pilot program under which not more than 10 designated
essential air service communities located in proximity to hub
airports are required to assume 10 percent of their essential
air subsidy costs for a 4-year period commonly referred to as
the EAS local participation program.
[TITLE II--DEPARTMENT OF THE TREASURY
[Departmental Offices
[Salaries and Expenses
[(including transfer of funds)
[For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business, not to exceed $3,000,000 for official travel
expenses; $187,452,000 (reduced by $30,000,000), of which not
to exceed $7,216,000 for executive direction program
activities; not to exceed $7,521,000 for general counsel
program activities; not to exceed $32,011,000 for economic
policies and programs activities; not to exceed $24,721,000
for financial policies and programs activities; not to exceed
$16,843,000 for Treasury-wide management policies and
programs activities; not to exceed $63,731,000 for
administration programs activities: Provided, That
$35,409,000 of the amount provided under this heading is for
the Office of Terrorism and Financial Intelligence as
authorized in Public law 108-447, of which $22,032,000 is for
the Office of Foreign Assets Control, $5,882,000 is for the
Office of Intelligence and Analysis, and $1,998,000 is for
the Office of the Undersecretary: Provided further, That the
Secretary of the Treasury is authorized to transfer funds
appropriated for any program activity of the Departmental
Offices to any other program activity of the Departmental
Offices upon notification to the House and Senate Committees
on Appropriations: Provided further, That no appropriation
for any program activity shall be increased or decreased by
more than 2 percent by all such transfers: Provided further,
That any change in funding greater than 2 percent shall be
submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That of the amount
appropriated under this heading, not to exceed $3,000,000, to
remain available until September 30, 2007, is for information
technology modernization requirements; not to exceed $100,000
is for official reception and representation expenses; and
not to exceed $258,000 is for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on his certificate: Provided further,
That of the amount appropriated under this heading,
$5,173,000, to remain available until September 30, 2007, is
for the Treasury-wide Financial Statement Audit Program and
internal control programs, of which such amounts as may be
necessary may be transferred to accounts of the Department's
offices and bureaus to conduct audits: Provided further, That
this transfer authority shall be in addition to any other
provided in this Act.
[Department-Wide Systems and Capital Investments Programs
[(including transfer of funds)
[For development and acquisition of automatic data
processing equipment, software, and services for the
Department of the Treasury, $21,412,000, to remain available
until September 30, 2008: Provided, That these funds shall be
transferred to accounts and in amounts as necessary to
satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this
transfer authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated shall be used to support or
supplement ``Internal Revenue Service, Information Systems''
or ``Internal Revenue Service, Business Systems
Modernization''.
[Office of Inspector General
[salaries and expenses
[For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, not to exceed $2,000,000 for official
travel expenses, including hire of passenger motor vehicles;
and not to exceed $100,000 for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Inspector General of the Treasury,
$17,000,000, of which not to exceed $2,500 shall be available
for official reception and representation expenses.
[Treasury Inspector General for Tax Administration
[salaries and expenses
[For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase (not to exceed
150 for replacement only for police-type use) and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); services
authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration;
not to exceed $6,000,000 for official travel expenses; and
not to exceed $500,000 for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Inspector General for Tax Administration,
$133,286,000; and of which not to exceed $1,500 shall be
available for official reception and representation expenses.
[Air Transportation Stabilization Program Account
[For necessary expenses to administer the Air
Transportation Stabilization Board established by section 102
of the Air Transportation Safety and System Stabilization Act
(Public Law 107-42), $2,500,000 (reduced by $2,500,000) to
remain available until expended.
[Treasury Building and Annex Repair and Restoration
[For the repair, alteration, and improvement of the
Treasury Building and Annex, $10,000,000, to remain available
until September 30, 2008.
[Financial Crimes Enforcement Network
[salaries and expenses
[For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
expenses of non-Federal law enforcement personnel to attend
meetings concerned with financial intelligence activities,
law enforcement, and financial regulation; not to exceed
$14,000 for official reception and representation expenses;
and for assistance to Federal law enforcement agencies, with
or without reimbursement, $73,630,000 of which not to exceed
$6,944,000 shall remain available until September 30, 2008;
and of which $8,521,000 shall remain available until
September 30, 2007: Provided, That funds appropriated in this
account may be used to procure personal services contracts.
[Financial Management Service
[Salaries and Expenses
[For necessary expenses of the Financial Management
Service, $236,243,000, of which not to exceed $9,220,000
shall remain available until September 30, 2008, for
information systems modernization initiatives; and of which
not to exceed $2,500 shall be available for official
reception and representation expenses.
[Alcohol and Tobacco Tax and Trade Bureau
[Salaries and Expenses
[For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $91,126,000; of which not to exceed $6,000
for official reception and representation expenses; not to
exceed $50,000 for cooperative research and development
programs for laboratory services; and provision of laboratory
assistance to State and local agencies with or without
reimbursement.
[United States Mint
[United States Mint Public Enterprise Fund
[Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments. The aggregate amount of new liabilities
and obligations incurred during fiscal year 2006 under such
section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not
exceed $36,900,000.
[Bureau of the Public Debt
[Administering the Public Debt
[For necessary expenses connected with any public-debt
issues of the United States, $179,923,000, of which not to
exceed $2,500 shall be available for official reception and
representation expenses, and of which not to exceed
$2,000,000 shall remain available until expended for systems
modernization: Provided, That the sum appropriated herein
from the General Fund for fiscal year 2006 shall be reduced
by not more than $3,000,000 as definitive security issue fees
and Treasury Direct Investor Account Maintenance fees are
collected, so as to result in a final fiscal year 2006
appropriation from the General Fund estimated at
$176,923,000. In addition, $70,000 to be derived from the Oil
Spill Liability Trust Fund to reimburse the Bureau for
administrative and personnel expenses for financial
management of the Fund, as authorized by section 1012 of
Public Law 101-380.
[Community Development Financial Institutions
[Fund Program Account
[To carry out the Community Development Banking and
Financial Institutions Act of 1994, including services
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for ES-3,
$55,000,000, to remain available until September 30, 2006, of
which up to $13,000,000 may be used for administrative
expenses, including administration of the New Markets Tax
Credit, up to $6,000,000 may be used for the cost of direct
loans, and up to $250,000 may be used for administrative
expenses to carry out the direct loan program:
[[Page S11356]]
Provided, That the cost of direct loans, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans not to
exceed $11,000,000.
[Internal Revenue Service
[Processing, Assistance, and Management
[For necessary expenses of the Internal Revenue Service for
pre-filing taxpayer assistance and education, filing and
account services, shared services support, general management
and administration; and services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commissioner,
$4,181,520,000, of which up to $4,100,000 shall be for the
Tax Counseling for the Elderly Program, of which $8,000,000
shall be available for low-income taxpayer clinic grants, of
which $1,500,000 shall be for the Internal Revenue Service
Oversight Board; and of which not to exceed $25,000 shall be
for official reception and representation expenses.
[Tax Law Enforcement
[(including transfer of funds)
[For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing
litigation support; conducting criminal investigation and
enforcement activities; securing unfiled tax returns;
collecting unpaid accounts; conducting a document matching
program; resolving taxpayer problems through prompt
identification, referral and settlement; expanded customer
service and public outreach programs, strengthened
enforcement activities, and enhanced research efforts to
reduce erroneous filings associated with the earned income
tax credit; compiling statistics of income and conducting
compliance research; purchase (for police-type use, not to
exceed 850) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$4,541,466,000 (increased by $38,750,000), of which
$55,584,000 shall be for the Interagency Crime and Drug
Enforcement program: Provided, That up to $10,000,000 may be
transferred as necessary from this account to the IRS
Processing, Assistance, and Management appropriation or the
IRS Information Systems appropriation solely for the purposes
of management of the Interagency Crime and Drug Enforcement
Program: Provided further, That up to $10,000,000 may be
transferred as necessary from this account to the IRS
Processing, Assistance, and Management appropriation or the
IRS Information Systems appropriation solely for the purposes
of management of the Earned Income Tax Credit compliance
program and to reimburse the Social Security Administration
for the cost of implementing section 1090 of the Taxpayer
Relief Act of 1997 (Public Law 105-33): Provided further,
That this transfer authority shall be in addition to any
other transfer authority provided in this Act.
[Information Systems
[For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information
systems; the hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$1,606,846,000 (reduced by $24,000,000) (reduced by
$7,700,000), of which $75,000,000 shall remain available
until September 30, 2007.
[Business Systems Modernization
[For necessary expenses of the Internal Revenue Service,
$199,000,000, to remain available until September 30, 2008,
for the capital asset acquisition of information technology
systems, including management and related contractual costs
of said acquisitions, including contractual costs associated
with operations authorized by 5 U.S.C. 3109: Provided, That
none of these funds may be obligated until the Internal
Revenue Service submits to the Committees on Appropriations,
and such Committees approve, a plan for expenditure that: (1)
meets the capital planning and investment control review
requirements established by the Office of Management and
Budget, including Circular A-11; (2) complies with the
Internal Revenue Service's enterprise architecture, including
the modernization blueprint; (3) conforms with the Internal
Revenue Service's enterprise life cycle methodology; (4) is
approved by the Internal Revenue Service, the Department of
the Treasury, and the Office of Management and Budget; (5)
has been reviewed by the Government Accountability Office;
and (6) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Federal Government.
[Health Insurance Tax Credit Administration
[For expenses necessary to implement the health insurance
tax credit included in the Trade Act of 2002 (Public Law 107-
210), $20,210,000.
[Administrative Provisions--Internal Revenue Service
[(including transfer of funds)
[Sec. 201. Not to exceed 5 percent of any appropriation
made available in this Act to the Internal Revenue Service or
not to exceed 3 percent of appropriations under the heading
``Tax Law Enforcement'' may be transferred to any other
Internal Revenue Service appropriation upon the advance
approval of the Committees on Appropriations.
[Sec. 202. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers' rights, in dealing
courteously with taxpayers, and in cross-cultural relations.
[Sec. 203. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information.
[Sec. 204. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased manpower to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make the improvement of the
Internal Revenue Service 1-800 help line service a priority
and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line
service.
[Sec. 205. None of the funds in this title may be used to
modify the number or location of Taxpayer Assistance Centers
until the Treasury Inspector General for Tax Administration
completes a study detailing the impact that such closures
would have on taxpayer compliance and submits such study to
the Committees on Appropriatons of the House of
Representatives and the Senate for review: Provided, That no
funds shall be obligated by the Internal Revenue Service for
such purposes for 60 days after receipt of such study:
Provided further, That the Internal Revenue Service shall
consult with stakeholder organizations, including but no
limited to, the National Taxpayer Advocate, the Internal
Revenue Service Oversight Board, the Treasury Inspector
General for Tax Administration, and Internal Revenue Service
employees with respect to the types of data to be included in
the model that will determine which Taxpayer Assistance
Centers should be closed and the relative weight of such data
as it relates to such model.
[Administrative Provisions--Department of the Treasury
[(including transfer of funds)
[Sec. 210. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
[Sec. 211. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
the Committees on Appropriations: Provided, That no transfer
may increase or decrease any such appropriation by more than
2 percent.
[Sec. 212. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the
Secretary of the Treasury certifies that the purchase by the
respective Treasury bureau is consistent with Departmental
vehicle management principles: Provided, That the Secretary
may delegate this authority to the Assistant Secretary for
Management.
[Sec. 213. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
[Sec. 214. The Secretary of the Treasury may transfer funds
from ``Financial Management Services, Salaries and Expenses''
to ``Debt Collection Fund'' as necessary to cover the costs
of debt collection: Provided, That such amounts shall be
reimbursed to such salaries and expenses account from debt
collections received in the Debt Collection Fund.
[Sec. 215. Section 122(g)(1) of Public Law 105-119 (5
U.S.C. 3104 note), is further amended by striking ``7 years''
and inserting `` 8 years''.
[Sec. 216. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the House Committee on Financial
Services and the Senate Committee on Banking, Housing, and
Urban Affairs.
[Sec. 217. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; the House Committee on Appropriations; and
the Senate Committee on Appropriations.
[[Page S11357]]
[TITLE III--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Public and Indian Housing
[Tenant-Based Rental Assistance
[(including transfer of funds)
[For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$15,531,400,000 (increased by $100,000,000), to remain
available until expended, of which $11,331,400,000 (increased
by $100,000,000) shall be available on October 1, 2005, and
$4,200,000,000 shall be available on October 1, 2006:
Provided, That the amounts made available under this heading
are provided as follows:
[(1) $14,089,755,725 (increased by $100,000,000) for
renewals of expiring section 8 tenant-based annual
contributions contracts (including renewals of enhanced
vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act: Provided, That
notwithstanding any other provision of law, from amounts
provided under this paragraph, the Secretary for the calendar
year 2006 funding cycle shall provide renewal funding for
each public housing agency based on each public housing
agency's 2005 annual budget for renewal funding as calculated
by HUD, prior to prorations, and by applying the 2006 Annual
Adjustment Factor as established by the Secretary, and by
making any necessary adjustments for the costs associated
with the first-time renewal of tenant protection or HOPE VI
vouchers: Provided further, That the Secretary shall, to the
extent necessary to stay within the amount provided under
this paragraph, pro rate each public housing agency's
allocation otherwise established pursuant to this paragraph:
Provided further, That except as provided in the following
proviso, the entire amount provided under this paragraph
shall be obligated to the public housing agencies based on
the allocation and pro rata method described above: Provided
further, That up to $45,000,000 shall be available only: (1)
to adjust the allocations for public housing agencies, after
application for an adjustment by a public housing agency and
verification by HUD, whose allocations under this heading for
contract renewals for the calendar year 2005 funding cycle
were based on verified VMS leasing and cost data averaged for
the months of May, June, and July of 2004 and solely because
of temporarily low leasing levels during such 3-month period
did not accurately reflect leasing levels and costs for the
2004 fiscal year of the agencies; and (2) for adjustments for
public housing agencies that experienced a significant
increase, as determined by the Secretary, in renewal costs
resulting from the portability under section 8(r) of the
United States Housing Act of 1937 of tenant-based rental
assistance: Provided further, That none of the funds provided
in this paragraph may be used to support a total number of
unit months under lease which exceeds a public housing
agency's authorized level of units under contract;
[(2) $165,700,000 for section 8 rental assistance for
relocation and replacement of housing units that are
demolished or disposed of pursuant to the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134), conversion of section 23 projects to
assistance under section 8, the family unification program
under section 8(x) of the Act, relocation of witnesses in
connection with efforts to combat crime in public and
assisted housing pursuant to a request from a law enforcement
or prosecution agency, enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act, HOPE VI vouchers, mandatory and voluntary conversions,
vouchers necessary to complete the consent decree
requirements in Walker vs. U.S. Department of Housing and
Urban Development, and tenant protection assistance including
replacement and relocation assistance;
[(3) $45,000,000 for family self-sufficiency coordinators
under section 23 of the Act;
[(4) $5,900,000 shall be transferred to the Working Capital
Fund; and
[(5) $1,225,000,000 for administrative and other expenses
of public housing agencies in administering the section 8
tenant-based rental assistance program, of which up to
$25,000,000 shall be available to the Secretary to allocate
to public housing agencies that need additional funds to
administer their section 8 programs: Provided, That
$1,200,000,000 of the amount provided in this paragraph shall
be allocated for the calendar year 2006 funding cycle on a
pro rata basis to public housing agencies based on the amount
public housing agencies were eligible to receive in calendar
year 2005: Provided further, That all amounts provided under
this paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized under
section 8, including related development activities, except
that up to $200,000,000 of funds made available on October 1,
2006, to this account may be transferred to the ``Project
Based Rental Assistance Account'' at the discretion of the
Secretary.
[Housing Certificate Fund
[(rescission)
[Of the unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading or the heading ``Annual contributions for assisted
housing'' or any other heading for fiscal year 2005 and prior
years, $2,493,600,000 is rescinded, to be effected by the
Secretary no later than September 30, 2006: Provided, That
any such balances governed by reallocation provisions under
the statute authorizing the program for which the funds were
originally appropriated shall be available for the
rescission: Provided further, That any obligated balances of
contract authority from fiscal year 1974 and prior that have
been terminated shall be cancelled: Provided further, That no
amounts recaptured from amounts appropriated in prior years
under this heading or the heading ``Annual contributions for
assisted housing'' and no carryover of such appropriated
amounts for project-based assistance shall be available for
the calendar year 2006 funding cycle for activities provided
for under the heading ``Tenant-based rental assistance''.
[Project-Based Rental Assistance
[(including transfer of funds)
[For activities and assistance for the provision of
project-based subsidy contracts under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$5,088,300,000, to remain available until expended: Provided,
That the amounts made available under this heading are
provided as follows:
[(1) $4,940,100,000 for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into
pursuant to section 441 of the McKinney-Vento Homeless
Assistance Act, for renewal of section 8 contracts for units
in projects that are subject to approved plans of action
under the Emergency Low Income Housing Preservation Act of
1987 or the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and
assistance funded under this paragraph.
[(2) $147,200,000 for performance-based contract
administrators for section 8 project-based assistance:
Provided, That the Secretary may also use such amounts for
performance-based contract administrators for: interest
reduction payments pursuant to section 236(a) of the National
Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments
pursuant to section 101 of the Housing and Urban Development
Act of 1965 (12 U.S.C. 1701s); Section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2)
of the Housing Act of 1959, as amended (12 U.S.C. 1701q,
1701q-1); project rental assistance contracts for supportive
housing for persons with disabilities under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act;
project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667);
and loans under section 202 of the Housing Act of 1959
(Public Law 86-372; 73 Stat. 667).
[(3) $1,000,000 shall be transferred to the Working Capital
Fund: Provided further, That amounts recaptured under this
heading, the heading, `Annual Contributions for Assisted
Housing,' or the heading, `Housing Certificate Fund,' for
project-based section 8 activities may be used for renewals
of or amendments to section 8 project-based subsidy contracts
or for performance-based contract administrators,
notwithstanding the purposes for which such amounts were
appropriated.
[Public Housing Capital Fund
[(including transfers of funds)
[For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937, as amended (42 U.S.C. 1437g) (the
``Act''), $2,600,000,000, to remain available until September
30, 2009: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2006, the Secretary
may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and
Indian Housing any authority under paragraph (2) of section
9(j) regarding the extension of the time periods under such
section: Provided further, That for purposes of such section
9(j), the term ``obligate'' means, with respect to amounts,
that the amounts are subject to a binding agreement that will
result in outlays, immediately or in the future: Provided
further, That of the total amount provided under this
heading, up to $11,000,000 shall be for carrying out
activities under section 9(h) of such Act: Provided further,
That $10,000,000 shall be transferred to the Working Capital
Fund: Provided further, That no funds may be used under this
heading for the purposes specified in section 9(k) of the
United States Housing Act of 1937, as amended: Provided
further, That of the total amount provided under this
heading, up to $17,000,000 shall be available for the
Secretary of Housing and Urban Development to make grants,
notwithstanding section 305 of this Act, to public housing
agencies for emergency capital needs resulting from
unforeseen emergencies and natural disasters occurring in
fiscal year 2006: Provided further, That of the total amount
provided under this heading, $24,000,000 shall be for
supportive services, service coordinators and congregate
services as authorized by section 34 of the Act and the
Native American Housing Assistance and Self-Determination Act
of 1996:
[[Page S11358]]
Provided further, That up to $8,820,000 is to support the
costs of administrative and judicial receiverships.
[Public Housing Operating Fund
[For 2006 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937, as
amended (42 U.S.C. 1437g(e)), $3,600,000,000: Provided, That
all funds made available under this heading shall be
allocated to public housing agencies in accordance with the
terms, conditions, criteria and methodology set forth in the
``Post 4th Session Rule'' issued on June 10, 2004 and shall
not be allocated using any other formula unless approved by
the Committee: Provided further, That of the total amount
provided under this heading, up to $50,000,000 shall be for
assistance for the conversion to asset management including
project-based accounting, budgeting and management for public
housing agencies operating three or more public housing
projects, which will under the ``Post 4th Session Rule''
formula experience a loss of subsidy greater than 5 percent
from the amount which would otherwise have been receivable
under the Performance Funding System regulations superceded
by such formula: Provided further, That, in fiscal year 2006
and all fiscal years hereafter, no amounts under this heading
in any appropriations Act may be used for payments to public
housing agencies for the costs of operation and management of
public housing for any year prior to the current year of such
Act: Provided further, That no funds may be used under this
heading for the purposes specified in section 9(k) of the
United States Housing Act of 1937, as amended.
[revitalization of severely distressed public housing (hope vi)
[ For grants to public housing agencies for demolition,
site revitalization, replacement housing, and tenant-based
assistance grants to projects, as authorized by section 24 of
the United States Housing Act of 1937, as amended, and the
amounts otherwise provided by this Act for ``INDEPENDENT
AGENCIES--General Services Administration--federal buildings
fund'' and for building operations under such item are hereby
reduced by, $60,000,000.
[Native American Housing Block Grants
[(including transfer of funds)
[For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $600,000,000, to remain available until
expended. Notwithstanding the Native American Housing
Assistance and Self-Determination Act of 1996, to determine
the amount of the allocation under title I of such Act for
each Indian tribe, the Secretary shall apply the formula
under section 302 of such Act with the need component based
on single-race Census data and with the need component based
on multi-race Census data, and the amount of the allocation
for each Indian tribe shall be the greater of the two
resulting allocation amounts. Of funds made available under
this heading, $1,200,000 shall be contracted through the
Secretary as technical assistance and capacity building to be
used by the National American Indian Housing Council in
support of the implementation of NAHASDA; of which $2,308,000
shall be to support the inspection of Indian housing units,
contract expertise, training, and technical assistance in the
training, oversight, and management of Indian housing and
tenant-based assistance, including up to $300,000 for related
travel; of which $45,000,000 shall be for the Indian
Community Development Block Grant program under title I of
the Housing and Community Development Act of 1974, as amended
(42 U.S.C. 5301 et seq.), for grants to Indian tribes
notwithstanding section 106(a)(1) of such Act, to be
allocated using the same methodology as fiscal year 2005
funds of which up to $4,000,000 may be used for emergencies
that constitute imminent threats to health and safety,
notwithstanding any other provision of law (including section
205 of the Act): Provided, That of the amount provided under
this heading, $2,000,000 shall be made available for the cost
of guaranteed notes and other obligations, as authorized by
title VI of NAHASDA: Provided further, That such costs,
including the costs of modifying such notes and other
obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the
total principal amount of any notes and other obligations,
any part of which is to be guaranteed, not to exceed
$17,926,000: Provided further, That for administrative
expenses to carry out the guaranteed loan program, up to
$150,000 from amounts in the first proviso, which shall be
transferred to and merged with the appropriation for
``Salaries and Expenses''.
[native hawaiian housing block grant
[For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $8,815,000, to remain available until expended, of
which $352,606 shall be for training and technical assistance
activities.
[Indian Housing Loan Guarantee Fund Program Account
[(including transfer of funds)
[For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $2,645,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $98,966,942.
[In addition, for administrative expenses to carry out the
guaranteed loan program, up to $250,000 from amounts in the
first paragraph, which shall be transferred to and merged
with the appropriation for ``Salaries and Expenses''.
[Native Hawaiian Housing Loan Guarantee Fund Program Account
[(including transfer of funds)
[For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13b), $882,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $35,000,000.
[In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the
first paragraph, which shall be transferred to and merged
with the appropriation for ``Salaries and Expenses''.
[Community Planning and Development
[Housing Opportunities for Persons With AIDS
[For carrying out the Housing Opportunities for Persons
with AIDS program, as authorized by the AIDS Housing
Opportunity Act (42 U.S.C. 12901 et seq.), $285,000,000
(increased by $5,000,000) to remain available until September
30, 2007, except that amounts allocated pursuant to section
854(c)(3) of such Act shall remain available until September
30, 2008: Provided, That the Secretary shall renew all
expiring contracts for permanent supportive housing that were
funded under section 854(c)(3) of such Act that meet all
program requirements before awarding funds for new contracts
and activities authorized under this section: Provided
further, That the Secretary may use up to $1,000,000 of the
funds under this heading for training, oversight, and
technical assistance activities.
[rural housing and economic development
[For the Office of Rural Housing and Economic Development
in the Department of Housing and Urban Development,
$10,000,000 to remain available until expended, which amount
shall be competitively awarded by September 1, 2006, to
Indian tribes, State housing finance agencies, State
community and/or economic development agencies, local rural
nonprofits and community development corporations to support
innovative housing and economic development activities in
rural areas.
[Community Development Fund
[(including transfers of funds)
[For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $4,151,500,000 (increased
by $67,500,000) (increased by $24,000,000), to remain
available until September 30, 2008, unless otherwise
specified: Provided, That of the amount provided,
$3,859,900,000 (increased by $17,500,000) is for carrying out
the community development block grant program under title I
of the Housing and Community Development Act of 1974, as
amended (the ``Act'' herein) (42 U.S.C. 5301 et seq.):
Provided further, That unless explicitly provided for under
this heading not to exceed 20 percent of any grant made with
funds appropriated under this heading shall be expended for
planning and management development and administration:
Provided further, That $1,600,000 shall be transferred to the
Working Capital Fund.
[Of the amount made available under this heading,
$290,000,000 shall be available for grants for the Economic
Development Initiative (EDI) to finance a variety of targeted
economic investments in accordance with the terms and
conditions specified in the statement of managers
accompanying this Act: Provided, That none of the funds
provided under this paragraph may be used for program
operations.
[HOME Investment Partnerships Program
[(including transfer of funds)
[For the HOME investment partnerships program, as
authorized under title II of the Cranston-Gonzalez National
Affordable Housing Act, as amended, $1,850,000,000 to remain
available until September 30, 2008: Provided, That of the
total amount provided in this paragraph, up to $41,700,000
shall be available for housing counseling under section 106
of the Housing and Urban Development Act of 1968, and
$1,000,000 shall be transferred to the Working Capital Fund.
[In addition to amounts otherwise made available under this
heading, $50,000,000, to remain available until September 30,
2008, for assistance to homebuyers as authorized under title
I of the American Dream Downpayment Act.
[self-help and assisted homeownership opportunity program
[For the Self-Help and Assisted Homeownership Opportunity
Program, $60,800,000,
[[Page S11359]]
to remain available until September 30, 2008: Provided, That
of the total amount provided in this heading $23,800,000
shall be made available to the Self Help Homeownership
Opportunity Program as authorized under section 11 of the
Housing Opportunity Program Extension Act of 1996 as amended:
Provided further, That $28,000,000 shall be made available
for capacity building, of which $27,000,000 shall be for
capacity building for Community Development and affordable
Housing for LISC and the Enterprise Foundation for activities
authorized by Section 4 of the HUD Demonstration Act of 1993
(42 USC 9816 note), as in effect immediately before June 12,
1997 and $1,000,000 shall be made available for capacity
building activities administered by Habitat for Humanity
International: Provided further, That $3,000,000 shall be
made available to the Housing Assistance Council, $1,000,000
shall be made available to the Native American Indian Housing
Council, $4,000,000 shall be made available to the Housing
Partnership Network, and $1,000,000 shall be made available
to the Special Olympics, to remain available until September
30, 2008.
[Homeless Assistance Grants
[(including transfer of funds)
[For the emergency shelter grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the supportive housing program as
authorized under subtitle C of title IV of such Act; the
section 8 moderate rehabilitation single room occupancy
program as authorized under the United States Housing Act of
1937, as amended, to assist homeless individuals pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act;
and the shelter plus care program as authorized under
subtitle F of title IV of such Act, $1,340,000,000, of which
$1,320,000,000 shall remain available until September 30,
2008, and of which $20,000,000 shall remain available until
expended: Provided, That not less than 30 percent of funds
made available, excluding amounts provided for renewals under
the shelter plus care program, shall be used for permanent
housing: Provided further, That all funds awarded for
services shall be matched by 25 percent in funding by each
grantee: Provided further, That the Secretary shall renew on
an annual basis expiring contracts or amendments to contracts
funded under the shelter plus care program if the program is
determined to be needed under the applicable continuum of
care and meets appropriate program requirements and financial
standards, as determined by the Secretary: Provided further,
That all awards of assistance under this heading shall be
required to coordinate and integrate homeless programs with
other mainstream health, social services, and employment
programs for which homeless populations may be eligible,
including Medicaid, State Children's Health Insurance
Program, Temporary Assistance for Needy Families, Food
Stamps, and services funding through the Mental Health and
Substance Abuse Block Grant, Workforce Investment Act, and
the Welfare-to-Work grant program: Provided further, That up
to $11,674,000 of the funds appropriated under this heading
shall be available for the national homeless data analysis
project and technical assistance: Provided further, That
$1,000,000 of the funds appropriated under this heading shall
be transferred to the Working Capital Fund: Provided further,
That all balances for Shelter Plus Care renewals previously
funded from the Shelter Plus Care Renewal account and
transferred to this account be available, if recaptured, for
Shelter Plus Care renewals in fiscal year 2006.
[Housing Programs
[Housing for the Elderly
[(including transfer of funds)
[For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959, as amended, and
for project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for supportive
services associated with the housing, $741,000,000, to remain
available until September 30, 2009, of which amount
$49,600,000 shall be for service coordinators and the
continuation of existing congregate service grants for
residents of assisted housing projects, and of which amount
up to $24,800,000 shall be for grants under section 202b of
the Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of
eligible projects under such section to assisted living or
related use and for emergency capital repairs as determined
by the Secretary: Provided, That amounts made available under
this heading shall be available for Real Estate Assessment
Center inspections and inspection-related activities
associated with section 202 capital advance projects:
Provided further, That $400,000 shall be transferred to the
Working Capital Fund: Provided further, That the Secretary
may waive the provisions of section 202 governing the terms
and conditions of project rental assistance, except that the
initial contract term for such assistance shall not exceed 5
years in duration.
[Housing for Persons With Disabilities
[(including transfer of funds)
[For capital advance contracts, including amendments to
capital advance contracts, for supportive housing for persons
with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act, for
project rental assistance for supportive housing for persons
with disabilities under section 811(d)(2) of such Act,
including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a
1-year term, and for supportive services associated with the
housing for persons with disabilities as authorized by
section 811(b)(1) of such Act, and for tenant-based rental
assistance contracts entered into pursuant to section 811 of
such Act, $238,100,000 to remain available until September
30, 2009: Provided, That $400,000 shall be transferred to the
Working Capital Fund: Provided further, That, of the amount
provided under this heading $78,300,000 shall be for
amendments or renewal of tenant-based assistance contracts
entered into prior to fiscal year 2005 (only one amendment
authorized for any such contract): Provided further, That of
the amount provided under this heading, the Secretary may
make available up to $5,000,000 for incremental tenant-based
rental assistance, as authorized by section 811 of such Act
(which assistance is 5 years in duration): Provided further,
That all tenant-based assistance made available under this
heading shall continue to remain available only to persons
with disabilities: Provided further, That the Secretary may
waive the provisions of section 811 governing the terms and
conditions of project rental assistance and tenant-based
assistance, except that the initial contract term for such
assistance shall not exceed 5 years in duration: Provided
further That amounts made available under this heading shall
be available for Real Estate Assessment Center Inspections
and inspection-related activities associated with Section 811
Capital Advance Projects.
[other assisted housing programs
[rental housing assistance
[For amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1) in State-aided, non-insured rental housing projects,
$26,400,000, to remain available until expended.
[Flexible Subsidy Fund
[(transfer of funds)
[From the Rental Housing Assistance Fund, all uncommitted
balances of excess rental charges as of September 30, 2005,
and any collections made during fiscal year 2006 and all
subsequent fiscal years, shall be transferred to the Flexible
Subsidy Fund, as authorized by section 236(g) of the National
Housing Act, as amended.
[Payment to Manufactured Housing Fees Trust Fund
[For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974, as amended (42 U.S.C. 5401 et seq.), up to $12,896,000
to remain available until expended, to be derived from the
Manufactured Housing Fees Trust Fund: Provided, That not to
exceed the total amount appropriated under this heading shall
be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures
pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount
made available under this heading from the general fund shall
be reduced as such collections are received during fiscal
year 2006 so as to result in a final fiscal year 2006
appropriation from the general fund estimated at not more
than $0 and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2006
appropriation.
[Federal Housing Administration
[mutual mortgage insurance program account
[(including transfers of funds)
[During fiscal year 2006, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National
Housing Act, as amended, shall not exceed a loan principal of
$185,000,000,000.
[During fiscal year 2006, obligations to make direct loans
to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $50,000,000:
Provided, That the foregoing amount shall be for loans to
nonprofit and governmental entities in connection with sales
of single family real properties owned by the Secretary and
formerly insured under the Mutual Mortgage Insurance Fund.
[For administrative expenses necessary to carry out the
guaranteed and direct loan program, $355,000,000, of which
not to exceed $351,000,000 shall be transferred to the
appropriation for ``Salaries and expenses''; and not to
exceed $4,000,000 shall be transferred to the appropriation
for ``Office of Inspector General''. In addition, for
administrative contract expenses, $62,600,000, of which
$18,281,000 shall be transferred to the Working Capital Fund:
Provided, That to the extent guaranteed loan commitments
exceed $65,500,000,000 on or before April 1, 2006, an
additional $1,400 for administrative contract expenses shall
be available for each $1,000,000 in additional guaranteed
loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available
by this proviso exceed $30,000,000.
[[Page S11360]]
[General and Special Risk Program Account
[(including transfers of funds)
[For the cost of guaranteed loans, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z-3 and 1735c), including the cost of loan guarantee
modifications, as that term is defined in section 502 of the
Congressional Budget Act of 1974, as amended, $8,800,000, to
remain available until expended: Provided, That commitments
to guarantee loans shall not exceed $35,000,000,000 in total
loan principal, any part of which is to be guaranteed.
[Gross obligations for the principal amount of direct
loans, as authorized by sections 204(g), 207(l), 238, and
519(a) of the National Housing Act, shall not exceed
$50,000,000, of which not to exceed $30,000,000 shall be for
bridge financing in connection with the sale of multifamily
real properties owned by the Secretary and formerly insured
under such Act; and of which not to exceed $20,000,000 shall
be for loans to nonprofit and governmental entities in
connection with the sale of single-family real properties
owned by the Secretary and formerly insured under such Act.
[In addition, for administrative expenses necessary to
carry out the guaranteed and direct loan programs,
$231,400,000, of which $211,400,000 shall be transferred to
the appropriation for ``Salaries and Expenses''; and of which
$20,000,000 shall be transferred to the appropriation for
``Office of Inspector General''.
[In addition, for administrative contract expenses
necessary to carry out the guaranteed and direct loan
programs, $71,900,000, of which $10,800,000 shall be
transferred to the Working Capital Fund: Provided, That to
the extent guaranteed loan commitments exceed $8,426,000,000
on or before April 1, 2006, an additional $1,980 for
administrative contract expenses shall be available for each
$1,000,000 in additional guaranteed loan commitments over
$8,426,000,000 (including a pro rata amount for any increment
below $1,000,000), but in no case shall funds made available
by this proviso exceed $14,400,000.
[Government National Mortgage Association
[Guarantees of Mortgage-Backed Securities Loan Guarantee Program
Account
[(including transfer of funds)
[New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$200,000,000,000, to remain available until September 30,
2007.
[For administrative expenses necessary to carry out the
guaranteed mortgage-backed securities program, $10,700,000,
to be derived from the GNMA guarantees of mortgage-backed
securities guaranteed loan receipt account, of which not to
exceed $10,700,000, shall be transferred to the appropriation
for ``Salaries and Expenses''.
[Policy Development and Research
[Research and Technology
[For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970, as
amended (12 U.S.C. 1701z-1 et seq.), including carrying out
the functions of the Secretary under section 1(a)(1)(i) of
Reorganization Plan No. 2 of 1968, $60,600,000, to remain
available until September 30, 2007: Provided, That of the
total amount provided under this heading, $5,000,000 shall be
for the Partnership for Advancing Technology in Housing
(PATH) Initiative: Provided further, That of the amounts made
available for PATH under this heading, $2,500,000 shall not
be subject to the requirements of section 305 of this title:
Provided further, That of funds made available under this
heading, $750,000 shall be transferred to the National
Research Council for a study in accordance with the
accompanying Report: Provided further, That $29,038,000 is
for grants pursuant to section 107 of the Housing and
Community Development Act of 1974, as amended, as follows:
$2,989,000 to support Alaska Native serving institutions and
Native Hawaiian serving institutions as defined under the
Higher Education Act, as amended; $2,562,000 for tribal
colleges and universities to build, expand, renovate, and
equip their facilities and to expand the role of the colleges
into the community through the provision of needed services
such as health programs, job training and economic
development activities; $8,967,000 for Historically Black
Colleges and Universities program, of which up to $2,000,000
may be used for technical assistance; $5,979,000 for the
Community Outreach Partnership Program; $5,979,000 for the
Hispanic Serving Institutions Program; and $2,562,000 for the
Community Development Work Study Program.
[Fair Housing and Equal Opportunity
[Fair Housing Activities
[For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $38,800,000 (increased
by $7,700,000), to remain available until September 30, 2007,
of which $16,100,000 (increased by $3,900,000) shall be to
carry out activities pursuant to such section 561: Provided,
That no funds made available under this heading shall be used
to lobby the executive or legislative branches of the Federal
Government in connection with a specific contract, grant or
loan.
[Office of Lead Hazard Control
[Lead Hazard Reduction
[For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $119,000,000 (increased by
$47,656,000), to remain available until September 30, 2007,
of which $8,800,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing
and Urban Development Act of 1970 that shall include
research, studies, testing, and demonstration efforts,
including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards:
Provided, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and other provisions of law that further the
purposes of such Act, a grant under the Healthy Homes
Initiative, Operation Lead Elimination Action Plan (LEAP), or
the Lead Technical Studies program under this heading or
under prior appropriations Acts for such purposes under this
heading, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994.
[Management and Administration
[Salaries and Expenses
[(including transfer of funds)
[For necessary administrative and non-administrative
expenses of the Department of Housing and Urban Development,
not otherwise provided for, including purchase of uniforms,
or allowances therefore, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; services as authorized by 5
U.S.C. 3109; and not to exceed $25,000 for official reception
and representation expenses, $1,152,535,000, of which
$562,400,000 shall be provided from the various funds of the
Federal Housing Administration, $10,700,000 shall be provided
from funds of the Government National Mortgage Association,
$150,000 shall be provided by transfer from the ``Native
American housing block grants'' account, $250,000 shall be
provided by transfer from the ``Indian housing loan guarantee
fund program'' account and $35,000 shall be transferred from
the ``Native Hawaiian housing loan guarantee fund'' account:
Provided, That funds made available under this heading shall
only be allocated in the manner specified in the Report
accompanying this Act unless the Committees on Appropriations
of both the House of Representatives and the Senate are
notified of any changes in an operating plan or
reprogramming: Provided further, That no official or employee
of the Department shall be designated as an allotment holder
unless the Office of the Chief Financial Officer (OCFO) has
determined that such allotment holder has implemented an
adequate system of funds control and has received training in
funds control procedures and directives: Provided further,
That the Chief Financial Officer shall establish positive
control of and maintain adequate systems of accounting for
appropriations and other available funds as required by 31
U.S.C. 1514: Provided further, That for purposes of funds
control and determining whether a violation exists under the
Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of
obligation shall be the executed agreement or contract,
except with respect to insurance and guarantee programs,
certain types of salaries and expenses funding, and
incremental funding that is authorized under an executed
agreement or contract, and shall be designated in the
approved funds control plan: Provided further, That the Chief
Financial Officer shall: (1) appoint qualified personnel to
conduct investigations of potential or actual violations; (2)
establish minimum training requirements and other
qualifications for personnel that may be appointed to conduct
investigations; (3) establish guidelines and timeframes for
the conduct and completion of investigations; (4) prescribe
the content, format and other requirements for the submission
of final reports on violations; and (5) prescribe such
additional policies and procedures as may be required for
conducting investigations of, and administering, processing,
and reporting on, potential and actual violations of the
Anti-Deficiency Act and all other statutes and regulations
governing the obligation and expenditure of funds made
available in this or any other Act: Provided further, That up
to $15,000,000 may be transferred to the Working Capital
Fund.
[Working Capital Fund
[For additional capital for the Working Capital Fund (42
U.S.C. 3535) for the development of, modifications to, and
infrastructure for Department-wide information technology
systems, for the continuing operation of both Department-wide
and program-specific information systems, and for program-
related development activities, $165,000,000 (reduced by
$120,000,000) (reduced by $5,000,000), to remain available
until September 30, 2007: Provided, That any amounts
transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts
transferred to this Fund from amounts appropriated by
previously enacted appropriations Acts or from within this
Act may be used for the purposes specified under this Fund,
in addition to the purposes for which such amounts were
appropriated.
[[Page S11361]]
[Office of Inspector General
[(including transfer of funds)
[For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as
amended, $103,000,000, of which $24,000,000 shall be provided
from the various funds of the Federal Housing Administration:
Provided, That the Inspector General shall have independent
authority over all personnel issues within this office.
[Office of Federal Housing Enterprise Oversight
[Salaries and Expenses
[(including transfer of funds)
[For carrying out the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, including not to exceed
$500 for official reception and representation expenses,
$60,000,000, to remain available until expended, to be
derived from the Federal Housing Enterprises Oversight Fund:
Provided, That of the amount made available under this
heading, $5,000,000 is for litigation and to continue ongoing
special investigations of the Federal housing enterprises:
Provided further, That the Director shall submit a spending
plan for the amounts provided under this heading no later
than January 15, 2005: Provided further, That not less than
80 percent of total amount made available under this heading
shall be used only for examination, supervision, and capital
oversight of the enterprises (as such term is defined in
section 1303 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure
that the enterprises are operating in a financially safe and
sound manner and complying with the capital requirements
under Subtitle B of such Act: Provided further, That not to
exceed the amount provided herein shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of
collections to the Fund: Provided further, That the general
fund amount shall be reduced as collections are received
during the fiscal year so as to result in a final
appropriation from the general fund estimated at not more
than $0.
[Administrative Provisions
[Sec. 301. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437 note) shall be rescinded, or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
[Sec. 302. None of the amounts made available under this
Act may be used during fiscal year 2006 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a non-frivolous legal action, that
is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a
court of competent jurisdiction.
[Sec. 303. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from
any amounts made available under this title for fiscal year
2006 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a
grant, in the amount determined under subsection (b), for any
State that--
[(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
[(2) is not otherwise eligible for an allocation for fiscal
year 2006 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that
qualify under clause (i) in fiscal year 2006 do not have the
number of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
[(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the
cumulative number of AIDS cases in the areas of that State
that are outside of metropolitan statistical areas that
qualify under clause (i) of such section 854(c)(1)(A) in
fiscal year 2006, in proportion to AIDS cases among cities
and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
[(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2006 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the
City of New York, New York, on behalf of the New York-Wayne-
White Plains, New York-New Jersey Metropolitan Division
(hereafter ``metropolitan division'') of the New York-Newark-
Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of Housing and Urban Development
by: (1) allocating to the City of Jersey City, New Jersey,
the proportion of the metropolitan area's or division's
amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is
located in Hudson County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to
the City of Paterson, New Jersey, the proportion of the
metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the
metropolitan area or division that is located in Bergen
County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The recipient cities
shall use amounts allocated under this subsection to carry
out eligible activities under section 855 of the AIDS Housing
Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New
Jersey.
[(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2006 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas
with a higher than average per capita incidence of AIDS,
shall be adjusted by the Secretary on the basis of area
incidence reported over a three year period.
[Sec. 304. (a) During fiscal year 2006, in the provision of
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a
program to demonstrate the economy and effectiveness of
providing such assistance for use in assisted living
facilities that is carried out in the counties of the State
of Michigan notwithstanding paragraphs (3) and (18)(B)(iii)
of such section 8(o), a family residing in an assisted living
facility in any such county, on behalf of which a public
housing agency provides assistance pursuant to section
8(o)(18) of such Act, may be required, at the time the family
initially receives such assistance, to pay rent in an amount
exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of
Housing and Urban Development determines to be appropriate.
[Sec. 305. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title III of this Act shall be made on a competitive basis
and in accordance with section 102 of the Department of
Housing and Urban Development Reform Act of 1989.
[Sec. 306. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1831).
[Sec. 307. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
[Sec. 308. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act, as amended, are hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of such Act as may be
necessary in carrying out the programs set forth in the
budget for 2006 for such corporation or agency except as
hereinafter provided: Provided, That collections of these
corporations and agencies may be used for new loan or
mortgage purchase commitments only to the extent expressly
provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior
appropriations Acts), except that this proviso shall not
apply to the mortgage insurance or guaranty operations of
these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
[Sec. 309. None of the funds provided in this title for
technical assistance, training, or management improvements
may be obligated or expended unless HUD provides to the
Committees on Appropriations a description of each proposed
activity and a detailed budget estimate of the costs
associated with each program, project or activity as part of
the Budget Justifications. For fiscal year 2006, HUD shall
transmit this information to the Committees by March 15, 2006
for 30 days of review.
[Sec. 310. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
[[Page S11362]]
[Sec. 311. Notwithstanding any other provision of law, in
fiscal year 2006, in managing and disposing of any
multifamily property that is owned or held by the Secretary
and is occupied primarily by elderly or disabled families,
the Secretary of Housing and Urban Development shall maintain
any rental assistance payments under section 8 of the United
States Housing Act of 1937 that are attached to any dwelling
units in the property. To the extent the Secretary determines
that such a multifamily property owned or held by the
Secretary is not feasible for continued rental assistance
payments under such section 8, the Secretary may, in
consultation with the tenants of that property, contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties or provide other
rental assistance.
[Sec. 312. (a) Notwithstanding any other provision of law,
the amount allocated for fiscal year 2006 under section
854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)), to the City of Wilmington, Delaware, on behalf of
the Wilmington, Delaware-Maryland-New Jersey Metropolitan
Division (hereafter ``metropolitan division''), shall be
adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the
metropolitan division's amount that is based on the number of
cases of AIDS reported in the portion of the metropolitan
division that is located in New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The State of New Jersey
shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855
of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the
portion of the metropolitan division that is located in New
Jersey.
[(b) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2006 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City
of Raleigh, North Carolina, on behalf of the Raleigh-Cary,
North Carolina Metropolitan Statistical Area. Any amounts
allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904)
within such metropolitan statistical area.
[(c) Notwithstanding section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), the Secretary of
Housing and Urban Development may adjust the allocation of
the amounts that otherwise would be allocated for fiscal year
2006 under section 854(c) of such Act, upon the written
request of an applicant, in conjunction with the State(s),
for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which
the metropolitan statistical area is located as the eligible
grantee(s) of the allocation. In the case that a metropolitan
statistical area involves more than one State, such amounts
allocated to each State shall be in proportion to the number
of cases of AIDS reported in the portion of the metropolitan
statistical area located in that State. Any amounts allocated
to a State under this section shall be used to carry out
eligible activities within the portion of the metropolitan
statistical area located in that State.
[Sec. 313. Notwithstanding any other provision of law, for
this fiscal year and every fiscal year thereafter, funds
appropriated for housing for the elderly, as authorized by
section 202 of the Housing Act of 1959, as amended, and for
supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National
Affordable Housing Act, shall be available for the cost of
maintaining and disposing of such properties that are
acquired or otherwise become the responsibility of the
Department.
[Sec. 314. The Secretary of Housing and Urban Development
shall submit an annual report no later than August 30, 2006
and annually thereafter to the House and Senate Committees on
Appropriations regarding the number of Federally assisted
units under lease and the per unit cost of these units to the
Department of Housing and Urban Development.
[Sec. 315. The Department of Housing and Urban Development
shall submit the Department's fiscal year 2006 congressional
budget justifications to the Committees on Appropriations of
the House of Representatives and the Senate using the
identical structure provided under this Act and only in
accordance with the direction specified in the report
accompanying this Act.
[Sec. 316. That incremental vouchers previously made
available under the heading ``Housing Certificate Fund'' or
renewed under the heading, ``Tenant-Based Rental
Assistance,'' for non-elderly disabled families shall, to the
extent practicable, continue to be provided to non-elderly
disabled families upon turnover.
[Sec. 317. A public housing agency or such other entity
that administers Federal housing assistance in the States of
Alaska, Iowa, and Mississippi shall not be required to
include a resident of public housing or a recipient of
assistance provided under section 8 of the United States
Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance
under section 8 in the States of Alaska, Iowa and Mississippi
shall establish an advisory board of not less than 6
residents of public housing or recipients of section 8
assistance to provide advice and comment to the public
housing agency or other administering entity on issues
related to public housing and section 8. Such advisory board
shall meet not less than quarterly.
[Sec. 318. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title II of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
[Sec. 319. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
[Sec. 320. Clarification Regarding Mortgage Insurance for
Purchase of Existing Health Care Facilities.--Section
223(f)(1) of the National Housing Act is amended by inserting
``purchase or'' immediately before ``refinancing of existing
debt''.
[Sec. 321. Notwithstanding any other provision of law, for
fiscal year 2006 and thereafter, all mortgagees receiving
interest reduction payments under section 236 of the National
Housing Act (12 U.S.C. 1715z-1) shall submit only electronic
invoices to the Department of Housing and Development in
order to receive such payments.The mortgagees shall comply
with this requirement no later than 90 days from the date of
enactment of this provision.
[Sec. 322. Notwithstanding any other provision of law, the
recipient of a grant under section 202b of the Housing Act of
1959 (12 U.S.C. 1701q-2) after December 26, 2000, in
accordance with the unnumbered paragraph at the end of
section 202b(b) of such Act, may, at its option, establish a
single-asset nonprofit entity to own the project and may lend
the grant funds to such entity, which may be a private
nonprofit organization described in section 831 of the
American Homeownership and Economic Opportunity Act of 2000.
[TITLE IV--THE JUDICIARY
[Supreme Court of the United States
[Salaries and Expenses
[For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance,
and operation of an automobile for the Chief Justice, not to
exceed $10,000 for the purpose of transporting Associate
Justices, and hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $60,730,000, of which $2,000,000 shall remain
available until expended.
[Care of the Building and Grounds
[For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-
13b), $5,624,000, which shall remain available until
expended.
[United States Court of Appeals for the Federal Circuit
[Salaries and Expenses
[For salaries of the chief judge, judges, and other
officers and employees, and for necessary expenses of the
court, as authorized by law, $24,613,000.
[United States Court of International Trade
[Salaries and Expenses
[For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services, and
necessary expenses of the court, as authorized by law,
$15,480,000.
[Courts of Appeals, District Courts, and Other Judicial Services
[Salaries and Expenses
[For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular
active service, judges of the United States Court of Federal
Claims, bankruptcy judges, magistrate judges, and all other
officers and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $4,348,780,000 (including the
purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects; of which
$1,300,000 of the funds provided for the Judiciary
Information Technology Fund will be for the Edwin L. Nelson
Local Initiatives Program, within which $1,000,000 will be
reserved for local court grants.
[In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$3,833,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
[Defender Services
[For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under the Criminal Justice Act
of 1964, as amended (18
[[Page S11363]]
U.S.C. 3006A); the compensation and reimbursement of expenses
of persons furnishing investigative, expert and other
services under the Criminal Justice Act of 1964 as amended
(18 U.S.C. 3006A(e)); the compensation (in accordance with
Criminal Justice Act maximums) and reimbursement of expenses
of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of
guardians ad litem acting on behalf of financially eligible
minor or incompetent offenders in connection with transfers
from the United States to foreign countries with which the
United States has a treaty for the execution of penal
sentences; the compensation of attorneys appointed to
represent jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d); and for
necessary training and general administrative expenses,
$721,919,000, to remain available until expended.
[Fees of Jurors and Commissioners
[For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $60,053,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under section 5332 of title 5,
United States Code.
[Court Security
[(including transfer of funds)
[For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $379,461,000, of
which not to exceed $15,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.
[Administrative Office of the United States Courts
[Salaries and Expenses
[For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $70,262,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.
[Federal Judicial Center
[Salaries and Expenses
[For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $22,249,000; of which
$1,800,000 shall remain available through September 30, 2007,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
[Judicial Retirement Funds
[Payment to Judiciary Trust Funds
[For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $36,800,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$600,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$3,200,000.
[United States Sentencing Commission
[Salaries and Expenses
[For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$14,046,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
[Administrative Provisions--The Judiciary
[Sec. 401. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
[Sec. 402. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
section 810 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
[Sec. 403. Notwithstanding any other provision of law, the
salaries and expenses appropriation for Courts of Appeals,
District Courts, and Other Judicial Services shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
[TITLE V--THE DISTRICT OF COLUMBIA
[Federal Funds
[Federal Payment for Resident Tuition Support
[For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $33,200,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided further,
That the account shall be under the control of the District
of Columbia Chief Financial Officer, who shall use those
funds solely for the purposes of carrying out the Resident
Tuition Support Program: Provided further, That the Office of
the Chief Financial Officer shall provide a quarterly
financial report to the Committees on Appropriations of the
House of Representatives and Senate for these funds showing,
by object class, the expenditures made and the purpose
therefor: Provided further, That not more than $1,200,000 of
the total amount appropriated for this program may be used
for administrative expenses.
[Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
[For necessary expenses, as determined by the Mayor of the
District of Columbia in written consultation with the elected
county or city officials of surrounding jurisdictions,
$15,000,000, to remain available until expended, to reimburse
the District of Columbia for the costs of providing public
safety at events related to the presence of the national
capital in the District of Columbia and for the costs of
providing support to respond to immediate and specific
terrorist threats or attacks in the District of Columbia or
surrounding jurisdictions: Provided, That any amount provided
under this heading shall be available only after notice of
its proposed use has been transmitted by the President to
Congress and such amount has been apportioned pursuant to
chapter 15 of title 31, United States Code.
[Federal Payment to the District of Columbia Courts
[For salaries and expenses for the District of Columbia
Courts, $221,693,000, to be allocated as follows: for the
District of Columbia Court of Appeals, $9,198,000, of which
not to exceed $1,500 is for official reception and
representation expenses; for the District of Columbia
Superior Court, $87,342,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the
District of Columbia Court System, $41,643,000, of which not
to exceed $1,500 is for official reception and representation
expenses; and $83,510,000, to remain available until
September 30, 2007, for capital improvements for District of
Columbia courthouse facilities: Provided, That
notwithstanding any other provision of law, a single contract
or related contracts for development and construction of
facilities may be employed which collectively include the
full scope of the project: Provided further, That the
solicitation and contract shall contain the clause
``availability of Funds'' found at 48 CFR 52.232-18: Provided
further, That funds made available for capital improvements
shall be expended consistent with the General Services
Administration master plan study and building evaluation
report: Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies, with payroll and financial services to be provided
on a contractual basis with the General Services
Administration (GSA), and such services shall include the
preparation of monthly financial reports, copies of which
shall be submitted directly by GSA to the President and to
the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government
Reform of the House of Representatives, and the Committee on
Governmental Affairs of the Senate: Provided further, That 30
days after providing written notice to the Committees on
Appropriations of the House of
[[Page S11364]]
Representatives and Senate, the District of Columbia Courts
may reallocate not more than $1,000,000 of the funds provided
under this heading among the items and entities funded under
this heading for operations, and not more than 4 percent of
the funds provided under this heading for facilities.
[Defender Services in District of Columbia Courts
[For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance and such
other services as are necessary to improve the quality of
guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Code, and payments for counsel authorized under
section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power of
Attorney Act of 1986), $45,000,000, to remain available until
expended: Provided, That the funds provided in this Act under
the heading ``Federal Payment to the District of Columbia
Courts'' (other than the $83,510,000 provided under such
heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under
this heading: Provided further, That in addition to the funds
provided under this heading, the Joint Committee on Judicial
Administration in the District of Columbia may use funds
provided in this Act under the heading ``Federal Payment to
the District of Columbia Courts'' (other than the $83,510,000
provided under such heading for capital improvements for
District of Columbia courthouse facilities), to make payments
described under this heading for obligations incurred during
any fiscal year: Provided further, That funds provided under
this heading shall be administered by the Joint Committee on
Judicial Administration in the District of Columbia: Provided
futher, That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies, with payroll and financial services to be provided
on a contractual basis with the General Services
Administration (GSA), and such services shall include the
preparation of monthly financial reports, copies of which
shall be submitted directly by GSA to the President and to
the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government
Reform of the House of Representatives, and the Committee on
Governmental Affairs of the Senate.
[Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
[(including transfer of funds)
[For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia and the
Public Defender Service for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $203,388,000, of which
not to exceed $2,000 is for official receptions and
representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which
$131,360,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to
protection orders or the provision of services for or related
to such persons; of which $42,195,000 shall be available to
the Pretrial Services Agency; and of which $29,833,000 shall
be transferred to the Public Defender Service for the
District of Columbia: Provided, That notwithstanding any
other provision of law, all amounts under this heading shall
be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That the Director is authorized
to accept and use gifts in the form of in-kind contributions
of space and hospitality to support offender and defendant
programs, and equipment and vocational training services to
educate and train offenders and defendants: Provided further,
That the Director shall keep accurate and detailed records of
the acceptance and use of any gift or donation under the
previous proviso, and shall make such records available for
audit and public inspection: Provided further, That the Court
Services and Offender Supervision Agency Director is
authorized to accept and use reimbursement from the D.C.
Government for space and services provided on a cost
reimbursable basis: Provided further, That the Public
Defender Service is authorized to charge fees to cover costs
of materials distributed and training provided to attendees
of educational events, including conferences, sponsored by
the Public Defender Service, and notwithstanding section 3302
of title 31, United States Code, said fees shall be credited
to the Public Defender Service account to be available for
use without further appropriation.
[Federal Payment to the District of Columbia
[Water and Sewer Authority
[For a Federal payment to the District of Columbia Water
and Sewer Authority, $10,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent
match for this payment.
[Federal Payment for the Anacostia Waterfront Initiative
[For a Federal payment to the District of Columbia
Department of Transportation, $5,000,000, to remain available
until September 30, 2007, for design and construction of a
continuous pedestrian and bicycle trail system from the
Potomac River to the District's border with Maryland.
[Federal Payment to the Criminal Justice Coordinating Council
[For a Federal payment to the Criminal Justice Coordinating
Council, $1,300,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.
[Federal Payment to the Office of the Chief Financial Officer of the
District of Columbia
[For a Federal payment to the Office of the Chief Financial
Officer of the District of Columbia, $20,000,000: Provided,
That each entity that receives funding under this heading
shall submit to the Office of the Chief Financial Officer of
the District of Columbia (CFO) a report on the activities to
be carried out with such funds no later than March 15, 2006,
and the CFO shall submit a comprehensive report to the
Committees on Appropriations of the House of Representatives
and the Senate no later June 1, 2006.
[Federal Payment for School Improvement
[For a Federal payment for a school improvement program in
the District of Columbia, $41,616,000, to be allocated as
follows: for the District of Columbia Public Schools,
$13,525,000 to improve public school education in the
District of Columbia; for the State Education Office,
$13,525,000 to expand quality public charter schools in the
District of Columbia, to remain available until September 30,
2007; for the Secretary of the Department of Education,
$14,566,000 to provide opportunity scholarships for students
in the District of Columbia in accordance with division C,
title III of the District of Columbia Appropriations Act,
2004 (Public Law 108-199; 118 Stat. 126), of which up to
$1,000,000 may be used to administer and fund assessments.
[Federal Payment for Bioterrorism and Forensics Laboratory
[For a Federal payment to the District of Columbia,
$7,200,000, to remain available until September 30, 2007, for
design, planning, and procurement costs associated with the
construction of a bioterrorism and forensics laboratory:
Provided, That the District of Columbia shall provide an
additional $1,500,000 with local funds as a condition of
receiving this payment.
[District of Columbia Funds
[The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund
of the District of Columbia, except as otherwise specifically
provided: Provided, That notwithstanding any other provision
of law, except as provided in section 450A of the District of
Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50a)
and provisions of this Act, the total amount appropriated in
this Act for operating expenses for the District of Columbia
for fiscal year 2006 under this heading shall not exceed the
lesser of the sum of the total revenues of the District of
Columbia for such fiscal year or $8,700,158,000 (of which
$5,007,344,000 shall be from local funds, $1,921,287,000
shall be from Federal grant funds, $1,754,399,000 shall be
from other funds, and $17,129,000 shall be from private
funds), in addition, $163,116,000 from funds previously
appropriated in this Act as Federal payments: Provided
further, That of the local funds, $466,830,000 shall be
derived from the District's general fund balance: Provided
further, That of these funds the District's intradistrict
authority shall be $468,486,000: Provided further, That the
amounts provided under this heading are to be allocated and
expended as proposed under ``Title II-District of Columbia
Funds'' of the Fiscal Year 2006 Proposed Budget and Financial
Plan submitted to the Congress of the United States by the
District of Columbia on June 6, 2005: Provided further, That
this amount may be increased by proceeds of one-time
transactions, which are expended for emergency or
unanticipated operating or capital needs: Provided further,
That such increases shall be approved by enactment of local
District law and shall comply with all reserve requirements
contained in the District of Columbia Home Rule Act as
amended by this Act: Provided further, That the Chief
Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of
Columbia meets these requirements, including the apportioning
by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2006,
except that the Chief Financial Officer may not reprogram
[[Page S11365]]
for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
[Governmental Direction and Support
[Administrative Provisions--District of Columbia
[Sec. 501. Whenever in this title, an amount is specified
within an appropriation for a particular purposes or objects
of expenditure, such amount, unless otherwise specified,
shall be considered as the maximum amount that may be
expended for said purpose or object rather than an amount set
apart exclusively therefor.
[Sec. 502. Appropriations in this title shall be available
for expenses of travel and for the payment of dues of
organizations concerned with the work of the District of
Columbia government, when authorized by the Mayor, or, in the
case of the Council of the District of Columbia, funds may be
expended with the authorization of the Chairman of the
Council.
[Sec. 503. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
[Sec. 504. (a) Except as provided in subsection (b), no
part of this appropriation shall be used for publicity or
propaganda purposes or implementation of any policy including
boycott designed to support or defeat legislation pending
before Congress or any State legislature.
[(b) The District of Columbia may use local funds provided
in this title to carry out lobbying activities on any matter
other than--
[(1) the promotion or support of any boycott; or
[(2) statehood for the District of Columbia or voting
representation in Congress for the District of Columbia.
[(c) Nothing in this section may be construed to prohibit
any elected official from advocating with respect to any of
the issues referred to in subsection (b).
[Sec. 505. (a) None of the funds provided under this title
to the agencies funded by this title, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2006, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this title, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
[(1) creates new programs;
[(2) eliminates a program, project, or responsibility
center;
[(3) establishes or changes allocations specifically
denied, limited or increased under this Act;
[(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
[(5) reestablishes any program or project previously
deferred through reprogramming;
[(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
[(7) increases by 20 percent or more personnel assigned to
a specific program, project or responsibility center,
[unless the Committees on Appropriations of the House of
Representatives and Senate are notified in writing 15 days in
advance of the reprogramming.
[(b) None the local funds contained in this title may be
available for obligation or expenditure for an agency through
a transfer of any local funds in excess of $3,000,000 from
one appropriation heading to another unless the Committees on
Appropriations of the House of Representatives and Senate are
notified in writing 15 days in advance of the transfer,
except that in no event may the amount of any funds
transferred exceed 4 percent of the local funds in the
appropriations.
[Sec. 506. Consistent with the provisions of section
1301(a) of title 31, United States Code, appropriations under
this title shall be applied only to the objects for which the
appropriations were made except as otherwise provided by law.
[Sec. 507. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139;
D.C. Official Code, sec. 1-601.01 et seq.), enacted pursuant
to section 422(3) of the District of Columbia Home Rule Act
(D.C. Official Code, sec. 1-204l.22(3)), shall apply with
respect to the compensation of District of Columbia
employees. For pay purposes, employees of the District of
Columbia government shall not be subject to the provisions of
title 5, United States Code.
[Sec. 508. No later than 30 days after the end of the first
quarter of fiscal year 2006, the Mayor of the District of
Columbia shall submit to the Council of the District of
Columbia and the Committees on Appropriations of the House of
Representatives and Senate the new fiscal year 2006 revenue
estimates as of the end of such quarter. These estimates
shall be used in the budget request for fiscal year 2007. The
officially revised estimates at midyear shall be used for the
midyear report.
[Sec. 509. No sole source contract with the District of
Columbia government or any agency thereof may be renewed or
extended without opening that contract to the competitive
bidding process as set forth in section 303 of the District
of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85;
D.C. Official Code, sec. 2-303.03), except that the District
of Columbia government or any agency thereof may renew or
extend sole source contracts for which competition is not
feasible or practical, but only if the determination as to
whether to invoke the competitive bidding process has been
made in accordance with duly promulgated rules and procedures
and has been reviewed and certified by the Chief Financial
Officer of the District of Columbia.
[Sec. 510. None of the Federal funds provided in this title
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
[Sec. 511. None of the Federal funds made available in this
title may be used to implement or enforce the Health Care
Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official
Code, sec. 32-701 et seq.) or to otherwise implement or
enforce any system of registration of unmarried, cohabiting
couples, including but not limited to registration for the
purpose of extending employment, health, or governmental
benefits to such couples on the same basis that such benefits
are extended to legally married couples.
[Sec. 512. (a) Notwithstanding any other provision of this
title, the Mayor, in consultation with the Chief Financial
Officer of the District of Columbia may accept, obligate, and
expend Federal, private, and other grants received by the
District government that are not reflected in the amounts
appropriated in this title.
[(b)(1) No such Federal, private, or other grant may be
obligated, or expended pursuant to subsection (a) until--
[(A) the Chief Financial Officer of the District of
Columbia submits to the Council a report setting forth
detailed information regarding such grant; and
[(B) the Council has reviewed and approved the obligation,
and expenditure of such grant.
[(2) For purposes of paragraph (1)(B), the Council shall be
deemed to have reviewed and approved the obligation, and
expenditure of a grant if--
[(A) no written notice of disapproval is filed with the
Secretary of the Council within 14 calendar days of the
receipt of the report from the Chief Financial Officer under
paragraph (1)(A); or
[(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
obligation, or expenditure of the grant within 30 calendar
days of the initial receipt of the report from the Chief
Financial Officer under paragraph (1)(A).
[(c) No amount may be obligated or expended from the
general fund or other funds of the District of Columbia
government in anticipation of the approval or receipt of a
grant under subsection (b)(2) or in anticipation of the
approval or receipt of a Federal, private, or other grant not
subject to such subsection.
[(d) The Chief Financial Officer of the District of
Columbia may adjust the budget for Federal, private, and
other grants received by the District government reflected in
the amounts appropriated in this title, or approved and
received under subsection (b)(2) to reflect a change in the
actual amount of the grant.
[(e) The Chief Financial Officer of the District of
Columbia shall prepare a quarterly report setting forth
detailed information regarding all Federal, private, and
other grants subject to this section. Each such report shall
be submitted to the Council of the District of Columbia and
to the Committees on Appropriations of the House of
Representatives and Senate not later than 15 days after the
end of the quarter covered by the report.
[Sec. 513. (a) Except as otherwise provided in this
section, none of the funds made available by this title or by
any other title may be used to provide any officer or
employee of the District of Columbia with an official vehicle
unless the officer or employee uses the vehicle only in the
performance of the officer's or employee's official duties.
For purposes of this paragraph, the term ``official duties''
does not include travel between the officer's or employee's
residence and workplace, except in the case of--
[(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
[(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day or is otherwise
designated by the Fire Chief;
[(3) the Mayor of the District of Columbia; and
[(4) the Chairman of the Council of the District of
Columbia.
[(b) The Chief Financial Officer of the District of
Columbia shall submit by March 1, 2006, an inventory, as of
September 30, 2005, of all vehicles owned, leased or operated
by the District of Columbia government. The inventory shall
include, but not be limited to, the department to which the
vehicle is assigned; the year and make of the vehicle; the
acquisition date and cost; the general condition of the
vehicle; annual operating and maintenance costs; current
mileage; and whether the vehicle is allowed to be taken
[[Page S11366]]
home by a District officer or employee and if so, the officer
or employee's title and resident location.
[Sec. 514. None of the funds contained in this title may be
used for purposes of the annual independent audit of the
District of Columbia government for fiscal year 2006 unless--
[(1) the audit is conducted by the Inspector General of the
District of Columbia, in coordination with the Chief
Financial Officer of the District of Columbia, pursuant to
section 208(a)(4) of the District of Columbia Procurement
Practices Act of 1985 (D.C. Official Code, sec. 2-302.8); and
[(2) the audit includes as a basic financial statement a
comparison of audited actual year-end results with the
revenues submitted in the budget document for such year and
the appropriations enacted into law for such year using the
format, terminology, and classifications contained in the law
making the appropriations for the year and its legislative
history.
[Sec. 515. (a) None of the funds contained in this title
may be used by the District of Columbia Corporation Counsel
or any other officer or entity of the District government to
provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
[(b) Nothing in this section bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
[Sec. 516. (a) None of the funds contained in this title
may be used for any program of distributing sterile needles
or syringes for the hypodermic injection of any illegal drug.
[(b) Any individual or entity who receives any funds
contained in this title and who carries out any program
described in subsection (a) shall account for all funds used
for such program separately from any funds contained in this
title.
[Sec. 517. None of the funds contained in this title may be
used after the expiration of the 60-day period that begins on
the date of the enactment of this title to pay the salary of
any chief financial officer of any office of the District of
Columbia government (including any independent agency of the
District of Columbia) who has not filed a certification with
the Mayor and the Chief Financial Officer of the District of
Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's
agency as a result of this title (and the amendments made by
this title), including any duty to prepare a report requested
either in the title or in any of the reports accompanying the
title and the deadline by which each report must be
submitted: Provided, That the Chief Financial Officer of the
District of Columbia shall provide to the Committees on
Appropriations of the House of Representatives and Senate by
the 10th day after the end of each quarter a summary list
showing each report, the due date, and the date submitted to
the Committees.
[Sec. 518. Nothing in this title may be construed to
prevent the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
[Sec. 519. The Mayor of the District of Columbia shall
submit to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government
Reform of the House of Representatives, and the Committee on
Governmental Affairs of the Senate quarterly reports
addressing--
[(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local
beats, and the closing down of open-air drug markets;
[(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the
effectiveness of treatment programs;
[(3) management of parolees and pre-trial violent
offenders, including the number of halfway houses escapes and
steps taken to improve monitoring and supervision of halfway
house residents to reduce the number of escapes to be
provided in consultation with the Court Services and Offender
Supervision Agency for the District of Columbia;
[(4) education, including access to special education
services and student achievement to be provided in
consultation with the District of Columbia Public Schools and
the District of Columbia public charter schools;
[(5) improvement in basic District services, including rat
control and abatement;
[(6) application for and management of Federal grants,
including the number and type of grants for which the
District was eligible but failed to apply and the number and
type of grants awarded to the District but for which the
District failed to spend the amounts received; and
[(7) indicators of child well-being.
[Sec. 520. (a) No later than 30 calendar days after the
date of the enactment of this Act, the Chief Financial
Officer of the District of Columbia shall submit to the
appropriate committees of Congress, the Mayor, and the
Council of the District of Columbia a revised appropriated
funds operating budget in the format of the budget that the
District of Columbia government submitted pursuant to section
442 of the District of Columbia Home Rule Act (D.C. Official
Code, sec. 1-204.42), for all agencies of the District of
Columbia government for fiscal year 2006 that is in the total
amount of the approved appropriation and that realigns all
budgeted data for personal services and other-than-personal-
services, respectively, with anticipated actual expenditures.
[(b) This section shall apply only to an agency where the
Chief Financial Officer of the District of Columbia certifies
that a reallocation is required to address unanticipated
changes in program requirements.
[Sec. 521. None of the Federal funds made available in this
title may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriation Act.
[Sec. 522. Notwithstanding any other law, in fiscal year
2006 and in each subsequent fiscal year, the District of
Columbia Courts shall transfer to the general treasury of the
District of Columbia all fines levied and collected by the
Courts under section 10(b)(1) and (2) of the District of
Columbia Traffic Act (D.C. Official Code, sec. 50-
2201.05(b)(1) and (2)): Provided, that the transferred funds
are hereby made available and shall remain available until
expended and shall be used by the Office of the Attorney
General of the District of Columbia for enforcement and
prosecution of District traffic alcohol laws in accordance
with section 10(b)(3) of the District of Columbia Traffic Act
(D.C. Official Code, sec. 50-2201.05(b)(3)).
[Sec. 523. (a) None of the funds contained in this Act may
be made available to pay--
[(1) the fees of an attorney who represents a party in an
action or an attorney who defends an action brought against
the District of Columbia Public Schools under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.) in
excess of $4,000 for that action; or
[(2) the fees of an attorney or firm whom the Chief
Financial Officer of the District of Columbia determines to
have a pecuniary interest, either through an attorney,
officer, or employee of the firm, in any special education
diagnostic services, schools, or other special education
service providers.
[(b) In this section, the term ``action'' includes an
administrative proceeding and any ensuing or related
proceedings before a court of competent jurisdiction.
[Sec. 524. The Chief Financial Officer of the District of
Columbia shall require attorneys in special education cases
brought under the Individuals with Disabilities Education Act
(IDEA) in the District of Columbia to certify in writing that
the attorney or representative rendered any and all services
for which they receive awards, including those received under
a settlement agreement or as part of an administrative
proceeding, under the IDEA from the District of Columbia. As
part of the certification, the Chief Financial Officer of the
District of Columbia shall require all attorneys in IDEA
cases to disclose any financial, corporate, legal,
memberships on boards of directors, or other relationships
with any special education diagnostic services, schools, or
other special education service providers to which the
attorneys have referred any clients as part of this
certification. The Chief Financial Officer shall prepare and
submit quarterly reports to the Committees on Appropriations
of the House of Representatives and Senate on the
certification of and the amount paid by the government of the
District of Columbia, including the District of Columbia
Public Schools, to attorneys in cases brought under IDEA. The
Inspector General of the District of Columbia may conduct
investigations to determine the accuracy of the
certifications.
[Sec. 525. The amount appropriated by this title may be
increased by no more than $42,000,000 from funds identified
in the comprehensive annual financial report as the
District's fiscal year 2005 unexpended general fund surplus.
The District may obligate and expend these amounts only in
accordance with the following conditions:
[(1) The Chief Financial Officer of the District of
Columbia shall certify that the use of any such amounts is
not anticipated to have a negative impact on the District's
long-term financial, fiscal, and economic vitality.
[(2) The District of Columbia may only use these funds for
the following expenditures:
[(A) One-time expenditures.
[(B) Expenditures to avoid deficit spending.
[(C) Debt Reduction.
[(D) Program needs.
[(E) Expenditures to avoid revenue shortfalls.
[(3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support of
each such obligation or expenditure.
[(4) The amounts may not be used to fund the agencies of
the District of Columbia government under court ordered
receivership.
[(5) The amounts may not be obligated or expended unless
the Mayor notifies the Committees on Appropriations of the
House of Representatives and Senate not fewer than 30 days in
advance of the obligation or expenditure.
[Sec. 526. (a) The fourth proviso in the item relating to
``Federal Payment for School Improvement'' in the District of
Columbia Appropriations Act, 2005 (Public Law 108-335; 118
Stat. 1327) is amended--
[(1) by striking ``$4,000,000'' and inserting ``$4,000,000,
to remain available until expended,''; and
[[Page S11367]]
[(2) by striking ``$2,000,000 shall be for a new incentive
fund'' and inserting ``$2,000,000, to remain available until
expended, shall be for a new incentive fund''.
[(b) The amendments made by subsection (a) shall take
effect as if included in the enactment of the District of
Columbia Appropriations Act, 2005.
[Sec. 527. (a) To account for an unanticipated growth of
revenue collections, the amount appropriated as District of
Columbia Funds pursuant to this Act may be increased--
[(1) by an aggregate amount of not more than 25 percent, in
the case of amounts proposed to be allocated as ``Other-Type
Funds'' in the Fiscal Year 2006 Proposed Budget and Financial
Plan submitted to Congress by the District of Columbia on
June 6, 2005; and
[(2) by an aggregate amount of not more than 6 percent, in
the case of any other amounts proposed to be allocated in
such Proposed Budget and Financial Plan.
[(b) The District of Columbia may obligate and expend any
increase in the amount of funds authorized under this section
only in accordance with the following conditions:
[(1) The Chief Financial Officer of the District of
Columbia shall certify--
[(A) the increase in revenue; and
[(B) that the use of the amounts is not anticipated to have
a negative impact on the long-term financial, fiscal, or
economic health of the District.
[(2) The amounts shall be obligated and expended in
accordance with laws enacted by the Council of the District
of Columbia in support of each such obligation and
expenditure, consistent with the requirements of this Act.
[(3) The amounts may not be used to fund any agencies of
the District government operating under court-ordered
receivership.
[(4) The amounts may not be obligated or expended unless
the Mayor has notified the Committees on Appropriations of
the House of Representatives and Senate not fewer than 30
days in advance of the obligation or expenditure.
[Sec. 528. (a) Notwithstanding section 450A of the District
of Columbia Home Rule Act, during fiscal year 2006 the
District of Columbia may allocate amounts from the emergency
reserve fund established under section 450A(a) of such Act
and the contingency reserve fund established under section
450A(b) of such Act and use such amounts to fund the
operations of the District government during such fiscal year
(consistent with the requirements of this Act and other
applicable law).
[(b) The aggregate amount allocated from the emergency
reserve fund or the contingency reserve fund under this
section may not exceed 50 percent of the balance of the fund
involved as of October 1, 2005.
[(c) If the District of Columbia allocates any amounts from
a reserve fund under this section, the District shall fully
replenish the fund for the amounts allocated not later than
February 15, 2007.
[Sec. 529. Notwithstanding any other provision of this Act,
there is hereby appropriated for the Office of the Inspector
General such amounts in local funds, as are consistent with
the annual estimates for the expenditures and appropriations
necessary for the operation of the Office of the Inspector
General as prepared by the Inspector General and submitted to
the Mayor and forwarded to the Council pursuant to D.C.
Official Code 2-302.08(a)(2)(A) for fiscal year 2005:
Provided, That the Office of the Chief Financial Officer
shall take such steps as are necessary to implement the
provisions of this subsection.
[Sec. 530. (a) None of the funds contained in this title
may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21
U.S.C. 802) or any tetrahydrocannabinols derivative.
[(b) The Legalization of Marijuana for Medical Treatment
Initiative of 1998, also known as Initiative 59, approved by
the electors of the District of Columbia on November 3, 1998,
shall not take effect.
[Sec. 531. None of the funds appropriated under this title
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
[TITLE VI--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
[Compensation of the President
[For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102, $450,000: Provided, That none of the funds made
available for official expenses shall be expended for any
other purpose and any unused amount shall revert to the
Treasury pursuant to section 1552 of title 31, United States
Code.
[White House Office
[salaries and expenses
[For necessary expenses for the White House as authorized
by law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to
be expended and accounted for as provided by 3 U.S.C. 103);
and not to exceed $19,000 for official entertainment
expenses, to be available for allocation within the Executive
Office of the President, $53,830,000: Provided, That of the
funds appropriated under this heading, $1,500,000 shall be
for the Privacy and Civil Liberties Oversight Board.
[Executive Residence at the White House
[operating expenses
[For the care, maintenance, repair and alteration,
refurnishing, improvement, heating, and lighting, including
electric power and fixtures, of the Executive Residence at
the White House and official entertainment expenses of the
President, $12,436,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
[reimbursable expenses
[For the reimbursable expenses of the Executive Residence
at the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under section 3717
of title 31, United States Code: Provided further, That each
such amount that is reimbursed, and any accompanying interest
and charges, shall be deposited in the Treasury as
miscellaneous receipts: Provided further, That the Executive
Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of
the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive
Residence during the preceding fiscal year, including the
total amount of such expenses, the amount of such total that
consists of reimbursable official and ceremonial events, the
amount of such total that consists of reimbursable political
events, and the portion of each such amount that has been
reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the
tracking of expenses related to reimbursable events within
the Executive Residence that includes a standard for the
classification of any such expense as political or
nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
[White House Repair and Restoration
[For the repair, alteration, and improvement of the
Executive Residence at the White House, $1,700,000, to remain
available until expended, for required maintenance, safety
and health issues, and continued preventative maintenance.
[Council of Economic Advisers
[salaries and expenses
[For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021), $4,040,000.
[Office of Policy Development
[salaries and expenses
[For necessary expenses of the Office of Policy
Development, including services as authorized by 5 U.S.C.
3109 and 3 U.S.C. 107, $3,500,000.
[National Security Council
[salaries and expenses
[For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109,
$8,705,000.
[Office of Administration
[salaries and expenses
[For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$89,322,000, of which $11,768,000 shall remain available
until expended for the Capital Investment Plan for continued
modernization of the information technology infrastructure
within the Executive Office of the President.
[Office of Management and Budget
[Salaries and Expenses
[For necessary expenses of the Office of Management and
Budget, including hire of
[[Page S11368]]
passenger motor vehicles and services as authorized by 5
U.S.C. 3109 and to carry out the provisions of chapter 35 of
title 44, United States Code, $76,930,000 (reduced by
$9,000,000), of which not to exceed $3,000 shall be available
for official representation expenses: Provided, That, as
provided in 31 U.S.C. 1301(a), appropriations shall be
applied only to the objects for which appropriations were
made and shall be allocated in accordance with the terms and
conditions set forth in the accompanying Report except as
otherwise provided by law: Provided further, That none of the
funds appropriated in this Act for the Office of Management
and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or
regulations under the provisions of the Agricultural
Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):
Provided further, That none of the funds made available for
the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further, That
the preceding shall not apply to printed hearings released by
the Committees on Appropriations.
[Office of National Drug Control Policy
[Salaries and Expenses
[For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1701 et seq.); not to exceed $10,000 for
official reception and representation expenses; and for
participation in joint projects or in the provision of
services on matters of mutual interest with nonprofit,
research, or public organizations or agencies, with or
without reimbursement, $26,908,000; of which $1,316,000 shall
remain available until expended for policy research and
evaluation: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office.
[Counterdrug Technology Assessment Center
[(including transfer of funds)
[For necessary expenses for the Counterdrug Technology
Assessment Center for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1701 et seq.), $30,000,000, which shall
remain available until expended, consisting of $18,000,000
for counternarcotics research and development projects, and
$12,000,000 for the continued operation of the technology
transfer program: Provided, That the $18,000,000 for
counternarcotics research and development projects shall be
available for transfer to other Federal departments or
agencies.
[Federal Drug Control Programs
[High Intensity Drug Trafficking Areas Program
[(including transfer of funds)
[For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $227,000,000 (increased by $9,000,000), for drug
control activities consistent with the approved strategy for
each of the designated High Intensity Drug Trafficking Areas,
of which no less than 51 percent shall be transferred to
State and local entities for drug control activities, which
shall be obligated within 120 days of the date of the
enactment of this Act: Provided, That up to 49 percent, to
remain available until September 30, 2007, may be transferred
to Federal agencies and departments at a rate to be
determined by the Director, of which not less than $2,000,000
shall be used for auditing services and associated
activities, and at least $500,000 of the $2,000,000 shall be
used to develop and implement a data collection system to
measure the performance of the High Intensity Drug
Trafficking Areas Program: Provided further, That High
Intensity Drug Trafficking Areas Programs designated as of
September 30, 2005, shall be funded at no less than the
fiscal year 2005 initial allocation levels unless the
Director submits to the Committees on Appropriations, and the
Committees approve, justification for changes in those levels
based on clearly articulated priorities for the High
Intensity Drug Trafficking Areas Programs, as well as
published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That a request
shall be submitted in compliance with the reprogramming
guidelines to the Committees on Appropriations for approval
prior to the obligation of funds of an amount in excess of
the fiscal year 2005 budget request: Provided further, That
not to exceed $2,000,000 of the funds made available under
this heading in excess of the fiscal year 2005 budget request
shall be available for the Consolidated Priority Organization
Target program.
[Other Federal Drug Control Programs
[(including transfer of funds)
[For activities to support a national anti-drug campaign
for youth, and for other purposes, authorized by the Office
of National Drug Control Policy Reauthorization Act of 1998
(21 U.S.C. 1701 et seq.), $213,292,000 (increased by
$25,000,000), to remain available until expended, of which
the following amounts are available as follows: $120,000,000
(increased by $25,000,000) to support a national media
campaign, as authorized by the Drug-Free Media Campaign Act
of 1998: Provided, That ONDCP shall maintain funding for non-
advertising services for the Media Campaign at no less than
the Fiscal Year 2003 ratio of service funding to total funds
and shall continue the corporate outreach program as it
operated prior to its cancellation: $80,000,000 to continue a
program of matching grants to drug-free communities, of which
$750,000 shall be a directed grant to the Community Anti-Drug
Coalitions of America for the National Community Anti-Drug
Coalition Institute, as authorized in chapter 2 of the
National Narcotics Leadership Act of 1988, as amended;
$1,000,000 for the National Drug Court Institute; $992,000
for the National Alliance for Model State Drug Laws;
$7,400,000 for the United States Anti-Doping Agency for anti-
doping activities; $2,900,000 for the United States
membership dues to the World Anti-Doping Agency; and
$1,000,000 for evaluations and research related to National
Drug Control Program performance measures: Provided further,
That such funds may be transferred to other Federal
departments and agencies to carry out such activities:
Provided further, That of the amounts appropriated for a
national media campaign, not to exceed 12 percent shall be
for administration, advertising production, research and
testing, labor and related costs of the national media
campaign.
[Unanticipated Needs
[Unanticipated Needs
[For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000.
[Special Assistance to the President
[Salaries and Expenses
[For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,455,000.
[Official Residence of the Vice President
[Operating Expenses
[(including transfer of funds)
[For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 for official
entertainment expenses of the Vice President, to be accounted
for solely on his certificate, $325,000: Provided, That
advances or repayments or transfers from this appropriation
may be made to any department or agency for expenses of
carrying out such activities.
[TITLE VII--INDEPENDENT AGENCIES
[Architectural and Transportation Barriers Compliance Board
[Salaries and Expenses
[For expenses necessary for the Architectural and
Transportation Barriers Compliance Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended,
$5,941,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
[Consumer Product Safety Commission
[Salaries and Expenses
[For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $500 for official
reception and representation expenses, $62,449,000.
[Election Assistance Commission
[Salaries and Expenses
[(including transfer of funds)
[For necessary expenses to carry out the Help America Vote
Act of 2002, $15,877,000, of which $2,800,000 shall be
transferred to the National Institute of Standards and
Technology for election reform activities authorized under
the Help America Vote Act of 2002.
[Federal Deposit Insurance Corporation
[Office of Inspector General
[For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended $29,965,000, to be derived from the Bank
Insurance Fund, the Savings Association Insurance Fund, and
the FSLIC Resolution Fund.
[Federal Election Commission
[Salaries and Expenses
[For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, as amended,
$54,700,000, of which no less than $4,700,000 shall be
available for internal automated data processing systems, and
of which not to exceed $5,000 shall be available for
reception and representation expenses.
[[Page S11369]]
[Federal Labor Relations Authority
[Salaries and Expenses
[For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and rental of conference rooms in the
District of Columbia and elsewhere, $25,468,000: Provided,
That public members of the Federal Service Impasses Panel may
be paid travel expenses and per diem in lieu of subsistence
as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with
this account, to be available without further appropriation
for the costs of carrying out these conferences.
[Federal Maritime Commission
[Salaries and Expenses
[For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. App. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902,
$20,499,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
[General Services Administration
[Real Property Activities
[Federal Buildings Fund
[limitations on availability of revenue
[(including transfer of funds)
[To carry out the purposes of the Fund established pursuant
to section 210(f) of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 592), the
revenues and collections deposited into the Fund shall be
available for necessary expenses of real property management
and related activities not otherwise provided for, including
operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of
Columbia; restoration of leased premises; moving governmental
agencies (including space adjustments and telecommunications
relocation expenses) in connection with the assignment,
allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving;
repair and alteration of federally owned buildings including
grounds, approaches and appurtenances; care and safeguarding
of sites; maintenance, preservation, demolition, and
equipment; acquisition of buildings and sites by purchase,
condemnation, or as otherwise authorized by law; acquisition
of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning
and design of projects by contract or otherwise; construction
of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations
for public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $7,768,795,000
(reduced by $88,789,000) (reduced by $727,909,000) (reduced
by $25,000,000), of which: (1) $708,106,000 (reduced by
$67,789,000) (reduced by $9,500,000) shall remain available
until expended for construction (including funds for sites
and expenses and associated design and construction services)
of additional projects at the following locations:
[New Construction:
[California:
[San Diego, United States Courthouse, $230,803,000.
[Colorado:
[Lakewood, Denver Federal Center Infrastructure,
$4,658,000.
[District of Columbia:
[Coast Guard Consolidation, $24,900,000.
[Saint Elizabeths West Campus Infrastructure, $13,095,000.
[Southeast Federal Center Site Remediation, $15,000,000.
[Maine:
[Calais, Border Station, $50,146,000.
[Jackman, Border Station, $12,788,000.
[Maryland:
[Montgomery County, Food and Drug Administration
Consolidation, $127,600,000.
[New York:
[Champlain, Border Station, $52,510,000.
[Massena, Border Station, $49,783,000.
[Texas:
[Austin, United States Courthouse, $3,000,000.
[Washington:
[Blaine, Peace Arch Border Station, $46,534,000.
[Material Price increases, various projects, $67,789,000
(reduced by $67,789,000).
[Nonprospectus Construction, $9,500,000 (reduced by
$9,500,000):
[Provided, That each of the foregoing limits of costs on new
construction projects may be exceeded to the extent that
savings are effected in other such projects, but not to
exceed 10 percent of the amounts included in an approved
prospectus, if required, unless advance approval is obtained
from the Committees on Appropriations of a greater amount:
Provided further, That all funds for direct construction
projects shall expire on September 30, 2007, and remain in
the Federal Buildings Fund except for funds for projects as
to which funds for design or other funds have been obligated
in whole or in part prior to such date; (2) $961,376,000
(reduced by $568,409,000) shall remain available until
expended for repairs and alterations, which includes
associated design and construction services:
[Repairs and Alterations:
[Arizona:
[Tucson, James A. Walsh Courthouse, $16,136,000.
[District of Columbia:
[Eisenhower Executive Office Building, $133,417,000
(reduced by $133,417,000).
[Federal Office Building 8, $47,769,000.
[Heating, Operation, and Transmission District Repair,
$18,783,000.
[Herbert C. Hoover Building, $54,491,000.
[Main Interior Building, $41,399,000.
[Georgia:
[Atlanta, Martin Luther King, Jr. Federal Building,
$30,129,000.
[New York:
[Brooklyn, Emanuel Celler Courthouse, $96,924,000.
[New York City, James Watson Federal Building and
Courthouse, $9,721,000.
[Special Emphasis Programs:
[Chlorofluorocarbons Program, $10,000,000.
[Energy Program, $30,000,000.
[Glass Fragment Retention, $15,700,000.
[Design Program, $21,915,000.
[Basic Repairs and Alterations, $434,992,000 (reduced by
$434,992,000):
[Provided further, That funds made available in this or any
previous Act in the Federal Buildings Fund for Repairs and
Alterations shall, for prospectus projects, be limited to the
amount identified for each project, except each project in
this or any previous Act may be increased by an amount not to
exceed 10 percent unless advance approval is obtained from
the Committees on Appropriations of a greater amount:
Provided further, That additional projects for which
prospectuses have been fully approved may be funded under
this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the
amounts provided in this or any prior Act for ``Repairs and
Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to
meet the minimum standards for security in accordance with
current law and in compliance with the reprogramming
guidelines of the appropriate Committees of the House and
Senate: Provided further, That the difference between the
funds appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used
to fund authorized increases in prospectus projects: Provided
further, That all funds for repairs and alterations
prospectus projects shall expire on September 30, 2007, and
remain in the Federal Buildings Fund except funds for
projects as to which funds for design or other funds have
been obligated in whole or in part prior to such date:
Provided further, That the amount provided in this or any
prior Act for Basic Repairs and Alterations may be used to
pay claims against the Government arising from any projects
under the heading ``Repairs and Alterations'' or used to fund
authorized increases in prospectus projects; (3) $168,180,000
for installment acquisition payments including payments on
purchase contracts which shall remain available until
expended; (4) $4,046,031,000 (reduced by $12,500,000) for
rental of space which shall remain available until expended;
and (5) $1,885,102,000 (reduced by $21,000,000) (reduced by
$150,000,000) (reduced by $12,500,000) for building
operations which shall remain available until expended:
Provided further, That funds available to the General
Services Administration shall not be available for expenses
of any construction, repair, alteration and acquisition
project for which a prospectus, if required by the Public
Buildings Act of 1959, as amended, has not been approved,
except that necessary funds may be expended for each project
for required expenses for the development of a proposed
prospectus: Provided further, That funds available in the
Federal Buildings Fund may be expended for emergency repairs
when advance approval is obtained from the Committees on
Appropriations: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under
section 210(f)(6) of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 592(b)(2)) and
amounts to provide such reimbursable fencing, lighting, guard
booths, and other facilities on private or other property not
in Government ownership or control as may be appropriate to
enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be
available from such revenues and collections: Provided
further, That revenues and collections and any other sums
accruing to this Fund during fiscal year 2006, excluding
reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
592(b)(2)) in excess of the aggregate new obligational
authority authorized for Real Property Activities of the
Federal Buildings Fund in this Act shall remain in the Fund
and shall not be available for expenditure except as
authorized in appropriations Acts.
[General Activities
[Government-wide Policy
[For expenses authorized by law, not otherwise provided
for, for Government-wide policy and evaluation activities
associated
[[Page S11370]]
with the management of real and personal property assets and
certain administrative services; Government-wide policy
support responsibilities relating to acquisition,
telecommunications, information technology management, and
related technology activities; and services as authorized by
5 U.S.C. 3109, $52,796,000.
[Operating Expenses
[For expenses authorized by law, not otherwise provided
for, for Government-wide activities associated with
utilization and donation of surplus personal property;
disposal of real property; providing Internet access to
Federal information and services; agency-wide policy
direction and management, and Board of Contract Appeals;
accounting, records management, and other support services
incident to adjudication of Indian Tribal Claims by the
United States Court of Federal Claims; services as authorized
by 5 U.S.C. 3109; and not to exceed $7,500 for official
reception and representation expenses, $99,890,000 (reduced
by $17,711,000).
[Office of Inspector General
[For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $43,410,000:
Provided, That not to exceed $15,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.
[Electronic Government Fund
[(including transfer of funds)
[For necessary expenses in support of interagency projects
that enable the Federal Government to expand its ability to
conduct activities electronically, through the development
and implementation of innovative uses of the Internet and
other electronic methods, $3,000,000, to remain available
until expended: Provided, That these funds may be transferred
to Federal agencies to carry out the purposes of the Fund:
Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this
Act: Provided further, That such transfers may not be made
until 10 days after a proposed spending plan and
justification for each project to be undertaken has been
submitted to the Committees on Appropriations.
[Allowances and Office Staff for Former Presidents
[(including transfer of funds)
[For carrying out the provisions of the Act of August 25,
1958, as amended (3 U.S.C. 102 note), and Public Law 95-138,
$2,952,000: Provided, That the Administrator of General
Services shall transfer to the Secretary of the Treasury such
sums as may be necessary to carry out the provisions of such
Acts.
[Federal Citizen Information Center Fund
[For necessary expenses of the Federal Citizen Information
Center, including services authorized by 5 U.S.C. 3109,
$15,030,000, to be deposited into the Federal Citizen
Information Center Fund: Provided, That the appropriations,
revenues, and collections deposited into the Fund shall be
available for necessary expenses of Federal Citizen
Information Center activities in the aggregate amount not to
exceed $32,000,000. Appropriations, revenues, and collections
accruing to this Fund during fiscal year 2006 in excess of
such amount shall remain in the Fund and shall not be
available for expenditure except as authorized in
appropriations Acts.
[Administrative Provisions--General Services Administration
[Sec. 701. The appropriate appropriation or fund available
to the General Services Administration shall be credited with
the cost of operation, protection, maintenance, upkeep,
repair, and improvement, included as part of rentals received
from Government corporations pursuant to law (40 U.S.C. 129).
[Sec. 702. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
[Sec. 703. Funds in the Federal Buildings Fund made
available for fiscal year 2006 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations.
[Sec. 704. No funds made available by this Act shall be
used to transmit a fiscal year 2007 request for United States
Courthouse construction that: (1) does not meet the design
guide standards for construction as established and approved
by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management
and Budget; and (2) does not reflect the priorities of the
Judicial Conference of the United States as set out in its
approved 5-year construction plan: Provided, That the fiscal
year 2007 request must be accompanied by a standardized
courtroom utilization study of each facility to be
constructed, replaced, or expanded.
[Sec. 705. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
[Sec. 706. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations.
[Sec. 707. No funds in this Act shall be used to dispose of
the GSA property located at 522 North Central Avenue, on the
southwest corner of Central Avenue and Fillmore Street in
Phoenix, Arizona.
[Merit Systems Protection Board
[Salaries and Expenses
[(including transfer of funds)
[For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), as amended, including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of
Columbia and elsewhere, hire of passenger motor vehicles,
direct procurement of survey printing, and not to exceed
$2,000 for official reception and representation expenses,
$35,600,000 together with not to exceed $2,605,000 for
administrative expenses to adjudicate retirement appeals to
be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Systems
Protection Board.
[Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
[Morris K. Udall Scholarship and Excellence in National Environmental
Policy Trust Fund
[(including transfer of funds)
[For payment to the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Trust Fund,
pursuant to the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act
of 1992 (20 U.S.C. 5601 et seq.), $2,000,000, to remain
available until expended, of which up to $50,000 shall be
used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-
289) notwithstanding sections 8 and 9 of Public Law 102-259:
Provided, That up to 60 percent of such funds may be
transferred by the Morris K. Udall Scholarship and Excellence
in National Environmental Policy Foundation for the necessary
expenses of the Native Nations Institute.
[Environmental Dispute Resolution Fund
[For payment to the Environmental Dispute Resolution Fund
to carry out activities authorized in the Environmental
Policy and Conflict Resolution Act of 1998, $1,900,000, to
remain available until expended.
[National Archives and Records Administration
[Operating Expenses
[For necessary expenses in connection with the
administration of the National Archives and Records
Administration (including the Information Security Oversight
Office) and archived Federal records and related activities,
as provided by law, and for expenses necessary for the review
and declassification of documents, and for the hire of
passenger motor vehicles, $283,975,000: Provided, That the
Archivist of the United States is authorized to use any
excess funds available from the amount borrowed for
construction of the National Archives facility, for expenses
necessary to provide adequate storage for holdings: Provided
further, That of the funds provided in this paragraph,
$2,930,000 shall be for initial move of records, staffing,
and operations of the Nixon Library.
[Electronic Records Archives
[For necessary expenses in connection with the development
of the electronic records archives, to include all direct
project costs associated with research, analysis, design,
development, and program management, $35,914,000.
[Repairs and Restoration
[For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$6,182,000, to remain available until expended.
[National Historical Publications and Records Commission
[grants program
[(including transfer of funds)
[For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, as amended, $7,500,000, to remain available
until expended: Provided, That of the funds provided in this
paragraph, $2,000,000 shall be transferred to the operating
expenses account for operating expenses of the National
Historical Publications and Records Administration.
[National Credit Union Administration
[central liquidity facility
[(including transfer of funds)
[During fiscal year 2006, gross obligations of the Central
Liquidity Facility for the
[[Page S11371]]
principal amount of new direct loans to member credit unions,
as authorized by 12 U.S.C. 1795 et seq., shall not exceed
$1,500,000,000: Provided, That administrative expenses of the
Central Liquidity Facility in fiscal year 2006 shall not
exceed $323,000.
[community development revolving loan fund
[For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822, and 9910, $950,000
shall be available until September 30, 2007, for technical
assistance to low-income designated credit unions, and
amounts of principal and interest on loans repaid shall be
available until expended for low-income designated credit
unions.
[National Transportation Safety Board
[Salaries and Expenses
[For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902)
$76,700,000, of which not to exceed $2,000 may be used for
official reception and representation expenses.
[(Rescission)
[Of the available unobligated balances made available under
Public Law 106-246, $1,000,000 are rescinded.
[Neighborhood Reinvestment Corporation
[Payment to the Neighborhood Reinvestment Corporation
[For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $118,000,000.
[Office of Government Ethics
[Salaries and Expenses
[For necessary expenses to carry out functions of the
Office of Government Ethics pursuant to the Ethics in
Government Act of 1978, as amended and the Ethics Reform Act
of 1989, including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to
exceed $1,500 for official reception and representation
expenses, $11,148,000.
[Office of Personnel Management
[Salaries and Expenses
[(including transfer of trust funds)
[For necessary expenses to carry out functions of the
Office of Personnel Management pursuant to Reorganization
Plan Numbered 2 of 1978 and the Civil Service Reform Act of
1978, including services as authorized by 5 U.S.C. 3109;
medical examinations performed for veterans by private
physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor
vehicles; not to exceed $2,500 for official reception and
representation expenses; advances for reimbursements to
applicable funds of the Office of Personnel Management and
the Federal Bureau of Investigation for expenses incurred
under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post of
duty, $119,952,000, of which $6,983,000 shall remain
available until expended for the Enterprise Human Resources
Integration project; $1,450,000 shall remain available until
expended for the Human Resources Line of Business project;
$500,000 shall remain available until expended for the E-
Training project; and $1,412,000 shall remain available until
expended until September 30, 2007 for the E-Payroll project;
and in addition $102,679,000 for administrative expenses, to
be transferred from the appropriate trust funds of the Office
of Personnel Management without regard to other statutes,
including direct procurement of printed materials, for the
retirement and insurance programs: Provided, That the
provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by
sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United
States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of
the Legal Examining Unit of the Office of Personnel
Management established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose:
Provided further, That the President's Commission on White
House Fellows, established by Executive Order No. 11183 of
October 3, 1964, may, during fiscal year 2006, accept
donations of money, property, and personal services: Provided
further, That such donations, including those from prior
years, may be used for the development of publicity materials
to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or
reimbursement of travel expenses, or for the salaries of
employees of such Commission.
[Office of Inspector General
[salaries and expenses
[(including transfer of trust funds)
[For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act,
as amended, including services as authorized by 5 U.S.C.
3109, hire of passenger motor vehicles, $1,614,000, and in
addition, not to exceed $16,786,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.
[Government Payment for Annuitants, Employees Health Benefits
[For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849), as amended, such sums as may be
necessary.
[Government Payment for Annuitants, Employee Life Insurance
[For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by
chapter 87 of title 5, United States Code, such sums as may
be necessary.
[Payment to Civil Service Retirement and Disability Fund
[For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20,
1969, as authorized by 5 U.S.C. 8348, and annuities under
special Acts to be credited to the Civil Service Retirement
and Disability Fund, such sums as may be necessary: Provided,
That annuities authorized by the Act of May 29, 1944, as
amended, and the Act of August 19, 1950, as amended (33
U.S.C. 771-775), may hereafter be paid out of the Civil
Service Retirement and Disability Fund.
[Office of Special Counsel
[Salaries and Expenses
[For necessary expenses to carry out functions of the
Office of Special Counsel pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978
(Public Law 95-454), as amended, the Whistleblower Protection
Act of 1989 (Public Law 101-12), as amended, Public Law 107-
304, and the Uniformed Services Employment and Reemployment
Act of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of
Columbia and elsewhere, and hire of passenger motor vehicles;
$15,325,000.
[Selective Service System
[Salaries and Expenses
[For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to
exceed $750 for official reception and representation
expenses; $24,000,000: Provided, That during the current
fiscal year, the President may exempt this appropriation from
the provisions of 31 U.S.C. 1341, whenever the President
deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds
appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the
United States.
[United States Interagency Council on Homelessness
[Operating Expenses
[For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$1,499,000.
[United States Postal Service
[Payment to the Postal Service Fund
[For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$116,350,000, of which $73,000,000 shall not be available for
obligation until October 1, 2006: Provided, That mail for
overseas voting and mail for the blind shall continue to be
free: Provided further, That 6-day delivery and rural
delivery of mail shall continue at not less than the 1983
level: Provided further, That none of the funds made
available to the Postal Service by this Act shall be used to
implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support
enforcement agency, or any individual participating in a
State or local program of child support enforcement, a fee
for information requested or provided concerning an address
of a postal customer: Provided further, That none of the
funds provided in this Act shall be used to consolidate or
close small rural and other small post offices in fiscal year
2006.
[United States Tax Court
[Salaries and Expenses
[For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $48,998,000:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.
[[Page S11372]]
[TITLE VIII--GENERAL PROVISIONS THIS ACT
[(including transfers of funds)
[Sec. 801. Such sums as may be necessary for fiscal year
2006 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or
previous appropriations Acts.
[Sec. 802. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
[Sec. 803. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
[Sec. 804. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
[Sec. 805. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
[Sec. 806. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930.
[Sec. 807. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his period
of active military or naval service, and has within 90 days
after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his former position
and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his former
position and has not been restored thereto.
[Sec. 808. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 10a-10c).
[Sec. 809. None of the funds provided in this Act, provided
by previous appropriations Acts to the agencies or entities
funded in this Act that remain available for obligation or
expenditure in fiscal year 2005, or provided from any
accounts in the Treasury derived by the collection of fees
and available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds that: (1) creates a new program; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose; (5) augments existing programs, projects,
or activities in excess of $2,000,000 or 10 percent,
whichever is greater; (6) reduces existing programs,
projects, or activities by $2,000,000 or 10 percent,
whichever is greater; or (7) creates, reorganizes, or
restructures a branch, division, office, bureau, board,
commission, agency, administration, or department different
from the budget justifications submitted to the Committees on
Appropriations or the table accompanying the statement of the
managers accompanying this Act, whichever is more detailed,
unless prior approval is received from the House and Senate
Committees on Appropriations: Provided, That not later than
60 days after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the Committee on
Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include: (1) a
table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a
delineation in the table for each appropriation both by
object class and program, project, and activity as detailed
in the budget appendix for the respective appropriation; and
(3) an identification of items of special congressional
interest: Provided further, That the amount appropriated or
limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
[Sec. 810. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2006 from
appropriations made available for salaries and expenses for
fiscal year 2006 in this Act, shall remain available through
September 30, 2007, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
[Sec. 811. None of the funds made available in this Act may
be used by the Executive Office of the President to request
from the Federal Bureau of Investigation any official
background investigation report on any individual, except
when--
[(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
[(2) such request is required due to extraordinary
circumstances involving national security.
[Sec. 812. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act
(Public Law 93-400; 41 U.S.C. 422) shall not apply with
respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
[Sec. 813. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office pursuant to court approval.
[Sec. 814. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
[Sec. 815. The provision of section 815 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
[Sec. 816. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in the Buy American Act (41 U.S.C. 10a et seq.), shall
not apply to the acquisition by the Federal Government of
information technology (as defined in section 11101 of title
40, United States Code), that is a commercial item (as
defined in section 4(12) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)).
[Sec. 817. None of the funds made available in the Act may
be used to finalize, implement, administer, or enforce--
[(1) the proposed rule relating to the determination that
real estate brokerage is an activity that is financial in
nature or incidental to a financial activity published in the
Federal Register on January 3, 2001 (66 Fed. Reg. 307 et
seq.); or
[(2) the revision proposed in such rule to section 1501.2
of title 12 of the Code of Federal Regulations.
[Sec. 818. Of the funds provided in title I of this Act
under the heading, ``Office of the Secretary, Transportation
Planning, Research, and Development'', $3,000,000 shall be
available for necessary expenses to reimburse fixed-based
general aviation operators and the providers of general
aviation ground support services at Ronald Reagan Washington
National Airport, and airports within 15 miles of Ronald
Reagan Washington National Airport, for financial losses
incurred by these operators while such airports were closed
due to the actions of the Federal Government following the
terrorist attacks on the United States that occurred on
September 11, 2001: Provided, That such funds shall remain
available until expended: Provided further, That obligation
and expenditure of these funds shall be made conditional upon
full release of the United States Government for all claims
arising from the closing of these general aviation
facilities.
[Sec. 819. Section 640(c) of the Treasury and General
Government Appropriations Act, 2000 (Public Law 106-58; 2
U.S.C. 437g note), as amended by section 642 of the Treasury
and General Government Appropriations Act, 2002 (Public Law
107-67) and by section 639 of the Transportation, Treasury,
and Independent Agencies Appropriations Act, 2004 (Public Law
108-199), is amended by striking ``December 31, 2005'' and
inserting ``December 31, 2008''.
[TITLE IX--GENERAL PROVISIONS, GOVERNMENT-WIDE
[Departments, Agencies, and Corporations
[Sec. 901. Funds appropriated in this or any other Act may
be used to pay travel to the United States for the immediate
family of employees serving abroad in cases of death or life
threatening illness of said employee.
[Sec. 902. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2006 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act) by the officers and employees of
such department, agency, or instrumentality.
[Sec. 903. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance
[[Page S11373]]
with section 16 of the Act of August 2, 1946 (60 Stat. 810),
for the purchase of any passenger motor vehicle (exclusive of
buses, ambulances, law enforcement, and undercover
surveillance vehicles), is hereby fixed at $8,100 except
station wagons for which the maximum shall be $9,100:
Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000
for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more
than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section
may be exceeded by the incremental cost of clean alternative
fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
[Sec. 904. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
[Sec. 905. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of
this Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United
States prior to such date and is actually residing in the
United States; (3) is a person who owes allegiance to the
United States; (4) is an alien from Cuba, Poland, South
Vietnam, the countries of the former Soviet Union, or the
Baltic countries lawfully admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975; or (6) is a national of the People's Republic of China
who qualifies for adjustment of status pursuant to the
Chinese Student Protection Act of 1992: Provided, That for
the purpose of this section, an affidavit signed by any such
person shall be considered prima facie evidence that the
requirements of this section with respect to his or her
status have been complied with: Provided further, That any
person making a false affidavit shall be guilty of a felony,
and, upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing
law: Provided further, That any payment made to any officer
or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government. This
section shall not apply to citizens of Ireland, Israel, or
the Republic of the Philippines, or to nationals of those
countries allied with the United States in a current defense
effort, or to international broadcasters employed by the
United States Information Agency, or to temporary employment
of translators, or to temporary employment in the field
service (not to exceed 60 days) as a result of emergencies.
[Sec. 906. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 749), the Public
Buildings Amendments of 1972 (87 Stat. 216), or other
applicable law.
[Sec. 907. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
[(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted
prior to the effective date of the Executive order.
[(2) Other Federal agency environmental management
programs, including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
[(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
[Sec. 908. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
[Sec. 909. No part of any appropriation for the current
fiscal year contained in this or any other Act shall be paid
to any person for the filling of any position for which he or
she has been nominated after the Senate has voted not to
approve the nomination of said person.
[Sec. 910. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
[Sec. 911. Funds made available by this or any other Act to
the Postal Service Fund (39 U.S.C. 2003) shall be available
for employment of guards for all buildings and areas owned or
occupied by the Postal Service or under the charge and
control of the Postal Service. The Postal Service may give
such guards with respect to such property, any of the powers
of special policemen provided under 40 U.S.C. 1315. The
Postmaster General, or his designee, may take any action that
the Secretary of Homeland Security may take under such
section with respect to that property.
[Sec. 912. None of the funds made available pursuant to the
provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a joint resolution duly adopted in
accordance with the applicable law of the United States.
[Sec. 913. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2006, by this
or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5,
United States Code--
[(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2006, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
[(2) during the period consisting of the remainder of
fiscal year 2006, in an amount that exceeds, as a result of a
wage survey adjustment, the rate payable under paragraph (1)
by more than the sum of--
[(A) the percentage adjustment taking effect in fiscal year
2006 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
[(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2006 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
[(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which subsection (a) is in effect at a
rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such
employee.
[(c) For the purposes of this section, the rates payable to
an employee who is covered by this section and who is paid
from a schedule not in existence on September 30, 2005, shall
be determined under regulations prescribed by the Office of
Personnel Management.
[(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this section may not be
changed from the rates in effect on September 30, 2005,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this section.
[(e) This section shall apply with respect to pay for
service performed after September 30, 2005.
[(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this section shall be treated as the
rate of salary or basic pay.
[(g) Nothing in this section shall be considered to permit
or require the payment to any employee covered by this
section at a rate in excess of the rate that would be payable
were this section not in effect.
[(h) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this section if the
Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
[Sec. 914. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Government appointed by the President of the
United States, holds office, no funds may be
[[Page S11374]]
obligated or expended in excess of $5,000 to furnish or
redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make
improvements for any such office, unless advance notice of
such furnishing or redecoration is expressly approved by the
Committees on Appropriations. For the purposes of this
section, the term ``office'' shall include the entire suite
of offices assigned to the individual, as well as any other
space used primarily by the individual or the use of which is
directly controlled by the individual.
[Sec. 915. Notwithstanding section 1346 of title 31, United
States Code, or section 910 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of national security
and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or
entities, as provided by Executive Order No. 12472 (April 3,
1984).
[Sec. 916. (a) None of the funds appropriated by this or
any other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from
the competitive service pursuant to section 3302 of title 5,
United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C
appointee that the Schedule C position was not created solely
or primarily in order to detail the employee to the White
House.
[(b) The provisions of this section shall not apply to
Federal employees or members of the armed services detailed
to or from--
[(1) the Central Intelligence Agency;
[(2) the National Security Agency;
[(3) the Defense Intelligence Agency;
[(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence
through reconnaissance programs;
[(5) the Bureau of Intelligence and Research of the
Department of State;
[(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department
of Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
[(7) the Director of National Intelligence or the Office of
the Director of National Intelligence.
[Sec. 917. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for the current fiscal year shall obligate or
expend any such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in
violation of title VII of the Civil Rights Act of 1964, as
amended, the Age Discrimination in Employment Act of 1967,
and the Rehabilitation Act of 1973.
[Sec. 918. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
[(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
[(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
[Sec. 919. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
[(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
[(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
[(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
[(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
[(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
[(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
[Sec. 920. No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive
Order No. 12958; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title
10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to
Congress by members of the military); section 2302(b)(8) of
title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste,
fraud, abuse or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421
et seq.) (governing disclosures that could expose
confidential Government agents); and the statutes which
protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
definitions, requirements, obligations, rights, sanctions,
and liabilities created by said Executive order and listed
statutes are incorporated into this agreement and are
controlling.'': Provided, That notwithstanding the preceding
paragraph, a nondisclosure policy form or agreement that is
to be executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress or
to an authorized official of an executive agency or the
Department of Justice that are essential to reporting a
substantial violation of law.
[Sec. 921. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
[Sec. 922. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
[Sec. 923. None of the funds made available in this Act or
any other Act may be used to provide any non-public
information such as mailing or telephone lists to any person
or any organization outside of the Federal Government without
the approval of the Committees on Appropriations.
[Sec. 924. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofor authorized by
the Congress.
[Sec. 925. (a) In this section the term ``agency''--
[(1) means an Executive agency as defined under section 105
of title 5, United States Code;
[(2) includes a military department as defined under
section 102 of such title, the Postal Service, and the Postal
Rate Commission; and
[(3) shall not include the Government Accountability
Office.
[(b) Unless authorized in accordance with law or
regulations to use such time for other purposes, an employee
of an agency shall use official time in an honest effort to
perform official duties. An employee not under a leave
system, including a Presidential appointee exempted under
section 6301(2) of title 5, United States Code, has an
obligation to expend an honest effort and a reasonable
proportion of such employee's time in the performance of
official duties.
[Sec. 926. Notwithstanding 31 U.S.C. 1346 and section 910
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which
is a member of the Joint Financial Management Improvement
Program (JFMIP), shall be available to finance an appropriate
share of JFMIP administrative costs, as determined by the
JFMIP, but not to exceed a total of $800,000 including the
salary of the Executive Director and staff support.
[Sec. 927. Notwithstanding 31 U.S.C. 1346 and section 910
of this Act, the head of each
[[Page S11375]]
Executive department and agency is hereby authorized to
transfer to or reimburse ``General Services Administration,
Government-wide Policy'' with the approval of the Director of
the Office of Management and Budget, funds made available for
the current fiscal year by this or any other Act, including
rebates from charge card and other contracts: Provided, That
these funds shall be administered by the Administrator of
General Services to support Government-wide financial,
information technology, procurement, and other management
innovations, initiatives, and activities, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency groups
designated by the Director (including the Chief Financial
Officers Council and the Joint Financial Management
Improvement Program for financial management initiatives, the
Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for
human capital initiatives, and the Federal Acquisition
Council for procurement initiatives). The total funds
transferred or reimbursed shall not exceed $10,000,000. Such
transfers or reimbursements may only be made 15 days
following notification of the Committees on Appropriations by
the Director of the Office of Management and Budget.
[Sec. 928. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
[Sec. 929. Notwithstanding section 1346 of title 31, United
States Code, or section 910 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of specific projects,
workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall
provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science; and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
[Sec. 930. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall indicate the agency providing the funds, the Catalog of
Federal Domestic Assistance Number, as applicable, and the
amount provided: Provided, That this provision shall apply to
direct payments, formula funds, and grants received by a
State receiving Federal funds.
[Sec. 931. Subsection (f) of section 403 of Public Law 103-
356 (31 U.S.C. 501 note), as amended, is further amended by
striking ``October 1, 2005'' and inserting ``October 1,
2006''.
[Sec. 932. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
[(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
[(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
[(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
[(1) any record of aggregate data that does not identify
particular persons;
[(2) any voluntary submission of personally identifiable
information;
[(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
[(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to the rendition of the
Internet site services or to the protection of the rights or
property of the provider of the Internet site.
[(c) Definitions.--For the purposes of this section:
[(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
[(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
[Sec. 933. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
[(b) Nothing in this section shall apply to a contract
with--
[(1) any of the following religious plans:
[(A) Personal Care's HMO; and
[(B) OSF HealthPlans, Inc.; and
[(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
[(c) In implementing this section, any plan that enters
into or renews a contract under this section may not subject
any individual to discrimination on the basis that the
individual refuses to prescribe or otherwise provide for
contraceptives because such activities would be contrary to
the individual's religious beliefs or moral convictions.
[(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
[Sec. 934. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official
anti-doping agency for Olympic, Pan American, and Paralympic
sport in the United States.
[Sec. 935. Notwithstanding any other provision of law,
funds appropriated for official travel by Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
program.
[Sec. 936. None of the funds made available under this or
any other Act for fiscal year 2006 and each fiscal year
thereafter shall be expended for the purchase of a product or
service offered by Federal Prison Industries, Inc., unless
the agency making such purchase determines that such offered
product or service provides the best value to the buying
agency pursuant to governmentwide procurement regulations,
issued pursuant to section 25(c)(1) of the Office of Federal
Procurement Act (41 U.S.C. 421(c)(1)) that impose procedures,
standards, and limitations of section 2410n of title 10,
United States Code.
[Sec. 937. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this Act or
any other appropriations Act may be used to implement or
enforce restrictions or limitations on the Coast Guard
Congressional Fellowship Program, or to implement the
proposed regulations of the Office of Personnel Management to
add sections 300.311 through 300.316 to part 300 of title 5
of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003
(relating to the detail of executive branch employees to the
legislative branch).
[Sec. 938. Each Executive department and agency shall
evaluate the creditworthiness of an individual before issuing
the individual a government travel charge card. The
department or agency may not issue a government travel charge
card to an individual that either lacks a credit history or
is found to have an unsatisfactory credit history as a result
of this evaluation: Provided, That this restriction shall not
preclude issuance of a restricted-use charge, debit, or
stored value card made in accordance with agency procedures
to: (1) an individual with an unsatisfactory credit history
where such card is used to pay travel expenses and the agency
determines there is no suitable alternative payment mechanism
available before issuing the card; or (2) an individual who
lacks a credit history. Each Executive department and agency
shall establish guidelines and procedures for disciplinary
actions to be taken against agency personnel for improper,
fraudulent, or abusive use of government charge cards, which
shall include appropriate disciplinary actions for use of
charge cards for purposes, and at establishments, that are
inconsistent with the official business of the Department or
agency or with applicable standards of conduct.
[Sec. 939. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or
lease any additional facilities, except within or contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without advance
approval of the Committees on Appropriations, except that the
Federal Law Enforcement Training Center is authorized to
obtain the temporary use of additional facilities by lease,
contract, or other agreement for training which cannot be
accommodated in existing Center facilities.
[Sec. 940. From funds made available in this or any other
Act under the headings ``The White House'', ``Special
Assistance to the President and the Official Residence of
Residence of the Vice President'', ``Council on Environmental
Quality and Office of Environmental Quality'', ``Office of
Science and Technology Policy'', and ``Office of the United
States Trade Representative'', the Director of the Office of
Management and Budget (or such other officer as the President
may designate in writing) may, 15 days after giving notice to
the Committees on Appropriations of the Senate and the House
of Representatives, transfer not to exceed 10 percent of any
such appropriation to any other such appropriation, to be
merged with and available for the same time and for the same
purposes as the appropriation to which transferred: Provided,
That the amount of an appropriation shall not be increased by
more than 50 percent by such transfers: Provided further,
That no amount shall be transferred from the heading
``Special Assistance to the President and the Official
Residence of the Vice President'' without approval of the
Vice President.
[Sec. 941. Section 4(b) of the Federal Activities Inventory
Reform Act of 1998 (Public Law 105-270) is amended by adding
at the end the following new paragraph:
[``(5) Executive agencies with fewer than 100 full-time
employees as of the first day of
[[Page S11376]]
the fiscal year. However, such an agency shall be subject to
section 2 to the extent it plans to conduct a public-private
competition for the performance of an activity that is not
inherently governmental.''.
[Sec. 942. (a) No funds shall be available for transfers or
reimbursements to the E-Government Initiatives sponsored by
the Office of Management and Budget (OMB) prior to 15 days
following submission of a report to the Committees on
Appropriations by the Director of the Office of Management
and Budget or receipt of approval to transfer funds by the
House and Senate Committees on Appropriations.
[(b) The report in (a) shall detail--
[(1) the amount proposed for transfer for any department
and agency by program office, bureau, or activity, as
appropriate;
[(2) the specific use of funds;
[(3) the relevance of that use to that department or agency
and each bureau or office within, which is contributing
funds; and
[(4) a description on any such activities for which funds
were appropriated that will not be implemented or partially
implemented by the department or agency as a result of the
transfer.
[Sec. 943. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect
in fiscal year 2006 under sections 5303 and 5304 of title 5,
United States Code, shall be an increase of 3.1 percent, and
this adjustment shall apply to civilian employees in the
Department of Defense and the Department of Homeland Security
and such adjustments shall be effective as of the first day
of the first applicable pay period beginning on or after
January 1, 2006.
[(b) Notwithstanding section 913 of this Act, the
adjustment in rates of basic pay for the statutory pay
systems that take place in fiscal year 2006 under sections
5344 and 5348 of title 5, United States Code, shall be no
less than the percentage in paragraph (a) as employees in the
same location whose rates of basic pay are adjusted pursuant
to the statutory pay systems under section 5303 and 5304 of
title 5, United States Code. Prevailing rate employees at
locations where there are no employees whose pay is increased
pursuant to sections 5303 and 5304 of title 5 and prevailing
rate employees described in section 5343(a)(5) of title 5
shall be considered to be located in the pay locality
designated as ``Rest of US'' pursuant to section 5304 of
title 5 for purposes of this paragraph.
[(c) Funds used to carry out this section shall be paid
from appropriations, which are made to each applicable
department or agency for salaries and expenses for fiscal
year 2006.
[Sec. 944. Unless otherwise authorized by existing law,
none of the funds provided in this Act or any other Act may
be used by an executive branch agency to produce any
prepackaged news story intended for broadcast or distribution
in the United States, unless the story includes a clear
notification within the text or audio of the prepackaged news
story that the prepackaged news story was prepared or funded
by that executive branch agency.
[Sec. 945. None of the funds made available in this Act may
be used to administer, implement, or enforce the amendment
made to section 515.533 of title 31, Code of Federal
Regulations, that was published in the Federal Register on
February 25, 2005.
[Sec. 946. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act) or of
section 552.224 of title 48 of the Code of Federal
Regulations.
[Sec. 947. None of the funds made available in this Act may
be used to provide for the competitive sourcing of flight
service stations.
[Sec. 948. None of the funds contained in this Act may be
used to enforce section 702 of the Firearms Control
Regulations Act of 1975 (sec. 7-2507.02, D.C. Official Code).
[Sec. 949. None of the funds made available in this Act may
be used to enforce the judgment of the United States Supreme
Court in the case of Kelo v. New London, decided June 23,
2005.
[Sec. 950. The amount otherwise provided under the heading
``Management and Administration--Working Capital Fund'', in
title III is hereby increased by $22,000,000.
[Sec. 951. None of the funds made available in this Act to
the Department of the Treasury may be used to recommended
approval of the sale of Unocal Corporation to CNOOC Ltd. of
China.
[Sec. 952. None of the funds made available in this Act may
be used by the General Services Administration to carry out
the eTravel Service program.
[Sec. 953. None of the funds made available by this Act may
be used to implement the revision to Office of Management and
Budget Circular A-76 made on May 29, 2003.
[This Act may be cited as the ``Transportation, Treasury,
Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act,
2006''.
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the
Departments of Transportation, Treasury, the Judiciary, and
Housing and Urban Development, and related agencies for the
fiscal year ending September 30, 2006, and for other
purposes, namely:
TITLE I--DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Salaries and Expenses
For necessary expenses of the Office of the Secretary,
$86,000,000, of which not to exceed $2,198,000 shall be
available for the immediate Office of the Secretary; not to
exceed $698,000 shall be available for the immediate Office
of the Deputy Secretary; not to exceed $15,183,000 shall be
available for the Office of the General Counsel; not to
exceed $12,650,000 shall be available for the Office of the
Under Secretary of Transportation for Policy; not to exceed
$8,585,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,293,000
shall be available for the Office of the Assistant Secretary
for Governmental Affairs; not to exceed $22,031,000 shall be
available for the Office of the Assistant Secretary for
Administration; not to exceed $1,910,000 shall be available
for the Office of Public Affairs; not to exceed $1,442,000
shall be available for the Office of the Executive
Secretariat; not to exceed $697,000 shall be available for
the Board of Contract Appeals; not to exceed $1,265,000 shall
be available for the Office of Small and Disadvantaged
Business Utilization; not to exceed $2,033,000 for the Office
of Intelligence and Security; not to exceed $11,895,000 shall
be available for the Office of the Chief Information Officer;
and not to exceed $3,120,000 shall be available for the
Office of Emergency Transportation: Provided, That the
Secretary of Transportation is authorized to transfer funds
appropriated for any office of the Office of the Secretary to
any other office of the Office of the Secretary: Provided
further, That no appropriation for any office shall be
increased or decreased by more than 5 percent by all such
transfers: Provided further, That notice of any change in
funding greater than 5 percent shall be submitted for
approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $60,000
shall be for allocation within the Department for official
reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other
provision of law, excluding fees authorized in Public Law
107-71, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees: Provided further,
That none of the funds made available in this Act may be used
to enforce the restriction in section 29(a) of the
International Air Transportation Competition Act of 1979
against the operation of flights between Love Field, Texas,
and one or more points within the State of Missouri: Provided
further, That the Secretary of Transportation shall amend
each air carrier's certificate of public convenience and
necessity to authorize the carrier operations consistent with
the limitations of the preceding proviso.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$8,550,000.
Transportation Planning, Research, and Development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $15,000,000.
Working Capital Fund
Necessary expenses for operating costs and capital outlays
of the Working Capital Fund, not to exceed $120,014,000,
shall be paid from appropriations made available to the
Department of Transportation: Provided, That such services
shall be provided on a competitive basis to entities within
the Department of Transportation: Provided further, That the
above limitation on operating expenses shall not apply to
non-DOT entities: Provided further, That no funds
appropriated in this Act to an agency of the Department shall
be transferred to the Working Capital Fund without the
approval of the agency modal administrator: Provided further,
That no assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless
notice of such assessments and the basis therefor are
presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
Minority Business Resource Center Program
For the cost of guaranteed loans, $500,000, as authorized
by 49 U.S.C. 332: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $18,367,000. In addition, for administrative expenses
to carry out the guaranteed loan program, $400,000.
Minority Business Outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $3,000,000, to remain available until
September 30, 2007: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities
related to any mode of transportation.
Payments to Air Carriers
(Airport and Airway Trust Fund)
In addition to funds made available from any other source
to carry out the essential air service program under 49
U.S.C. 41731 through 41742, $60,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available until
expended.
New Headquarters Building
For necessary expenses of the Department of
Transportation's new headquarters building and related
services, $50,000,000, to remain available until expended.
Federal Aviation Administration
Operations
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
[[Page S11377]]
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, lease or purchase of passenger motor
vehicles for replacement only, in addition to amounts made
available by Public Law 108-176, $8,026,000,000, of which
$5,686,500,000 shall be derived from the Airport and Airway
Trust Fund, of which not to exceed $6,627,010,000 shall be
available for air traffic organization activities; not to
exceed $956,242,000 shall be available for aviation
regulation and certification activities; not to exceed
$11,759,000 shall be available for commercial space
transportation activities; not to exceed $50,983,000 shall be
available for financial services activities; not to exceed
$69,943,000 shall be available for human resources program
activities; not to exceed $150,744,000 shall be available for
region and center operations and regional coordination
activities; not to exceed $141,909,000 shall be available for
staff offices; and not to exceed $36,112,000 shall be
available for information services: Provided, That not to
exceed 2 percent of any budget activity, except for aviation
regulation and certification budget activity, may be
transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease
any appropriation by more than 2 percent: Provided further,
That any transfer in excess of 2 percent shall be treated as
a reprogramming of funds under section 710 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That none of the funds in this Act shall be
available for the Federal Aviation Administration to finalize
or implement any regulation that would promulgate new
aviation user fees not specifically authorized by law after
the date of the enactment of this Act: Provided further, That
there may be credited to this appropriation funds received
from States, counties, municipalities, foreign authorities,
other public authorities, and private sources, for expenses
incurred in the provision of agency services, including
receipts for the maintenance and operation of air navigation
facilities, and for issuance, renewal or modification of
certificates, including airman, aircraft, and repair station
certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of
the funds appropriated under this heading, not less than
$7,500,000 shall be for the contract tower cost-sharing
program: Provided further, That funds may be used to enter
into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this
Act shall be available for new applicants for the second
career training program: Provided further, That none of the
funds in this Act shall be available for paying premium pay
under 5 U.S.C. 5546(a) to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay: Provided further,
That none of the funds in this Act may be obligated or
expended to operate a manned auxiliary flight service station
in the contiguous United States: Provided further, That none
of the funds in this Act for aeronautical charting and
cartography are available for activities conducted by, or
coordinated through, the Working Capital Fund: Provided
further, That none of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
In addition, $150,000,000 is for costs associated with the
flight service station transition.
Facilities and Equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of air
navigation and experimental facilities and equipment, as
authorized under part A of subtitle VII of title 49, United
States Code, including initial acquisition of necessary sites
by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of
quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at
remote localities where such accommodations are not
available; and the purchase, lease, or transfer of aircraft
from funds available under this heading; to be derived from
the Airport and Airway Trust Fund, $2,448,000,000, of which
$2,024,579,000 shall remain available until September 30,
2008, and of which $423,421,000 shall remain available until
September 30, 2006: Provided, That there may be credited to
this appropriation funds received from States, counties,
municipalities, other public authorities, and private
sources, for expenses incurred in the establishment and
modernization of air navigation facilities: Provided further,
That upon initial submission to the Congress of the fiscal
year 2007 President's budget, the Secretary of Transportation
shall transmit to the Congress a comprehensive capital
investment plan for the Federal Aviation Administration which
includes funding for each budget line item for fiscal years
2007 through 2011, with total funding for each year of the
plan constrained to the funding targets for those years as
estimated and approved by the Office of Management and
Budget.
Research, Engineering, and Development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$134,500,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2008:
Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other
public authorities, and private sources, for expenses
incurred for research, engineering, and development.
Grants-in-Aid for Airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,390,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,500,000,000 in fiscal year 2006,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the funds under this
heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding any other provision of law, not more than
$71,096,000 of funds limited under this heading shall be
obligated for administration and not less than $20,000,000
shall be available to carry out the Small Community Air
Service Development Program, to remain available until
expended.
Grants-in-Aid for Airports
(airport and airway trust fund)
(rescission of contract authorization)
Of the amounts authorized for the fiscal year ending
September 30, 2006 and prior years under sections 48103 and
48112 of title 49, United States Code, $1,174,000,000 are
rescinded.
Administrative Provisions--Federal Aviation Administation
Sec. 101. Notwithstanding any other provision of law,
airports may transfer without consideration to the Federal
Aviation Administration (FAA) instrument landing systems
(along with associated approach lighting equipment and runway
visual range equipment) which conform to FAA design and
performance specifications, the purchase of which was
assisted by a Federal airport-aid program, airport
development aid program or airport improvement program grant:
Provided, That the Federal Aviation Administration shall
accept such equipment, which shall thereafter be operated and
maintained by FAA in accordance with agency criteria.
Sec. 102. None of the funds in this Act may be used to
compensate in excess of 375 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2006.
Sec. 103. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds in
this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or to grant assurances that
require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
Sec. 104. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
U.S.C. 45303: Provided, That during fiscal year 2006, 49
U.S.C. 41742(b) shall not apply, and any amount remaining in
such account at the close of that fiscal year may be made
available to satisfy section 41742(a)(1) for the subsequent
fiscal year.
Sec. 105. Amounts collected under section 40113(e) of title
49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes of such
appropriation.
Sec. 106. (a) Section 44302(f)(1) of title 49, United
States Code, is amended by striking ``2005,'' each place it
appears and inserting ``2006,''.
(b) Section 44303(b) of such title is amended by striking
``2005,'' and inserting ``2006,''.
Sec. 107. Notwithstanding any provision of law, the
Secretary of Transportation is authorized and directed to
make project grants under chapter 471 of title 49, United
States Code, from funds available for fiscal year 2006 and
thereafter under 49 U.S.C. 48103, for the cost of acquisition
of land, or reimbursement of the cost of land if purchased
prior to enactment of this provision and prior to a grant
agreement, for non-exclusive use aeronautical purposes on an
airport layout plan that has been approved by the Secretary
on January 23, 2004, pursuant to section 49 U.S.C.
47107(a)(16), for any small hub airport as defined in 49
U.S.C. 47102, and had scheduled or chartered direct
international flights totaling at least 200 million pounds
gross aircraft landed weight for calendar year 2002.
[[Page S11378]]
Sec. 108. (a) Section 47108 of title 49, United States
Code, is amended in subsection (e) by adding the following
new paragraph at the end:
``(3) Changes to nonhub primary status.--If the status of a
nonhub primary airport changes to a small hub primary airport
at a time when the airport has received discretionary funds
under this chapter for a terminal development project in
accordance with section 47110(d)(2), and the project is not
yet completed, the project shall remain eligible for funding
from the discretionary fund and the small airport fund to pay
costs allowable under section 47110(d). Such project shall
remain eligible for such funds for three fiscal years after
the start of construction of the project, or if the Secretary
determines that a further extension of eligibility is
justified, until the project is completed.''.
(b) Conforming Amendment.--Section 47110(d)(2)(A) is
amended by striking ``(A) the'' and inserting ``(A) except as
provided in section 47108(e)(3), the''.
Federal Highway Administration
limitation on administrative expenses
Necessary expenses for administration and operation of the
Federal Highway Administration, not to exceed $364,638,000,
shall be paid in accordance with law from appropriations made
available by this Act to the Federal Highway Administration
together with advances and reimbursements received by the
Federal Highway Administration.
Federal-Aid Highways
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for
which are in excess of $40,194,259,000 for Federal-aid
highways and highway safety construction programs for fiscal
year 2006: Provided, That within the $40,194,259,000
obligation limitation on Federal-aid highways and highway
safety construction programs, not more than $408,491,420
shall be available for the implementation or execution of
programs for transportation research (sections 502, 503, 504,
506, 507, and 508 of title 23, United States Code, as
amended; section 5505 of title 49, United States Code, as
amended; and sections 5112 and 5204-5209 of Public Law 105-
178) for fiscal year 2005: Provided further, That this
limitation on transportation research programs shall not
apply to any authority previously made available for
obligation.
(liquidation of contract authorization)
(highway trust fund)
Notwithstanding any other provision of law, for carrying
out the provisions of title 23, United States Code, that are
attributable to Federal-aid highways, including the National
Scenic and Recreational Highway as authorized by 23 U.S.C.
148, not otherwise provided, including reimbursement for sums
expended pursuant to the provisions of 23 U.S.C. 308,
$40,194,259,000 or so much thereof as may be available in and
derived from the Highway Trust Fund, to remain available
until expended.
Federal-Aid Highways
Highway Trust Fund
(rescission)
Of the unobligated balances of funds apportioned to each
State under chapter 1 of title 23, United States Code,
$2,300,000,000 are rescinded: Provided, That such rescission
shall not apply to the funds distributed in accordance with
23 U.S.C. 133(d)(1) and the first sentence of 23 U.S.C.
133(d)(3)(A) or to the funds apportioned to the program
authorized under section 163 of title 23, United States Code.
Appalachian Development Highway System
For necessary expenses for the Appalachian Development
Highway System as authorized under section 1069(y) of Public
Law 102-240, as amended, $80,000,000, to remain available
until expended.
Administrative Provisions--Federal Highway Administration
Sec. 110. (a) For fiscal year 2006, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for administrative
expenses and programs funded from the administrative takedown
authorized by section 104(a)(1)(A) of title 23, United States
Code, for the highway use tax evasion program, and for the
Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highways and highway safety programs for the prior fiscal
years the funds for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid highways less
the aggregate of amounts not distributed under paragraphs (1)
and (2), bears to
(B) the total of the sums authorized to be appropriated for
Federal-aid highways and highway safety construction programs
(other than sums authorized to be appropriated for sections
set forth in paragraphs (1) through (7) of subsection (b) and
sums authorized to be appropriated for section 105 of title
23, United States Code, equal to the amount referred to in
subsection (b)(8)) for such fiscal year less the aggregate of
the amounts not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation limitation for Federal-aid
highways less the aggregate amounts not distributed under
paragraphs (1) and (2) for section 201 of the Appalachian
Regional Development Act of 1965 and $2,000,000,000 for such
fiscal year under section 105 of title 23, United States Code
(relating to minimum guarantee) so that the amount of
obligation authority available for each of such sections is
equal to the amount determined by multiplying the ratio
determined under paragraph (3) by the sums authorized to be
appropriated for such section (except in the case of section
105, $2,000,000,000) for such fiscal year;
(5) distribute the obligation limitation provided for
Federal-aid highways less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4) for each of the programs that
are allocated by the Secretary under title 23, United States
Code (other than activities to which paragraph (1) applies
and programs to which paragraph (4) applies) by multiplying
the ratio determined under paragraph (3) by the sums
authorized to be appropriated for such program for such
fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid highways less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5) for Federal-aid
highways and highway safety construction programs (other than
the minimum guarantee program, but only to the extent that
amounts apportioned for the minimum guarantee program for
such fiscal year exceed $2,639,000,000, and the Appalachian
development highway system program) that are apportioned by
the Secretary under title 23, United States Code, in the
ratio that--
(A) sums authorized to be appropriated for such programs
that are apportioned to each State for such fiscal year, bear
to
(B) the total of the sums authorized to be appropriated for
such programs that are apportioned to all States for such
fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations: (1) under section 125 of title 23, United States
Code; (2) under section 147 of the Surface Transportation
Assistance Act of 1978; (3) under section 9 of the Federal-
Aid Highway Act of 1981; (4) under sections 131(b) and 131(j)
of the Surface Transportation Assistance Act of 1982; (5)
under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991; (7) under
section 157 of title 23, United States Code, as in effect on
the day before the date of the enactment of the
Transportation Equity Act for the 21st Century; (8) under
section 105 of title 23, United States Code (but, only in an
amount equal to $639,000,000 for such fiscal year); and (9)
for Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century or subsequent public laws for
multiple years or to remain available until used, but only to
the extent that such obligation authority has not lapsed or
been used.
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall after
August 1 for such fiscal year revise a distribution of the
obligation limitation made available under subsection (a) if
a State will not obligate the amount distributed during that
fiscal year and redistribute sufficient amounts to those
States able to obligate amounts in addition to those
previously distributed during that fiscal year giving
priority to those States having large unobligated balances of
funds apportioned under sections 104 and 144 of title 23,
United States Code, section 160 (as in effect on the day
before the enactment of the Transportation Equity Act for the
21st Century) of title 23, United States Code, and under
section 1015 of the Intermodal Surface Transportation
Efficiency Act of 1991.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--The obligation limitation
shall apply to transportation research programs carried out
under chapter 5 of title 23, United States Code, except that
obligation authority made available for such programs under
such limitation shall remain available for a period of 3
fiscal years.
(e) Redistribution of Certain Authorized Funds.--Not later
than 30 days after the date of the distribution of obligation
limitation under subsection (a), the Secretary shall
distribute to the States any funds: (1) that are authorized
to be appropriated for such fiscal year for Federal-aid
highways programs (other than the program under section 160
of title 23, United States Code) and for carrying out
subchapter I of chapter 311 of title 49, United States Code,
and highway-related programs under chapter 4 of title 23,
United States Code; and (2) that the Secretary determines
will not be allocated to the States, and will not be
available for obligation, in such fiscal year due to the
imposition of any obligation limitation for such fiscal year.
Such distribution to the States shall be made in the same
ratio as the distribution of obligation authority under
subsection (a)(6). The funds so distributed shall be
available for any purposes described in section 133(b) of
title 23, United States Code.
(f) Special Rule.--Obligation limitation distributed for a
fiscal year under subsection (a)(4) of this section for a
section set forth in subsection (a)(4) shall remain available
until used and shall be in addition to the amount of any
limitation imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal years.
Sec. 111. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data
products, for necessary expenses incurred pursuant to 49
U.S.C. 111 may be credited to the Federal-aid highways
account for the purpose of reimbursing the Bureau for such
expenses: Provided, That such funds shall be subject to the
obligation limitation for Federal-aid highways and highway
safety construction.
Sec. 112. Bypass Bridge at Hoover Dam. (a) In General.--
Subject to subsection (b), the Secretary of Transportation
may expend from any
[[Page S11379]]
funds appropriated for expenditure in accordance with title
23, United States Code, for payment of debt service by the
States of Arizona and Nevada on notes issued for the bypass
bridge project at Hoover Dam, pending appropriation or
replenishment for that project.
(b) Reimbursement.--Funds expended under subsection (a)
shall be reimbursed from the funds made available to the
States of Arizona and Nevada for payment of debt service on
notes issued for the bypass bridge project at Hoover Dam.
Sec. 113. None of the funds made available in this Act
shall be available for the development or dissemination by
the Federal Highway Administration of any version of a
programmatic agreement which regards the Dwight D. Eisenhower
National System of Interstate and Defense Highways as
eligible for inclusion on the National Register of Historic
Places.
Sec. 114. Bus Axle Weight Exemption. Section 1023 of the
Intermodal Surface Transportation Efficiency Act of 1991 (23
U.S.C. 127 note; 105 Stat. 1951) is amended by striking
subsection (h) and inserting the following:
``(h) Over-the-Road Bus and Public Transit Vehicle
Exemption.--
``(1) In general.--The second sentence of section 127 of
title 23, United States Code (relating to axle weight
limitations for vehicles using the Dwight D. Eisenhower
System of Interstate and Defense Highways), shall not apply
to--
``(A) any over-the-road bus (as defined in section 301 of
the Americans With Disabilities Act of 1990 (42 U.S.C.
12181)); or
``(B) any vehicle that is regularly and exclusively used as
an intrastate public agency transit passenger bus.
``(2) State action.--No State or political subdivision of a
State, or any political authority of 2 or more States, shall
impose any axle weight limitation on any vehicle described in
paragraph (1) in any case in which such a vehicle is using
the Dwight D. Eisenhower System of Interstate and Defense
Highways.''.
Sec. 115. Notwithstanding any other provision of law,
access to the I-5 ``Transit Only'' ramps at NE 163rd in
Shoreline, Washington shall be expanded to include King
County Solid Waste Division transfer vehicles upon the
determination of the Federal Highway Administrator that
necessary safety improvements have been completed.
Federal Motor Carrier Safety Administration
Motor Carrier Safety Operations and Programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of the motor carrier safety
program, motor carrier safety research, motor carrier
outreach and education, $211,400,000, to be derived from the
Highway Trust Fund, together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration,
the sum of which shall remain available until expended:
Provided, That none of the funds under this heading shall be
available for the implementation, execution or administration
of programs the obligations for which are in excess of
$211,400,000, for ``Motor Carrier Safety Operations and
Programs'', of which $9,600,000, to remain available until
September 30, 2009, is for the research and technology
program; and of which up to $6,800,000 shall be available to
make grants to, or enter into contracts with, States, local
government, or other persons for the commercial vehicle
analysis reporting system, and the Federal share payable
under such grants shall be 100 percent.
Motor Carrier Safety Grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(INCLUDING TRANSFER OF FUNDS)
For payment of obligations incurred in carrying out
sections 31102, 31106, and 31309 of title 23, United States
Code, $278,620,000 to be derived from the Highway Trust Fund
and to remain available until expended: Provided, That none
of the funds in this Act shall be available for the
implementation or execution of programs the obligations for
which are in excess of $278,620,000 for ``Motor Carrier
Safety Grants'', of which $193,620,000 shall be available for
Motor Carrier Safety Assistance Program grants to States; of
which $33,000,000 shall be available for Border Enforcement
grants to States; $4,000,000 shall be available for
Performance and Registration Information System Management
grants to States; $23,000,000 shall be available for the
Commercial Driver's License and Driver Improvement Program
grants to States; and $25,000,000 shall be available for
Commercial Vehicle Information Systems and Networks grants to
States: Provided further, That for grants made to States for
implementation of section 210 of the Motor Carrier Safety
Improvement Act of 1999 (113 Stat. 1764-1765), and for grants
to States, local governments, or other entities for
commercial driver's license program improvements, the Federal
share payable under such grants shall be 100 percent:
Provided further, That from amounts provided under this
heading for grants to States or local governments for audits
of new entrant motor carriers, the Secretary of
Transportation may withhold such funds from a State or local
government that is unable to use government employees to
conduct new entrant motor carrier audits and may transfer
such funds to ``Motor Carrier Safety Operations and
Programs'' to conduct audits in those jurisdictions.
Administrative Provisions--Federal Motor Carrier Safety Administration
Sec. 120. Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated in section
350 of Public Law 107-87, including that the Secretary submit
a report to the House and Senate Appropriations Committees
annually on the safety and security of transportation into
the United States by Mexico-domiciled motor carriers.
Sec. 121. None of the funds appropriated or otherwise made
available by this Act may be used to implement or enforce any
provisions of the Final Rule, issued on April 16, 2003
(Docket No. FMCSA-97-2350), with respect to either of the
following:
(1) The operators of utility service vehicles, as that term
is defined in section 395.2 of title 49, Code of Federal
Regulations.
(2) Maximum daily hours of service for drivers engaged in
the transportation of property or passengers to or from a
motion picture or television production site located within a
100-air mile radius of the work reporting location of such
drivers.
National Highway Traffic Safety Administration
Operations and Research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, 49 U.S.C. 301, and part C of
subtitle VI of 49 U.S.C., $226,688,000, to be derived from
the Highway Trust Fund: Provided, That none of the funds in
this Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year
2006, are in excess of $226,688,000 for programs authorized
under such sections: Provided further, That none of the funds
appropriated by this Act may be obligated or expended to
plan, finalize, or implement any rulemaking to add to section
575.104 of title 49 of the Code of Federal Regulations any
requirement pertaining to a grading standard that is
different from the three grading standards (treadwear,
traction, and temperature resistance) already in effect.
National Driver Register
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out chapter
303 of title 49, United States Code, $4,000,000, to be
derived from the Highway Trust Fund and remain available
until expended: Provided, That none of the funds in this Act
shall be available for the implementation or execution of
programs the obligations for which are in excess of
$4,000,000 for the National Driver Register authorized under
chapter 303 of title 49, United States Code.
Highway Traffic Safety Grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 402, 405, 406, 407A, 410, 412,
section 7212(a)(9) of the Highway Safety Grant Program
Reauthorization Act of 2005 to pay administrative and related
operating expenses under 23 U.S.C. 402, 405, 406, 407A, 410,
412, 413 and 414, and section 7223 of the Highway Safety
Grant Program Reauthorization Act of 2005, to remain
available until expended, $548,182,095 to be derived from the
Highway Trust Fund (other than the Mass Transit Account):
Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2006, are in excess of
$548,182,095 for programs authorized under 23 U.S.C. 402,
405, 406, 407A, 410, 412, 413 and 414, and section 7223 of
the Highway Safety Grant Program Reauthorization Act of 2005,
of which $209,217,985 shall be for ``Highway Safety
Programs'' under 23 U.S.C. 402, $149,667,110 shall be for
``Occupant Protection Programs'' under 23 U.S.C. 405,
$7,400,000 shall be for ``Demonstration Programs related to
older drivers, law enforcement, and motorcycle training''
under 23 U.S.C. 406, $5,000,000 shall be for the ``Emergency
Medical Services Program'' under 23 U.S.C. 407A, $115,721,000
shall be for the ``Impaired Driving Program'' under 23 U.S.C.
410, $45,000,000 shall be for ``State Traffic Safety
Information System Improvements'' under 23 U.S.C. 412,
$16,176,000 shall be for ``administrative and related
operating expenses'' under section 7212(a)(9) of the Highway
Safety Grant Program Reauthorization Act of 2005 for 23
U.S.C. 402, 405, 406, 407A, 410, 412, 413 and 414, and
section 7223 of the Highway Safety Grant Program
Reauthorization Act of 2005: Provided further, That none of
these funds shall be used for construction, rehabilitation,
or remodeling costs, or for office furnishings and fixtures
for State, local or private buildings or structures: Provided
further, That not to exceed $500,000 of the funds made
available for section 410 ``Alcohol-Impaired Driving
Countermeasures Grants'' shall be available for technical
assistance to the States.
Administrative Provisions--National Highway Traffic Safety
Administration
Sec. 130. Notwithstanding any other provision of law,
States may use funds provided in this Act under section 402
of title 23, United States Code, to produce and place highway
safety public service messages in television, radio, cinema,
and print media, and on the Internet in accordance with
guidance issued by the Secretary of Transportation: Provided,
That any State that uses funds for such public service
messages shall submit to the Secretary a report describing
and assessing the effectiveness of the messages: Provided
further, That $10,000,000 of the funds allocated under
section 157 of title 23, United States
[[Page S11380]]
Code, shall be used as directed by the National Highway
Traffic Safety Administrator to purchase national paid
advertising (including production and placement) to support
national safety belt mobilizations: Provided further, That,
of the funds allocated under section 163 of title 23, United
States Code, $6,000,000 shall be used as directed by the
Administrator to support national impaired driving
mobilizations and enforcement efforts, and $14,000,000 shall
be used as directed by the Administrator to purchase national
paid advertising (including production and placement) to
support such national impaired driving mobilizations and
enforcement efforts.
Sec. 131. Notwithstanding any other provision of law, for
fiscal year 2006 the Secretary of Transportation is
authorized to use amounts made available to carry out section
157 of title 23, United States Code, to make innovative
project allocations, not to exceed the prior year's amounts
for such allocations, before making incentive grants for use
of seat belts.
Sec. 132. Notwithstanding any other provision of law, not
to exceed $130,000 of the funds made available under sections
403 of title 23 U.S.C. and 7212(a)(9) of the Highway Safety
Grant Program Reauthorization Act of 2005 to pay
administrative and related operating expenses under 23 U.S.C.
402 shall be available to the National Highway Traffic Safety
Administration for travel and related expenses for State
management reviews and highway safety staff core competency
development training.
Federal Railroad Administration
Safety and Operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $146,000,000, of
which $13,856,000 shall remain available until expended.
Railroad Research and Development
For necessary expenses for railroad research and
development, $41,000,000, to remain available until expended.
Railroad Rehabilitation and Improvement Program
The Secretary of Transportation is authorized to issue to
the Secretary of the Treasury notes or other obligations
pursuant to section 512 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, in such amounts and at such times as may be
necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under
sections 511 through 513 of such Act, such authority to exist
as long as any such guaranteed obligation is outstanding:
Provided, That pursuant to section 502 of such Act, as
amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium
during fiscal year 2006.
Next Generation High-Speed Rail
For necessary expenses for the Next Generation High-Speed
Rail program as authorized under 49 U.S.C. 26101 and 26102,
$11,500,000, to remain available until expended.
Alaska Railroad Rehabilitation
To enable the Secretary of Transportation to make grants to
the Alaska Railroad, $20,000,000, for capital rehabilitation
and improvements benefiting its passenger operations, to
remain available until expended.
Grants to the National Railroad Passenger Corporation
To enable the Secretary of Transportation to make a grant
to the National Railroad Passenger Corporation
(``Corporation'') for the operation and capital expenses of
intercity passenger rail service, $1,450,000,000, to remain
available until expended: Provided, That, not later than six
months after the date of enactment of this Act, no federal
grants from funds appropriated under this heading shall be
used by the National Railroad Passenger Corporation for the
purposes of providing food and beverage services except as a
capital expenditure that results in no operating subsidy:
Provided further, That, not later than six months after the
date of enactment of this Act, Amtrak shall provide food and
beverage service on its trains only if revenues from the
provision of food and beverage service shall equal or exceed
the cost of providing said service, pursuant to 49 U.S.C.
Section 24305: Provided further, That, not later than six
months after the date of enactment of this Act, no funds
appropriated under this heading shall be used by the
Corporation for the purposes of providing sleeper car service
except to the extent that the revenues from the provision of
sleeper car accommodations equal or exceed the cost of
providing said service: Provided further, That the
Corporation may impose a passenger service surcharge on each
ticket issued equivalent to 5 percent of the value of said
ticket for all tickets issued for travel in the Northeast
Corridor, or route segment, between Washington, DC and
Boston, MA and equivalent to 2 percent of the value of said
ticket price for all tickets issued for travel on a route
outside the Northeast Corridor, the proceeds of which shall
be used for capital investments: Provided further, That the
Corporation shall not impose said surcharge if it finds that
such a surcharge shall have a deleterious impact on ridership
and revenues: Provided further, That, of the funds provided
under this section, not less than $5,000,000 shall be
expended for the development and implementation of a
managerial cost accounting system, which includes average and
marginal unit cost capability: Provided further, That within
30 days of development of the managerial cost accounting
system, the Department of Transportation Inspector General
shall review and comment to the Secretary of Transportation
and the House and Senate Committees on Appropriations, upon
the strengths and weaknesses of the system and how it best
can be implemented to improve decision making by the Board of
Directors and management of the Corporation: Provided
further, That the Corporation shall determine the cost to the
Corporation for the annual Northeast Corridor maintenance
costs attributable to commuter rail operations over said
Corridor: Provided further, that these costs shall be
calculated by the Corporation based on the train mile usage
of each commuter rail authority as a percentage of the total
number of annual train miles used by all users of the
Northeast Corridor: Provided further, That, notwithstanding
any other provision of law, the Secretary may assess fees to
each commuter rail authority for any direct maintenance costs
associated with that rail authority's train mile usage of the
corridor minus any direct annual contributions made by that
commuter authority for the use of the northeast Corridor in
that fiscal year: Provided further, That no funds may be used
by the National Railroad Passenger Corporation to influence a
member of Congress in acting upon proposed legislation except
to the extent that such efforts are consistent with the
program and policies of the Amtrak Board of Directors as
articulated by the Amtrak President.
Administrative PROVISIONS--FEDERAL RAILROAD ADMINISTRATION
Sec. 140. Notwithstanding any other provision of law, from
funds made available to the Federal Railroad Administration
under the heading ``Next Generation High-Speed Rail'' in the
Consolidated Appropriations Act of 2005 (Public Law 108-447),
the Secretary of Transportation shall award a grant in the
amount of $500,000 to the Maine Department of Transportation
for Safety and Mitigation Rail Relocation in Auburn, Maine.
Sec. 141. Notwithstanding any other provision of law, funds
made available to the Federal Railroad Administration for the
Illinois statewide highway-rail crossing safety program on
page 1420 of the Joint Explanatory Statement of the Committee
of Conference for Public Law 108-447 (House Report 108-792)
shall be made available to the Illinois Commerce Commission
for the Public Education and Enforcement Research (PEERS)
program to improve rail-grade crossing safety through
education and enforcement initiatives.
Sec. 142. Notwithstanding any existing federal legislation,
from funds available to the Federal Railroad Administration
under the heading of ``Next Generation High-Speed Rail'' in
the Consolidated Appropriations Act of 2004, Public Law 108-
199; the Secretary of Transportation may award a grant of
$1,000,000 to the New Orleans Regional Planning Commission,
New Orleans, Louisiana for site planning and an update of the
Master Plan for the Union Passenger Terminal, located at New
Orleans, Louisiana.
Federal Transit Administration
Administrative Expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $13,411,000: Provided, That no
more than $79,544,000 of budget authority shall be available
for these purposes: Provided further, That of the funds
available not to exceed $925,000 shall be available for the
Office of the Administrator; not to exceed $6,800,000 shall
be available for the Office of Administration; not to exceed
$4,200,000 shall be available for the Office of the Chief
Counsel; not to exceed $1,300,000 shall be available for the
Office of Communication and Congressional Affairs; not to
exceed $7,500,000 shall be available for the Office of
Program Management; not to exceed $7,200,000 shall be
available for the Office of Budget and Policy; not to exceed
$4,700,000 shall be available for the Office of Demonstration
and Innovation; not to exceed $3,000,000 shall be available
for the Office of Civil Rights; not to exceed $4,200,000
shall be available for the Office of Planning; not to exceed
$21,000,000 shall be available for regional offices; and not
to exceed $16,219,000 shall be available for the central
account: Provided further, That the Administrator is
authorized to transfer funds appropriated for an office of
the Federal Transit Administration: Provided further, That no
appropriation for an office shall be increased or decreased
by more than a total of 5 percent during the fiscal year by
all such transfers: Provided further, That any change in
funding greater than 5 percent shall be submitted for
approval to the House and Senate Committees on
Appropriations: Provided further, That any funding
transferred from the central account shall be submitted for
approval to the House and Senate Committees on
Appropriations: Provided further, That none of the funds
provided or limited in this Act may be used to create a
permanent office of transit security under this heading:
Provided further, That of the funds in this Act available for
the execution of contracts under section 5327(c) of title 49,
United States Code, $2,000,000 shall be reimbursed to the
Department of Transportation's Office of Inspector General
for costs associated with audits and investigations of
transit-related issues, including reviews of new fixed
guideway systems: Provided further, That up to $2,500,000 for
the National transit database shall remain available until
expended: Provided further, That upon submission to the
Congress of the fiscal year 2007 President's budget, the
Secretary of Transportation shall transmit to Congress the
annual report on new starts, including proposed allocations
of funds for fiscal year 2007.
Formula Grants
For necessary expenses to carry out 49 U.S.C. 5307, 5308,
5310, 5311, 5327, and section 3038 of Public Law 105-178,
$734,117,000, to remain available until expended: Provided,
That no more than $4,354,191,000 of budget authority shall be
available for these purposes.
University Transportation Research
For necessary expenses to carry out 49 U.S.C. 5505,
$981,000, to remain available until expended: Provided, That
no more than $5,818,000
[[Page S11381]]
of budget authority shall be available for these purposes.
Transit Planning and Research
For necessary expenses to carry out 49 U.S.C. 5303, 5304,
5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322,
$26,350,000, to remain available until expended: Provided,
That no more than $156,287,000 of budget authority shall be
available for these purposes: Provided further, That
$5,208,000 is available to provide rural transportation
assistance (49 U.S.C. 5311(b)(2)), $3,967,000 is available to
carry out programs under the National Transit Institute (49
U.S.C. 5315), $8,992,000 is available to carry out transit
cooperative research programs (49 U.S.C. 5313(a)),
$104,004,000 is available for State and metropolitan
planning; and $34,116,000 is available for the national
planning and research program (49 U.S.C. 5314).
Trust Fund Share of Expenses
(liquidation of contract authorization)
(highway trust fund)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 5303-5308,
5310-5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037
and 3038 of Public Law 105-178, $6,824,667,000, to remain
available until expended, and to be derived from the Mass
Transit Account of the Highway Trust Fund: Provided, That
$3,620,074,000 shall be paid to the Federal Transit
Administration's formula grants account: Provided further,
That $129,937,000 shall be paid to the Federal Transit
Administration's transit planning and research account:
Provided further, That $66,133,000 shall be paid to the
Federal Transit Administration's administrative expenses
account: Provided further, That $4,837,000 shall be paid to
the Federal Transit Administration's university
transportation research account: Provided further, That
$101,292,000 shall be paid to the Federal Transit
Administration's job access and reverse commute grants
program: Provided further, That $2,902,394,000 shall be paid
to the Federal Transit Administration's Capital Investment
Grants account.
Capital Investment Grants
For necessary expenses to carry out 49 U.S.C. 5308, 5309,
5318, and 5327, $588,578,000, to remain available until
expended: Provided, That no more than $3,490,972,000 of
budget authority shall be available for these purposes:
Provided further, That there shall be available for fixed
guideway modernization, $1,307,473,000; there shall be
available for the replacement, rehabilitation, and purchase
of buses and related equipment and the construction of bus-
related facilities, $796,977,000, and there shall be
available for new fixed guideway systems $1,386,522,000, to
be available as follows:
Alaska and Hawaii ferry projects, $10,296,000;
Baltimore Central Light Rail Double Track Project,
Maryland, $12,420,000;
Central Phoenix/East Valley LRT, Arizona, $90,000,000;
Charlotte South Corridor Light Rail Project, North
Carolina, $55,000,000;
City of Miami Streetcar, Florida, $2,000,000;
City of Rock Hill Trolley Study, South Carolina, $400,000;
Commuter Rail, Albuquerque to Santa Fe, New Mexico,
$500,000;
Commuter Rail, Utah, $9,000,000;
CORRIDORone Regional Rail Project, Pennsylvania,
$1,500,000;
CTA Douglas Blue Line, Illinois, $45,150,000;
CTA Ravenswood Brown Line, Illinois, $40,000,000;
Dallas Northwest/Southeast Light Rail MOS, Texas,
$12,000,000;
Dulles Corridor Rapid Transit Project, Virginia,
$26,000,000;
East Corridor Commuter Rail, Nashville, Tennessee,
$6,000,000;
East Side Access Project, New York, $340,000,000;
Euclid Corridor Transportation Project, Ohio, $24,774,513;
Gainesville-Haymarket VRE Service Extension, Virginia,
$1,450,000;
Hartford-New Britain Busway, Connecticut, $6,000,000;
Hudson-Bergen Light Rail MOS 2, New Jersey, $100,000,000;
Kansas City, MO, Southtown BRT, $12,300,000;
Metra, Illinois, $42,180,000;
Metro Gold Line Eastside Light Rail Extension, California,
$80,000,000;
Houston METRO, Texas, $12,000,000;
Mid-Coast Light Rail Transit Extension, California,
$7,160,000;
Mid-Jordan Light Rail Transit Line, Utah, $500,000;
Mission Valley East, California, $7,700,000;
New Jersey Trans-Hudson Midtown Corridor, New Jersey,
$3,315,000;
North Corridor Interstate MAX Light Rail Project, Oregon,
$18,110,000;
North Shore Connector, Pennsylvania, $55,000,000;
Northeast Corridor Commuter Rail Project, Delaware,
$1,425,000;
Northstar Corridor Commuter Rail Project, Minnesota,
$2,000,000;
Oceanside Escondido Rail Project, California, $12,210,000;
Regional Fixed Guideway Project, Nevada, $3,000,000;
Rhode Island Integrated Commuter Rail Project, Rhode
Island, $6,000,000;
San Francisco BART Extension to San Francisco International
Airport, California, $81,860,000;
San Francisco Muni Third Street Light Rail Project,
California, $10,000,000;
San Juan Tren Urbano, Puerto Rico, $10,200,000;
Schuylkill Valley Metro, Pennsylvania, $2,000,000;
Seattle Sound Transit, Washington, $80,000,000;
Second Avenue Subway, New York, $25,000,000;
Silicon Valley Rapid Transit Corridor Project, Santa Clara
County, California, $5,000,000;
Silver Line Phase III, Massachusetts, $4,000,000;
Sounder Commuter Rail, Washington, $5,000,000;
Southeast Corridor Multi-Modal Project (T-REX), Colorado,
$80,000,000;
Triangle Transit Authority Regional Rail System (Raleigh-
Durham), North Carolina, $18,000,000;
Washington County Commuter Rail Project, Oregon,
$15,000,000;
West Corridor Light Rail, Colorado, $5,000,000.
Job Access and Reverse Commute Grants
For necessary expenses to carry out section 3037 of the
Federal Transit Act of 1998, $20,541,000, to remain available
until expended: Provided, That no more than $121,833,000 of
budget authority shall be available for these purposes:
Provided further, That up to $300,000 of the funds provided
under this heading may be used by the Federal Transit
Administration for technical assistance and support and
performance reviews of the Job Access and Reverse Commute
Grants program.
Administrative Provisions--Federal Transit Administration
Sec. 150. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 151. Notwithstanding any other provision of law, and
except for fixed guideway modernization projects, funds made
available by this Act under ``Federal Transit Administration,
Capital investment grants'' for projects specified in this
Act or identified in reports accompanying this Act not
obligated by September 30, 2008, and other recoveries, shall
be made available for other projects under 49 U.S.C. 5309.
Sec. 152. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2005, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 153. Notwithstanding any other provision of law, any
Office of Management and Budget Circular or any policy,
directive, or regulation, funds made available from the Mass
Transit Account of the Highway Trust Fund in this Act may not
be deposited in the General Fund of the United States
Treasury: Provided, That obligations incurred to carry out
any Federal Transit program, project or activity shall be
liquidated first from amounts appropriated for that program,
project or activity from the General Fund of the United
States Treasury until the appropriated amount is depleted.
Sec. 154. Notwithstanding any other provision of law,
unobligated funds made available for a new fixed guideway
systems projects under the heading ``Federal Transit
Administration, Capital Investment Grants'' in any
appropriations Act prior to this Act may be used during this
fiscal year to satisfy expenses incurred for such projects.
Sec. 155. Funds made available for Alaska or Hawaii ferry
boats or ferry terminal facilities pursuant to 49 U.S.C.
5309(m)(2)(B) may be used to construct new vessels and
facilities, or to improve existing vessels and facilities,
including both the passenger and vehicle-related elements of
such vessels and facilities, and for repair facilities:
Provided, That not more than $3,000,000 of the funds made
available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by
the State of Hawaii to initiate and operate a passenger
ferryboat services demonstration project to test the
viability of different intra-island and inter-island ferry
boat routes and technology: Provided further, That
notwithstanding 49 U.S.C. 5302(a)(7), funds made available
for Alaska or Hawaii ferry boats may be used to acquire
passenger ferry boats and to provide passenger ferry
transportation services within areas of the State of Hawaii
under the control or use of the National Park Service.
Sec. 156. Amounts made available from the bus category of
the Capital Investment Grants Account or Discretionary Grants
Account in this or any other previous Appropriations Act that
remain unobligated or unexpended in a grant for a multimodal
transportation facility in Burlington, Vermont, may be used
for site-preparation and design purposes of a multimodal
transportation facility in a different location within
Burlington, Vermont, than originally intended notwithstanding
previous expenditures incurred such purposes at the original
location.
Sec. 157. Notwithstanding any other provision of law, funds
designated in the conference report accompanying Public Law
108-447 and Public Law 108-199 for the King County Metro Park
and Ride on First Hill, Seattle, Washington, shall be
available to the Swedish Hospital parking garage, Seattle,
Washington, subject to the same conditions and requirements
of Section 125 of Division H of Public Law 108-447.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as amended (31 U.S.C. 9101-9110), as may be necessary in
carrying out the programs set forth in the Corporation's
budget for the current fiscal year.
[[Page S11382]]
Operations and Maintenance
(harbor maintenance trust fund)
For necessary expenses for operations and maintenance of
those portions of the Saint Lawrence Seaway operated and
maintained by the Saint Lawrence Seaway Development
Corporation, $16,284,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662.
Maritime Administration
Maritime Security Program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $156,000,000, to remain available until
expended.
Operations and Training
For necessary expenses of operations and training
activities authorized by law, $118,649,000 of which
$23,750,000 shall remain available until September 30, 2006,
for salaries and benefits of employees of the United States
Merchant Marine Academy; of which $13,033,000 shall remain
available until expended for capital improvements at the
United States Merchant Marine Academy; and of which
$8,211,000 shall remain available until expended for the
State Maritime Schools Schoolship Maintenance and Repair.
Ship Disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $21,000,000, to remain available until
expended.
Maritime Guaranteed Loan (Title XI) Program Account
(including transfer of funds)
For administrative expenses to carry out the guaranteed
loan program, not to exceed $4,726,000, which shall be
transferred to and merged with the appropriation for
Operations and Training.
National Defense Tank Vessel Construction Program
For necessary expenses to carry out the program of
financial assistance for the construction of new product tank
vessels as authorized by section 53101 of title 46, United
States Code, as amended, $25,000,000, to remain available
until expended.
Ship Construction
(rescission)
Of the unobligated balances available under this heading,
$2,071,280 are rescinded.
Administrative Provisions--Maritime Administration
Sec. 160. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish
utilities and services and make necessary repairs in
connection with any lease, contract, or occupancy involving
Government property under control of the Maritime
Administration, and payments received therefore shall be
credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease,
contract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as
miscellaneous receipts.
Sec. 161. No obligations shall be incurred during the
current fiscal year from the construction fund established by
the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.),
or otherwise, in excess of the appropriations and limitations
contained in this Act or in any prior appropriations Act.
Pipeline and Hazardous Materials Safety Administration
Administrative Expenses
For necessary administrative expenses of the Pipeline and
Hazardous Materials Safety Administration, $16,877,000, of
which $645,000 shall be derived from the Pipeline Safety
Fund.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $26,138,000, of which $1,847,000 shall
remain available until September 30, 2008: Provided, That up
to $1,200,000 in fees collected under 49 U.S.C. 5108(g) shall
be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be
credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in
performance of hazardous materials exemptions and approvals
functions.
Pipeline Safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the
Oil Pollution Act of 1990 (Public Law 101-380), $73,165,000,
of which $15,000,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until
September 30, 2008; of which $58,165,000 shall be derived
from the Pipeline Safety Fund, of which $24,000,000 shall
remain available until September 30, 2008: Provided, That not
less than $1,000,000 of the funds provided under this heading
shall be for the one-call State grant program.
Emergency Preparedness Grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5127(c),
$200,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2007: Provided, That
not more than $14,300,000 shall be made available for
obligation in fiscal year 2006 from amounts made available by
49 U.S.C. 5116(i) and 5127(d): Provided further, That none of
the funds made available by 49 U.S.C. 5116(i), 5127(c), and
5127(d) shall be made available for obligation by individuals
other than the Secretary of Transportation, or his designee.
Research and Innovative Technology Administration
Research and Development
For necessary expenses of the Research and Innovative
Technology Administration, $4,326,000, of which $1,000,000
shall remain available until September 30, 2008: Provided,
That there may be credited to this appropriation, to be
available until expended, funds received from States,
counties, municipalities, other public authorities, and
private sources for expenses incurred for training.
Office of Inspector General
Salaries and Expenses
For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $62,499,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out
the duties specified in the Inspector General Act, as amended
(5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the Department: Provided further, That the funds made
available under this heading shall be used to investigate,
pursuant to section 41712 of title 49, United States Code:
(1) unfair or deceptive practices and unfair methods of
competition by domestic and foreign air carriers and ticket
agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.
Surface Transportation Board
Salaries and Expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $24,388,000:
Provided, That notwithstanding any other provision of law,
not to exceed $1,250,000 from fees established by the
Chairman of the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and
used for necessary and authorized expenses under this
heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2006, to result in a final appropriation from the
general fund estimated at no more than $23,138,000.
Administrative Provisions--Department of Transportation
(including transfers of funds)
Sec. 170. During the current fiscal year applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 171. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 172. None of the funds in this Act shall be available
for salaries and expenses of more than 109 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this
provision may be assigned on temporary detail outside the
Department of Transportation.
Sec. 173. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Sec. 174. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
Sec. 175. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training may be credited
respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account, the Federal Transit
Administration's ``Transit Planning and Research'' account,
and to the Federal Railroad Administration's ``Safety and
Operations'' account, except for State rail safety inspectors
participating in training pursuant to 49 U.S.C. 20105.
Sec. 176. Notwithstanding any other provisions of law, rule
or regulation, the Secretary of Transportation is authorized
to allow the issuer of any preferred stock heretofore sold to
the Department to redeem or repurchase such stock upon the
payment to the Department of an amount determined by the
Secretary.
Sec. 177. None of the funds in this Act to the Department
of Transportation may be used to make a grant unless the
Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business
days before any discretionary grant award, letter of intent,
or full funding grant agreement totaling $1,000,000 or more
is announced by the department or its modal administrations
from: (1) any discretionary grant program of the Federal
Highway Administration other than the emergency relief
program; (2) the airport improvement program of the Federal
Aviation Administration; or (3) any program of the Federal
[[Page S11383]]
Transit Administration other than the formula grants and
fixed guideway modernization programs: Provided, That no
notification shall involve funds that are not available for
obligation.
Sec. 178. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 179. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments: Provided, That amounts in excess of that
required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts:
Provided, That prior to the transfer of any such recovery to
an appropriations account, the Secretary shall notify the
House and Senate Committees on Appropriations of the amount
and reasons for such transfer: Provided further, That for
purposes of this section, the term ``improper payments'', has
the same meaning as that provided in section 2(d)(2) of
Public Law 107-300.
Sec. 180. The Secretary of Transportation is authorized to
transfer the unexpended balances available for the bonding
assistance program from ``Office of the Secretary, Salaries
and expenses'' to ``Minority Business Outreach''.
Sec. 181. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 182. Funds provided in this Act for the Working
Capital Fund shall be reduced by $1,000,000, which limits
fiscal year 2006 Working Capital Fund obligational authority
for elements of the Department of Transportation funded in
this Act to no more than $119,014,000: Provided, That such
reductions from the budget request shall be allocated by the
Department of Transportation to each appropriations account
in proportion to the amount included in each account for the
Working Capital Fund.
Sec. 183. For the purpose of any applicable law, for fiscal
years 2004 and 2005, the city of Norman, Oklahoma, shall be
considered to be part of the Oklahoma City urbanized area.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2006''.
TITLE II--DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and Expenses
(including transfer of funds)
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business, $197,591,000, of which not to exceed $8,642,366 is
for executive direction program activities; not to exceed
$7,851,946 is for general counsel program activities; not to
exceed $32,010,626 is for economic policies and programs
activities; not to exceed $27,220,470 is for financial
policies and programs activities; not to exceed $39,938,449
is for financial crimes policies and programs activities; not
to exceed $16,843,447 is for Treasury-wide management
policies and programs activities; and not to exceed
$65,083,696 is for administration programs activities:
Provided, That of the amount appropriated for financial
crimes policies and programs activities, $22,032,016 is for
the Office of Foreign Assets Control and shall support no
less than 125 full time equivalent positions: Provided
further, That the Secretary of the Treasury is authorized to
transfer funds appropriated for any program activity of the
Departmental Offices to any other program activity of the
Departmental Offices upon notification to the House and
Senate Committees on Appropriations: Provided further, That
no appropriation for any program activity shall be increased
or decreased by more than 2.5 percent by all such transfers:
Provided further, That any change in funding greater than 2.5
percent shall be submitted for approval to the House and
Senate Committees on Appropriations: Provided further, That
of the amount appropriated under this heading, not to exceed
$3,000,000, to remain available until September 30, 2007, for
information technology modernization requirements; not to
exceed $100,000 for official reception and representation
expenses; and not to exceed $258,000 for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury
and to be accounted for solely on his certificate: Provided
further, That of the amount appropriated under this heading,
$5,173,000, to remain available until September 30, 2007, is
for the Treasury-wide Financial Statement Audit Program, of
which such amounts as may be necessary may be transferred to
accounts of the Department's offices and bureaus to conduct
audits: Provided further, That this transfer authority shall
be in addition to any other provided in this Act.
Department-Wide Systems and Capital Investments Programs
(including transfer of funds)
For development and acquisition of automatic data
processing equipment, software, and services for the
Department of the Treasury, $24,412,000, to remain available
until September 30, 2008: Provided, That these funds shall be
transferred to accounts and in amounts as necessary to
satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this
transfer authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated shall be used to support or
supplement ``Internal Revenue Service, Information Systems''
or ``Internal Revenue Service, Business Systems
Modernization''.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, not to exceed $2,000,000 for official
travel expenses, including hire of passenger motor vehicles;
and not to exceed $100,000 for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Inspector General of the Treasury,
$16,722,000, of which not to exceed $2,500 shall be available
for official reception and representation expenses.
Treasury Inspector General for Tax Administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase (not to exceed
150 for replacement only for police-type use) and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); services
authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Inspector General for Tax
Administration; not to exceed $6,000,000 for official travel
expenses; and not to exceed $500,000 for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration, $133,286,000; and of which not to exceed
$1,500 shall be available for official reception and
representation expenses.
Air Transportation Stabilization Program Account
For necessary expenses to administer the Air Transportation
Stabilization Board established by section 102 of the Air
Transportation Safety and System Stabilization Act (Public
Law 107-42), $2,942,000.
Treasury Building and Annex Repair and Restoration
For the repair, alteration, and improvement of the Treasury
Building and Annex, $10,000,000, to remain available until
September 30, 2008.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
expenses of non-Federal law enforcement personnel to attend
meetings concerned with financial intelligence activities,
law enforcement, and financial regulation; not to exceed
$14,000 for official reception and representation expenses;
and for assistance to Federal law enforcement agencies, with
or without reimbursement, $73,630,000 of which not to exceed
$6,944,000 shall remain available until September 30, 2008;
and of which $8,521,000 shall remain available until
September 30, 2007: Provided, That funds appropriated in this
account may be used to procure personal services contracts.
Financial Management Service
Salaries and Expenses
For necessary expenses of the Financial Management Service,
$236,243,000, of which not to exceed $9,220,000 shall remain
available until September 30, 2008, for information systems
modernization initiatives; and of which not to exceed $2,500
shall be available for official reception and representation
expenses.
Alcohol and Tobacco Tax and Trade Bureau
Salaries and Expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $91,126,000; of which not to exceed $6,000
for official reception and representation expenses; not to
exceed $50,000 for cooperative research and development
programs for laboratory services; and provision of laboratory
assistance to State and local agencies with or without
reimbursement.
Bureau of the Public Debt
Administering the Public Debt
For necessary expenses connected with any public-debt
issues of the United States, $179,923,000, of which not to
exceed $2,500 shall be available for official reception and
representation expenses, and of which not to exceed
$2,000,000 shall remain available until expended for systems
modernization: Provided, That the sum appropriated herein
from the General Fund for fiscal year 2006 shall be reduced
by not more than $3,000,000 as definitive security issue fees
and Treasury Direct Investor Account Maintenance fees are
collected, so as to result in a final
[[Page S11384]]
fiscal year 2006 appropriation from the General Fund
estimated at $176,923,000. In addition, $70,000 to be derived
from the Oil Spill Liability Trust Fund to reimburse the
Bureau for administrative and personnel expenses for
financial management of the Fund, as authorized by section
1012 of Public Law 101-380.
Community Development Financial Institutions Fund
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and
Financial Institutions Act of 1994 (Public Law 103-325),
including services authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to
the rate for ES-3, $55,000,000, to remain available until
September 30, 2007, of which $4,000,000 shall be for
financial assistance, technical assistance, training and
outreach programs designed to benefit Native American, Native
Hawaiian, and Alaskan Native communities and provided
primarily through qualified community development lender
organizations with experience and expertise in community
development banking and lending in Indian country, Native
American organizations, tribes and tribal organizations and
other suitable providers, and up to $13,500,000 may be used
for administrative expenses, including administration of the
New Markets Tax Credit, up to $6,000,000 may be used for the
cost of direct loans, and up to $250,000 may be used for
administrative expenses to carry out the direct loan program:
Provided, That the cost of direct loans, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans not to
exceed $11,000,000.
United States Mint
United States Mint Public Enterprise Fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments. The aggregate amount of new liabilities
and obligations incurred during fiscal year 2006 under such
section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not
exceed $36,900,000.
Internal Revenue Service
Processing, Assistance, and Management
For necessary expenses of the Internal Revenue Service for
pre-filing taxpayer assistance and education, filing and
account services, shared services support, general management
and administration; and services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commissioner,
$4,136,578,000, of which up to $4,100,000 shall be for the
Tax Counseling for the Elderly Program, of which $8,000,000
shall be available for low-income taxpayer clinic grants, and
of which not to exceed $25,000 shall be for official
reception and representation expenses.
Tax Law Enforcement
(including transfer of funds)
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing
litigation support; conducting criminal investigation and
enforcement activities; securing unfiled tax returns;
collecting unpaid accounts; conducting a document matching
program; resolving taxpayer problems through prompt
identification, referral and settlement; expanded customer
service and public outreach programs, strengthened
enforcement activities, and enhanced research efforts to
reduce erroneous filings associated with the earned income
tax credit; compiling statistics of income and conducting
compliance research; purchase (for police-type use, not to
exceed 850) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$4,725,756,000, of which not to exceed $1,000,000 shall
remain available until September 30, 2008, for research:
Provided, That up to $10,000,000 may be transferred as
necessary from this account to the IRS Processing,
Assistance, and Management appropriation or the IRS
Information Systems appropriation solely for the purposes of
management of the Earned Income Tax Credit compliance program
and to reimburse the Social Security Administration for the
cost of implementing section 1090 of the Taxpayer Relief Act
of 1997 (Public Law 105-33): Provided further, That this
transfer authority shall be in addition to any other transfer
authority provided in this Act.
Information Systems
For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information
systems; the hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$1,597,717,000, of which $75,000,000 shall remain available
until September 30, 2007.
Business Systems Modernization
For necessary expenses of the Internal Revenue Service,
$199,000,000, to remain available until September 30, 2008,
for the capital asset acquisition of information technology
systems, including management and related contractual costs
of said acquisitions, including contractual costs associated
with operations authorized by 5 U.S.C. 3109: Provided, That
none of these funds may be obligated until the Internal
Revenue Service submits to the Committees on Appropriations,
and such Committees approve, a plan for expenditure that: (1)
meets the capital planning and investment control review
requirements established by the Office of Management and
Budget, including Circular A-11; (2) complies with the
Internal Revenue Service's enterprise architecture, including
the modernization blueprint; (3) conforms with the Internal
Revenue Service's enterprise life cycle methodology; (4) is
approved by the Internal Revenue Service, the Department of
the Treasury, and the Office of Management and Budget; (5)
has been reviewed by the Government Accountability Office;
and (6) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Federal Government.
Health Insurance Tax Credit Administration
For expenses necessary to implement the health insurance
tax credit included in the Trade Act of 2002 (Public Law 107-
210), $20,210,000.
Administrative Provisions--Internal Revenue Service
(including transfer of funds)
Sec. 200. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not
to exceed 3 percent of appropriations under the heading ``Tax
Law Enforcement'' may be transferred to any other Internal
Revenue Service appropriation upon the advance approval of
the Committees on Appropriations.
Sec. 201. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers' rights, in dealing
courteously with the taxpayers, and in cross-cultural
relations.
Sec. 202. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information.
Sec. 203. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased manpower to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make the improvement of the
Internal Revenue Service 1-800 help line service a priority
and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line
service.
Sec. 204. None of the funds made available in this Act may
be used to reduce taxpayer services until the Treasury
Inspector General for Tax Administration completes a study
detailing the impact of the IRS's reductions on taxpayer
compliance and taxpayer services, and the IRS's plans for
providing adequate alternative services, and submits such
study to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 205. Of the funds made available by this Act to the
Internal Revenue Service, not less than $6,447,000,000 shall
be available only for tax enforcement. In addition, of the
funds made available by this Act to the Internal Revenue
Service, and subject to the same terms and conditions,
$446,000,000 shall be available for enhanced tax enforcement.
Sec. 206. Not later than 90 days after the date of
enactment of this Act, the IRS Commissioner shall submit a
report to the Committees on Appropriations of the House of
Representatives and the Senate on tax enforcement, which
includes estimates for the entire tax enforcement program and
for the tax enforcement initiative of tax enforcement
spending, tax enforcement workload indicators, direct tax
enforcement revenue, and an explanation of the methodology
and accuracy of the estimates provided.
Sec. 207. Of the funds made available by this Act to the
Internal Revenue Service, not less than $166,249,000 shall be
available for operating expenses of the Taxpayer Advocate
Service.
Sec. 208. The Internal Revenue Service shall submit its
fiscal year 2007 congressional budget justifications to the
Committees on Appropriations of the House of Representatives
and the Senate using the identical structure provided under
this Act and only in accordance with the direction specified
in the report accompanying this Act.
Sec. 209. Section 3 under the heading ``Administrative
Provisions--Internal Revenue Service'' of title I of Public
Law 103-329 is amended by striking the last proviso.
Administrative Provisions--Department of the Treasury
(including transfer of funds)
Sec. 210. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 211. Not to exceed 2 percent of any appropriations in
this Act made available to the Departmental Offices--Salaries
and Expenses, Office of Inspector General, Financial
Management Service, Alcohol and Tobacco Tax and Trade Bureau,
Financial Crimes Enforcement Network, and Bureau of the
Public Debt, may be transferred between such appropriations
upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or
decrease any such appropriation by more than 2 percent.
Sec. 212. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to
[[Page S11385]]
the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or
decrease any such appropriation by more than 2 percent.
Sec. 213. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the
Secretary of the Treasury certifies that the purchase by the
respective Treasury bureau is consistent with Departmental
vehicle management principles: Provided, That the Secretary
may delegate this authority to the Assistant Secretary for
Management.
Sec. 214. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 215. The Secretary of the Treasury may transfer funds
from Financial Management Services, Salaries and Expenses to
Debt Collection Fund as necessary to cover the costs of debt
collection: Provided, That such amounts shall be reimbursed
to such salaries and expenses account from debt collections
received in the Debt Collection Fund.
Sec. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C.
3104 note), is further amended by striking ``7 years'' and
inserting ``8 years''.
Sec. 217. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the House Committee on Financial
Services and the Senate Committee on Banking, Housing, and
Urban Affairs.
Sec. 218. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; the House Committee on Appropriations; and
the Senate Committee on Appropriations.
Sec. 219. Not later than 60 days after enactment of this
Act, the Secretary of the Treasury shall submit to the
Committees on Appropriations a report describing how
statutory provisions addressing currency manipulation by
America's trading partners contained in, and relating to,
title 22 U.S.C. 5304, 5305, and 286y can be better clarified
administratively to provide for improved and more predictable
evaluation, and to enable the problem of currency
manipulation to be better understood by the American people
and the Congress.
Sec. 220. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Secretary
of the Treasury may be expended to develop, study, or
implement any plan to reallocate the resources of, or merge
the Financial Crimes Enforcement Network into the
Departmental Offices--Salaries and Expenses, or any other
office within the Department of the Treasury.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2006''.
TITLE III--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
Tenant-Based Rental Assistance
(including transfers of funds)
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$15,636,064,000, to remain available until expended, of which
$11,436,064,000 shall be available on October 1, 2005 and
$4,200,000,000 shall be available on October 1, 2006:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $14,089,756,000 for renewals of expiring section 8
tenant-based annual contributions contracts (including
renewals of enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act):
Provided, That notwithstanding any other provision of law,
from amounts provided under this paragraph, the Secretary for
the calendar year 2006 funding cycle shall provide renewal
funding for each public housing agency based verified voucher
management system (VMS) lease and cost data for the most
recent 12 months for which data are available, prior to
prorations, and by applying the 2006 Annual Adjustment Factor
as established by the Secretary, and by making any necessary
adjustments for the costs associated with the first-time
renewal of tenant protection or HOPE VI vouchers: Provided
further, That the Secretary shall, to the extent necessary to
stay within the amount provided under this paragraph, pro
rate each public housing agency's allocation otherwise
established pursuant to this paragraph: Provided further,
That the entire amount provided under this paragraph shall be
obligated to the public housing agencies based on the
allocation and pro rata method described above: Provided
further, That public housing agencies participating in the
Moving to Work demonstration shall be funded pursuant to
their Moving to Work agreements and shall be subject to the
same pro rata adjustments under the previous proviso:
Provided further, That up to $45,000,000 shall be available
only (1) to adjust the allocations for public housing
agencies, after application for an adjustment by a public
housing agency and verification by HUD, whose allocation
under this heading for contract renewals for the calendar
year 2005 funding cycle were based on verified VSM leasing
and cost data averaged for the months of May, June, and July
of 2004 and solely because of temporarily low leasing levels
during the 3-month period did not accurately reflect leasing
levels and costs for the 2004 fiscal year of the agencies,
and (2) for adjustments for public housing agencies that
experienced a significant increase, as determined by the
Secretary, in renewal costs resulting from portability under
section 8(r) of the United States Housing Act of 1937 of
tenant-based rental assistance: Provided further, That none
of the funds provided in this paragraph may be used to
support a total number of unit months under lease which
exceeds a public housing agency's authorized level of units
under contract;
(2) $192,000,000 for section 8 rental assistance for
relocation and replacement of housing units that are
demolished or disposed of pursuant to the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134), conversion of section 23 projects to
assistance under section 8, the family unification program
under section 8(x) of the Act, relocation of witnesses in
connection with efforts to combat crime in public and
assisted housing pursuant to a request from a law enforcement
or prosecution agency, enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act, HOPE VI vouchers, mandatory and voluntary conversions,
and tenant protection assistance including replacement and
relocation assistance: Provided, That no more than
$12,000,000 can be used for section 8 assistance to cover the
cost of judgments and settlement agreements;
(3) $48,000,000 for family self-sufficiency coordinators
under section 23 of the Act;
(4) $5,900,000 shall be transferred to the Working Capital
Fund;
(5) $1,295,408,000 for administrative and other expenses of
public housing agencies in administering the section 8
tenant-based rental assistance program, of which up to
$10,000,000 shall be available to the Secretary to allocate
to public housing agencies that need additional funds to
administer their section 8 programs: Provided, That
$1,271,000,000 of the amount provided in this paragraph shall
be allocated for the calendar year 2006 funding cycle on a
pro rata basis to public housing agencies based on the amount
public housing agencies were eligible to receive in calendar
year 2005: Provided further, That all amounts provided under
this paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized under
section 8 including related development activities; and
(6) $5,000,000 shall be transferred to the Affordable
Housing and Economic Development Technical Assistance Board.
Housing Certificate Fund
(rescission)
Of the unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading or the heading ``Annual contributions for assisted
housing'' for fiscal year 2005 and prior years,
$1,500,000,000 are rescinded, to be effected by the Secretary
no later than September 30, 2006: Provided, That, to the
extent there are not adequate funds for the rescission from
said unobligated balances under the headings ``Housing
Certificate Fund'' or ``Annual Contribution for Assisted
Housing'', additional funds shall first be rescinded of up to
10 percent of the funding available under the heading of
``Salaries and Expenses'' in title III and funding available
under the heading of ``Office of Management and Budget'' in
title V: Provided further, That should additional funds be
needed once the aforementioned rescissions are effectuated to
meet the requirements of this paragraph, then, and only then,
shall additional funds needed for the rescission be derived
from any unobligated funds under any heading under title III:
Provided further, That any such balances governed by
reallocation provisions under the statute authorizing the
program for which the funds were originally appropriated
shall be available for the rescission: Provided further, That
any obligated balances of contract authority from fiscal year
1974 and prior that have been terminated shall be cancelled:
Provided further, That no amounts recaptured from amounts
appropriated in prior years under this heading or the heading
``Annual contributions for assisted housing'' and no
carryover of such appropriated amounts for project-based
assistance shall be available for the calendar year 2006
funding cycle for activities provided for under the heading
``Tenant-based rental assistance''.
Project-Based Rental Assistance
(including transfer of funds)
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937, as amended (42 U.S.C. 1437 et seq.) (``the Act''
herein), not otherwise provided for, $5,072,100,000, to
remain available until expended: Provided, That the amounts
made available under this heading are provided as follows:
(1) $4,918,100,000 for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into
pursuant to section 441 of the McKinney-Vento Homeless
Assistance Act, for renewal of section 8 contracts for units
in projects that are subject to approved plans of action
under the Emergency Low Income Housing Preservation Act of
1987 or the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and
assistance funded under this paragraph.
(2) up to $147,200,000 for performance-based contract
administrators for section 8 project-
[[Page S11386]]
based assistance with any unused funds available to preserve
section 8 housing.
(3) $1,800,000 shall be transferred to the Working Capital
Fund: Provided further, That amounts recaptured under this
heading, the heading, ``Annual Contributions for Assisted
Housing'', or the heading, ``Housing Certificate Fund'', for
project-based section 8 activities may be used for renewals
of or amendments to section 8 project-based subsidy contracts
or for performance-based contract administrators,
notwithstanding the purposes for which such amounts were
appropriated.
(4) amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'' may be used for renewals of or
amendments to section 8 project-based contracts,
notwithstanding the purposes for which such amounts were
appropriated.
(5) $5,000,000 shall be transferred to the Affordable
Housing and Economic Development Technical Assistance Board.
Public Housing Capital Fund
(including transfers of funds)
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937, as amended (42 U.S.C. 1437g) (the
``Act'') $2,327,200,000, to remain available until September
30, 2009: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2006, the Secretary
may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and
Indian Housing any authority under paragraph (2) of section
9(j) regarding the extension of the time periods under such
section: Provided further, That for purposes of such section
9(j), the term ``obligate'' means, with respect to amounts,
that the amounts are subject to a binding agreement that will
result in outlays, immediately or in the future: Provided
further, That of the total amount provided under this
heading, up to $11,000,000 shall be for carrying out
activities under section 9(h) of such Act: Provided further,
That $13,230,000 shall be transferred to the Working Capital
Fund: Provided further, That no funds may be used under this
heading for the purposes specified in section 9(k) of the
United States Housing Act of 1937, as amended: Provided
further, That of the total amount provided under this
heading, up to $17,000,000 shall be available for the
Secretary of Housing and Urban Development to make grants,
notwithstanding section 205 of this Act, to public housing
agencies for emergency capital needs resulting from
unforeseen emergencies and natural disasters occurring in
fiscal year 2006: Provided further, That of the total amount
provided under this heading, $45,000,000 shall be for
supportive services, service coordinators and congregate
services as authorized by section 34 of the Act and the
Native American Housing Assistance and Self-Determination Act
of 1996: Provided further, That of the total amount provided
under this heading up to $8,820,000 is to support the costs
of administrative and judicial receiverships: Provided
further, That of the total amount provided under this heading
up to $20,000,000 shall be available for the demolition,
relocation, and site remediation of obsolete and severely
distressed public housing units: Provided further, That of
the total amount provided under this heading, $15,000,000
shall be for Neighborhood Networks grants for activities
authorized in section 9(d)(1)(E) of the United States Housing
Act of 1937, as amended, of which up to $1,000,000 may be
used for technical assistance in connection with such grants
as authorized in section 9(h)(8) of such Act: Provided
further, That notwithstanding any other provision of law,
amounts made available in the previous proviso shall be
awarded to public housing agencies on a competitive basis:
Provided further, That notwithstanding section 9(d)(1)(E) of
the United States Housing Act of 1937, any Neighborhood
Networks computer center established with funding made
available under this heading in this or any other Act, shall
be available for use by residents of public housing and
residents of other housing assisted with funding made
available under this title in this Act or any other Act.
Public Housing Operating Fund
(Includes Transfer of Funds)
For 2006 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937, as
amended (42 U.S.C. 1437g(e)), $3,557,300,000: Provided, That
for fiscal year 2006 and all fiscal years thereafter, the
Secretary shall provide assistance under this heading to
public housing agencies on a calendar year basis: Provided
further, That, in fiscal year 2006 and all fiscal years
hereafter, no amounts under this heading in any
appropriations Act may be used for payments to public housing
agencies for the costs of operation and management of public
housing for any year prior to the current year of such Act:
Provided further, That no funds may be used under this
heading for the purposes specified in section 9(k) of the
United States Housing Act of 1937, as amended: Provided
further, That of the total amount provided under this heading
$5,000,000 shall be transferred to the Affordable Housing and
Economic Development Technical Assistance Board.
Revitalization of Severely Distressed Public Housing (Hope VI)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based
assistance grants to projects as authorized by section 24 of
the United States Housing Act of 1937, as amended,
$150,000,000, to remain available until September 30, 2007,
of which the Secretary may use up to $4,000,000 for technical
assistance and contract expertise, to be provided directly or
indirectly by grants, contracts or cooperative agreements,
including training and cost of necessary travel for
participants in such training, by or to officials and
employees of the department and of public housing agencies
and to residents: Provided, That none of such funds shall be
used directly or indirectly by granting competitive advantage
in awards to settle litigation or pay judgments, unless
expressly permitted herein.
Native American Housing Block Grants
(including transfers of funds)
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $622,000,000, to remain available until
expended, of which $2,200,000 shall be contracted through the
Secretary as technical assistance and capacity building to be
used by the National American Indian Housing Council in
support of the implementation of NAHASDA; of which $4,500,000
shall be to support the inspection of Indian housing units,
contract expertise, training, and technical assistance in the
training, oversight, and management of Indian housing and
tenant-based assistance, including up to $300,000 for related
travel; and of which $2,600,000 shall be transferred to the
Working Capital Fund: Provided, That of the amount provided
under this heading, $2,000,000 shall be made available for
the cost of guaranteed notes and other obligations, as
authorized by title VI of NAHASDA: Provided further, That
such costs, including the costs of modifying such notes and
other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the
total principal amount of any notes and other obligations,
any part of which is to be guaranteed, not to exceed
$17,926,000: Provided further, That for administrative
expenses to carry out the guaranteed loan program, up to
$150,000 from amounts in the first proviso, which shall be
transferred to and merged with the appropriation for
``Salaries and Expenses'', to be used only for the
administrative costs of these guarantees: Provided further,
That of the total amount provided under this heading
$5,000,000 shall be transferred to the Affordable Housing and
Economic Development Technical Assistance Board.
Indian Housing Loan Guarantee Fund Program Account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $5,000,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $145,345,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $250,000 from amounts in the
first paragraph shall be transferred to and merged with the
appropriation for ``Salaries and Expenses'', to be used only
for the administrative costs of these guarantees.
Native Hawaiian Housing Loan Guarantee Fund Program Account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13b), $1,000,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $37,403,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the
first paragraph shall be transferred to and merged with the
appropriation for ``Salaries and Expenses'', to be used only
for the administrative costs of these guarantees.
Community Planning and Development
Housing Opportunities for Persons With AIDS
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $287,000,000, to remain
available until September 30, 2007, except that amounts
allocated pursuant to section 854(c)(3) of such Act shall
remain available until September 30, 2008: Provided, That the
Secretary shall renew all expiring contracts for permanent
supportive housing that were funded under section 854(c)(3)
of such Act that meet all program requirements before
awarding funds for new contracts and activities authorized
under this section: Provided further, That the Secretary may
use up to $2,200,000 of the funds under this heading for
training, oversight, and technical assistance activities.
Rural Housing and Economic Development
For the Office of Rural Housing and Economic Development in
the Department of Housing and Urban Development, $24,000,000
to remain available until expended, which amount shall be
competitively awarded by September 1, 2006, to Indian tribes,
State housing finance agencies, State community and/or
economic development agencies, local rural nonprofits and
community development corporations to support innovative
housing and economic development activities in rural areas.
Community Development Fund
(including transfers of funds)
For assistance to units of State and local government, and
to other entities, for economic and
[[Page S11387]]
community development activities, and for other purposes,
$4,323,610,000, to remain available until September 30, 2008,
unless otherwise specified: Provided, That of the amount
provided, $3,767,410,000 is for carrying out the community
development block grant program under title I of the Housing
and Community Development Act of 1974, as amended (the
``Act'' herein) (42 U.S.C. 5301 et seq.): Provided further,
That unless explicitly provided for under this heading
(except for planning grants provided in the third paragraph
and amounts made available in the second paragraph), not to
exceed 20 percent of any grant made with funds appropriated
under this heading (other than a grant made available in this
paragraph to the Housing Assistance Council or the National
American Indian Housing Council, or a grant using funds under
section 107(b)(3) of the Act) shall be expended for planning
and management development and administration: Provided
further, That $69,000,000 shall be for grants to Indian
tribes notwithstanding section 106(a)(1) of such Act, of
which, notwithstanding any other provision of law (including
section 205 of this Act), up to $4,000,000 may be used for
emergencies that constitute imminent threats to health and
safety; $4,200,000 shall be for a grant to the National
Council of La Raza; $3,000,000 shall be for a grant to the
Housing Assistance Council; $2,000,000 shall be for a grant
to the National American Indian Housing Council; $32,400,000
shall be for grants pursuant to section 107 of the Act, of
which $8,800,000 shall be for the Native Hawaiian block grant
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996, to remain
available until expended, of which $500,000 shall be for
training and technical assistance; $3,000,000 shall be
transferred to the Working Capital Fund; $15,000,000 shall be
for grants pursuant to the Self Help Homeownership
Opportunity Program; $30,000,000 shall be for Capacity
Building for Community Development and Affordable Housing for
LISC and the Enterprise Foundation for activities as
authorized by section 4 of the HUD Demonstration Act of 1993
(42 U.S.C. 9816 note), as in effect immediately before June
12, 1997, with not less than $5,000,000 of the funding to be
used in rural areas, including tribal areas; $55,000,000
shall be available for YouthBuild program activities
authorized by subtitle D of title IV of the Cranston-Gonzalez
National Affordable Housing Act, as amended, and such
activities shall be an eligible activity with respect to any
funds made available under this heading: Provided, That local
YouthBuild programs that demonstrate an ability to leverage
private and nonprofit funding shall be given a priority for
YouthBuild funding: Provided further, That no more than 8
percent of any grant award under the YouthBuild program may
be used for administrative costs: Provided further, That of
the amount made available for YouthBuild not less than
$4,000,000 is for grants to establish YouthBuild programs in
underserved and rural areas and $1,000,000 is to be made
available for a grant to YouthBuild USA for capacity building
for community development and affordable housing activities
as specified in section 4 of the HUD Demonstration Act of
1993, as amended: Provided further, That $10,000,000 shall be
transferred to the Affordable Housing and Economic
Development Technical Assistance Board.
Of the amount made available under this heading,
$290,000,000 shall be available for grants for the Economic
Development Initiative (EDI) to finance a variety of targeted
economic investments in accordance with the terms and
conditions specified in the statement of managers
accompanying this Act: Provided, That none of the funds
provided under this paragraph may be used for program
operations.
Of the amount made available under this heading,
$40,000,000 shall be available for neighborhood initiatives
that are utilized to improve the conditions of distressed and
blighted areas and neighborhoods, to stimulate investment,
economic diversification, and community revitalization in
areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing
benefits can be integrated more effectively with welfare
reform initiatives: Provided, That amounts made available
under this paragraph shall be provided in accordance with the
terms and conditions specified in the statement of managers
accompanying this Act.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of Division G of
Public Law 108-199 is deemed to be amended with respect to
item #181 striking ``Volusia County'' and inserting ``Lively
Arts Center in Volusia County''.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division G of
Public Law 108-199 is deemed to be amended with respect to
item number 216 by striking ``for construction'' and
inserting ``for planning, design, and engineering''.
Community Development Loan Guarantees Program Account
(including transfer of funds)
For the cost of guaranteed loans, $6,000,000, to remain
available until September 30, 2007, as authorized by section
108 of the Housing and Community Development Act of 1974, as
amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $275,000,000, notwithstanding any aggregate limitation
on outstanding obligations guaranteed in section 108(k) of
the Housing and Community Development Act of 1974, as
amended.
In addition, for administrative expenses to carry out the
guaranteed loan program, $1,000,000 shall be transferred to
and merged with the appropriation for ``Salaries and
expenses''.
Brownfields Redevelopment
For competitive economic development grants, as authorized
by section 108(q) of the Housing and Community Development
Act of 1974, as amended, for Brownfields redevelopment
projects, $15,000,000, to remain available until September
30, 2007.
HOME Investment Partnerships Program
(including transfers of funds)
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,850,000,000, to remain available
until September 30, 2008: Provided, That of the total amount
provided in this paragraph, up to $42,000,000 shall be
available for housing counseling under section 106 of the
Housing and Urban Development Act of 1968, and $2,000,000
shall be transferred to the Working Capital Fund: Provided
further, That $5,000,000 shall be transferred to the
Affordable Housing and Economic Development Technical
Assistance Board.
In addition to amounts otherwise made available under this
heading, $50,000,000, to remain available until September 30,
2008, for assistance to homebuyers as authorized under title
I of the American Dream Downpayment Act.
Homeless Assistance Grants
(including transfer of funds)
For the emergency shelter grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the supportive housing program as
authorized under subtitle C of title IV of such Act; the
section 8 moderate rehabilitation single room occupancy
program as authorized under the United States Housing Act of
1937, as amended, to assist homeless individuals pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act;
and the shelter plus care program as authorized under
subtitle F of title IV of such Act, $1,415,000,000, of which
$1,395,000,000 shall remain available until September 30,
2008, and of which $20,000,000 shall remain available until
expended: Provided, That not less than 30 percent of funds
made available, excluding amounts provided for renewals under
the shelter plus care program, shall be used for permanent
housing: Provided further, That all funds awarded for
services shall be matched by 25 percent in funding by each
grantee: Provided further, That the Secretary shall renew on
an annual basis expiring contracts or amendments to contracts
funded under the shelter plus care program if the program is
determined to be needed under the applicable continuum of
care and meets appropriate program requirements and financial
standards, as determined by the Secretary: Provided further,
That all awards of assistance under this heading shall be
required to coordinate and integrate homeless programs with
other mainstream health, social services, and employment
programs for which homeless populations may be eligible,
including Medicaid, State Children's Health Insurance
Program, Temporary Assistance for Needy Families, Food
Stamps, and services funding through the Mental Health and
Substance Abuse Block Grant, Workforce Investment Act, and
the Welfare-to-Work grant program: Provided further, That up
to $11,674,000 of the total amount provided under this
heading shall be available for the national homeless data
analysis project and technical assistance: Provided further,
That $1,000,000 of the total amount provided under this
heading shall be transferred to the Working Capital Fund:
Provided further, That $5,000,000 of the total amount
provided under this heading shall be transferred to the
Affordable Housing and Economic Development Technical
Assistance Board: Provided further, That all balances for
Shelter Plus Care renewals previously funded from the Shelter
Plus Care Renewal account and transferred to this account
shall be available, if recaptured, for Shelter Plus Care
renewals in fiscal year 2006.
Housing Programs
Housing for the Elderly
(including transfers of funds)
For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959, as amended, and
for project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for supportive
services associated with the housing, $742,000,000, to remain
available until September 30, 2009, of which amount
$53,000,000 shall be for service coordinators and the
continuation of existing congregate service grants for
residents of assisted housing projects, and of which amount
up to $30,000,000 shall be for grants under section 202b of
the Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of
eligible projects under such section to assisted living or
related use and for emergency capital repairs as determined
by the Secretary: Provided, That of the amount made available
under this heading, $20,000,000 shall be available to the
Secretary of Housing and Urban Development only for making
competitive grants to private nonprofit organizations and
consumer cooperatives for covering costs of architectural and
engineering work, site control, and other planning relating
to the development of supportive housing for the elderly that
is eligible for assistance under section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts
under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related
activities associated with section 202 capital advance
projects: Provided further, That $450,000 of the
[[Page S11388]]
total amount made available under this heading shall be
transferred to the Working Capital Fund: Provided further,
That the Secretary may waive the provisions of section 202
governing the terms and conditions of project rental
assistance, except that the initial contract term for such
assistance shall not exceed 5 years in duration: Provided
further, That $2,500,000 of the total amount made available
under this heading shall be transferred to the Affordable
Housing and Economic Development Technical Assistance Board.
Housing for Persons With Disabilities
(including transfers of funds)
For capital advance contracts, including amendments to
capital advance contracts, for supportive housing for persons
with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act, for
project rental assistance for supportive housing for persons
with disabilities under section 811(d)(2) of such Act,
including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a
1-year term, and for supportive services associated with the
housing for persons with disabilities as authorized by
section 811(b)(1) of such Act, $240,000,000: Provided, That
$450,000 shall be transferred to the Working Capital Fund:
Provided further, That renewal of tenant-based assistance
contracts shall be renewed from funding made available under
the heading Tenant-Based Rental Assistance: Provided further,
That of the amount provided under this heading, the Secretary
may make available up to $5,000,000 for incremental tenant-
based rental assistance, as authorized by section 811 of such
Act (which assistance is 5 years in duration): Provided
further, That all tenant-based assistance made available
under this heading shall continue to remain available only to
persons with disabilities: Provided further, That the
Secretary may waive the provisions of section 811 governing
the terms and conditions of project rental assistance and
tenant-based assistance, except that the initial contract
term for such assistance shall not exceed 5 years in
duration: Provided further, That amounts made available under
this heading shall be available for Real Estate Assessment
Center Inspections and inspection-related activities
associated with Section 811 Capital Advance Projects:
Provided further, That $2,500,000 of the total amount
provided under this heading shall be transferred to the
Affordable Housing and Economic Development Technical
Assistance Board.
AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT TECHNICAL ASSISTANCE BOARD
(transfer of funds)
To carry out a technical assistance program to assist local
nonprofits that participate in programs administered by the
Department of Housing and Urban Development, $45,000,000 of
funds transferred from within this title: Provided, That
these funds shall be made available to a board made up of
national nonprofits consisting of LISC, the Enterprise
Foundation, and the Centre for Management and Technology:
Provided further, That the board shall be assisted by an
advisory board consisting of nonprofits with diverse
knowledge and expertise with regard to affordable housing and
economic development: Provided further, That these funds
shall be used by this board to assist local nonprofits in
preserving and expanding the stock of low-income housing and
in developing economic development activities in accordance
with the requirements of programs administered by the
Department of Housing and Urban Development: Provided
further, That direct administrative costs shall not exceed 10
percent of the total appropriation.
other assisted housing programs
rental housing assistance
For amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1) in State-aided, non-insured rental housing projects,
$26,400,000, to remain available until expended.
Flexible Subsidy Fund
(transfer of funds)
From the Rental Housing Assistance Fund, all uncommitted
balances of excess rental charges as of September 30, 2005,
and any collections made during fiscal year 2006 and all
subsequent fiscal years, shall be transferred to the Flexible
Subsidy Fund, as authorized by section 236(g) of the National
Housing Act, as amended.
Payment to Manufactured Housing Fees Trust Fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974, as amended (42 U.S.C. 5401 et seq.), up to $13,000,000
to remain available until expended, to be derived from the
Manufactured Housing Fees Trust Fund: Provided, That not to
exceed the total amount appropriated under this heading shall
be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures
pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount
made available under this heading from the general fund shall
be reduced as such collections are received during fiscal
year 2006 so as to result in a final fiscal year 2006
appropriation from the general fund estimated at not more
than $0 and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2006
appropriation.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2006, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National
Housing Act, as amended, shall not exceed a loan principal of
$185,000,000,000.
During fiscal year 2006, obligations to make direct loans
to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $50,000,000:
Provided, That the foregoing amount shall be for loans to
nonprofit and governmental entities in connection with sales
of single family real properties owned by the Secretary and
formerly insured under the Mutual Mortgage Insurance Fund.
For administrative expenses necessary to carry out the
guaranteed and direct loan program, $355,000,000, of which
not to exceed $351,000,000 shall be transferred to the
appropriation for ``Salaries and expenses''; and not to
exceed $4,000,000 shall be transferred to the appropriation
for ``Office of Inspector General''. In addition, for
administrative contract expenses, $62,600,000, of which
$18,281,000 shall be transferred to the Working Capital Fund:
Provided, That to the extent guaranteed loan commitments
exceed $65,500,000,000 on or before April 1, 2006, an
additional $1,400 for administrative contract expenses shall
be available for each $1,000,000 in additional guaranteed
loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available
by this proviso exceed $30,000,000.
General and Special Risk Program Account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z-3
and 1735c), including the cost of loan guarantee
modifications, as that term is defined in section 502 of the
Congressional Budget Act of 1974, as amended, $8,800,000, to
remain available until expended: Provided, That commitments
to guarantee loans shall not exceed $35,000,000,000 in total
loan principal, any part of which is to be guaranteed.
Gross obligations for the principal amount of direct loans,
as authorized by sections 204(g), 207(l), 238, and 519(a) of
the National Housing Act, shall not exceed $50,000,000, of
which not to exceed $30,000,000 shall be for bridge financing
in connection with the sale of multifamily real properties
owned by the Secretary and formerly insured under such Act;
and of which not to exceed $20,000,000 shall be for loans to
nonprofit and governmental entities in connection with the
sale of single-family real properties owned by the Secretary
and formerly insured under such Act.
In addition, for administrative expenses necessary to carry
out the guaranteed and direct loan programs, $231,400,000, of
which $211,400,000 shall be transferred to the appropriation
for ``Salaries and Expenses''; and of which $20,000,000 shall
be transferred to the appropriation for ``Office of Inspector
General''.
In addition, for administrative contract expenses necessary
to carry out the guaranteed and direct loan programs,
$71,900,000, of which $10,800,000 shall be transferred to the
Working Capital Fund: Provided, That to the extent guaranteed
loan commitments exceed $8,426,000,000 on or before April 1,
2006, an additional $1,980 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments over $8,426,000,000 (including a
pro rata amount for any increment below $1,000,000), but in
no case shall funds made available by this proviso exceed
$14,400,000.
Government National Mortgage Association
Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account
(including transfer of funds)
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$200,000,000,000, to remain available until September 30,
2007.
For administrative expenses necessary to carry out the
guaranteed mortgage-backed securities program, $11,360,000,
to be derived from the GNMA guarantees of mortgage-backed
securities guaranteed loan receipt account, of which not to
exceed $11,360,000, shall be transferred to the appropriation
for ``Salaries and expenses''.
Policy Development and Research
Research and Technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970, as
amended (12 U.S.C. 1701z-1 et seq.), including carrying out
the functions of the Secretary under section 1(a)(1)(i) of
Reorganization Plan No. 2 of 1968, $48,000,000, to remain
available until September 30, 2007: Provided, That of the
total amount provided under this heading, $5,000,000 shall be
for the Partnership for Advancing Technology in Housing
(PATH) Initiative: Provided further, That of the amounts made
available for PATH under this heading, $2,500,000 shall not
be subject to the requirements of section 305 of this title.
Fair Housing and Equal Opportunity
Fair Housing Activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $46,000,000, to remain
available until September 30, 2007, of which $20,000,000
shall be to carry out activities pursuant to such section
561: Provided, That no funds made available under this
heading shall be used to lobby the executive or legislative
branches of the Federal Government in connection with a
specific contract, grant or loan.
[[Page S11389]]
Office of Lead Hazard Control
Lead Hazard Reduction
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $167,000,000, to remain available
until September 30, 2007, of which $9,900,000 shall be for
the Healthy Homes Initiative, pursuant to sections 501 and
502 of the Housing and Urban Development Act of 1970 that
shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and
hazards: Provided, That for purposes of environmental review,
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and other provisions of law that further
the purposes of such Act, a grant under the Healthy Homes
Initiative, Operation Lead Elimination Action Plan (LEAP), or
the Lead Technical Studies program under this heading or
under prior appropriations Acts for such purposes under this
heading, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994: Provided
further, That of the total amount made available under this
heading, $48,000,000 shall be made available on a competitive
basis for areas with the highest lead paint abatement needs,
as identified by the Secretary as having: (1) the highest
number of occupied pre-1940 units of rental housing; and (2)
a disproportionately high number of documented cases of lead-
poisoned children: Provided further, That each grantee
receiving funds under the previous proviso shall target those
privately owned units and multifamily buildings that are
occupied by low-income families as defined under section
3(b)(2) of the United States Housing Act of 1937: Provided
further, That not less than 90 percent of the funds made
available under this paragraph shall be used exclusively for
abatement, inspections, risk assessments, temporary
relocations and interim control of lead-based hazards as
defined by 42 U.S.C. 4851: Provided further, That each
recipient of funds provided under the first proviso shall
make a matching contribution in an amount not less than 25
percent: Provided further, That each applicant shall submit a
detailed plan and strategy that demonstrates adequate
capacity that is acceptable to the Secretary to carry out the
proposed use of funds pursuant to a Notice of Funding
Availability.
Management and Administration
Salaries and Expenses
(including transfer of funds)
For necessary administrative and non-administrative
expenses of the Department of Housing and Urban Development,
not otherwise provided for, including purchase of uniforms,
or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; services as authorized by 5
U.S.C. 3109; and not to exceed $25,000 for official reception
and representation expenses, $1,145,195,000, of which
$562,400,000 shall be provided from the various funds of the
Federal Housing Administration, $11,360,000 shall be provided
from funds of the Government National Mortgage Association,
$1,000,000 shall be from the Community Development Loan
Guarantee program, $150,000 shall be provided by transfer
from the ``Native American housing block grants'' account,
$250,000 shall be provided by transfer from the ``Indian
housing loan guarantee fund program'' account and $35,000
shall be transferred from the ``Native Hawaiian housing loan
guarantee fund'' account: Provided, That funds made available
under this heading shall only be allocated in the manner
specified in the report accompanying this Act unless the
Committees on Appropriations of both the House of
Representatives and the Senate are notified of any changes in
an operating plan or reprogramming: Provided further, That no
official or employee of the Department shall be designated as
an allotment holder unless the Office of the Chief Financial
Officer (OCFO) has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives:
Provided further, That the Chief Financial Officer shall
establish positive control of and maintain adequate systems
of accounting for appropriations and other available funds as
required by 31 U.S.C. 1514: Provided further, That for
purposes of funds control and determining whether a violation
exists under the Anti-Deficiency Act (31 U.S.C. 1341 et
seq.), the point of obligation shall be the executed
agreement or contract, except with respect to insurance and
guarantee programs, certain types of salaries and expenses
funding, and incremental funding that is authorized under an
executed agreement or contract, and shall be designated in
the approved funds control plan: Provided further, That the
Chief Financial Officer shall: (1) appoint qualified
personnel to conduct investigations of potential or actual
violations; (2) establish minimum training requirements and
other qualifications for personnel that may be appointed to
conduct investigations; (3) establish guidelines and
timeframes for the conduct and completion of investigations;
(4) prescribe the content, format and other requirements for
the submission of final reports on violations; and (5)
prescribe such additional policies and procedures as may be
required for conducting investigations of, and administering,
processing, and reporting on, potential and actual violations
of the Anti-Deficiency Act and all other statutes and
regulations governing the obligation and expenditure of funds
made available in this or any other Act: Provided further,
That $20,000,000 may be transferred to the Working Capital
Fund: Provided further, That the Secretary shall fill 7 out
of 10 vacancies at the GS-14 and GS-15 levels until the total
number of GS-14 and GS-15 positions in the Department has
been reduced from the number of GS-14 and GS-15 positions on
the date of enactment of Public Law 106-377 by 2\1/2\
percent.
Working Capital Fund
For additional capital for the Working Capital Fund (42
U.S.C. 3535) for the development of, modifications to, and
infrastructure for Department-wide information technology
systems, for the continuing operation of both Department-wide
and program-specific information systems, and for program-
related development activities, $265,000,000, to remain
available until September 30, 2007: Provided, That any
amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts
transferred to this Fund from amounts appropriated by
previously enacted appropriations Acts or from within this
Act may be used only for the purposes specified under this
Fund, in addition to the purposes for which such amounts were
appropriated.
Office of Inspector General
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as
amended, $106,000,000, of which $24,000,000 shall be provided
from the various funds of the Federal Housing Administration:
Provided, That the Inspector General shall have independent
authority over all personnel issues within this office.
Office of Federal Housing Enterprise Oversight
Salaries and Expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, including not to exceed
$500 for official reception and representation expenses,
$60,000,000, to remain available until expended, to be
derived from the Federal Housing Enterprises Oversight Fund:
Provided, That not to exceed the amount provided herein shall
be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures
pending the receipt of collections to the Fund: Provided
further, That the general fund amount shall be reduced as
collections are received during the fiscal year so as to
result in a final appropriation from the general fund
estimated at not more than $0.
Administrative Provisions
Sec. 301. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated
with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney
Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437
note) shall be rescinded, or in the case of cash, shall be
remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 302. None of the amounts made available under this Act
may be used during fiscal year 2006 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a non-frivolous legal action, that
is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a
court of competent jurisdiction.
Sec. 303. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from
any amounts made available under this title for fiscal year
2006 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a
grant, in the amount determined under subsection (b), for any
State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2006 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that
qualify under clause (i) in fiscal year 2006 do not have the
number of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the
cumulative number of AIDS cases in the areas of that State
that are outside of metropolitan statistical areas that
qualify under clause (i) of such section 854(c)(1)(A) in
fiscal year 2006, in proportion to AIDS cases among cities
and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2006 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the
City of New York, New York, on behalf of the New York-Wayne-
White Plains, New York-New Jersey Metropolitan Division
(hereafter ``metropolitan division'') of the New York-Newark-
Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of Housing and Urban Development
by: (1) allocating to the City of Jersey City, New Jersey,
the proportion of the metropolitan area's or division's
amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is
located in Hudson County, New
[[Page S11390]]
Jersey, and adjusting for the proportion of the metropolitan
division's high incidence bonus if this area in New Jersey
also has a higher than average per capita incidence of AIDS;
and (2) allocating to the City of Paterson, New Jersey, the
proportion of the metropolitan area's or division's amount
that is based on the number of cases of AIDS reported in the
portion of the metropolitan area or division that is located
in Bergen County and Passaic County, New Jersey, and
adjusting for the proportion of the metropolitan division's
high incidence bonus if this area in New Jersey also has a
higher than average per capita incidence of AIDS. The
recipient cities shall use amounts allocated under this
subsection to carry out eligible activities under section 855
of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in
their respective portions of the metropolitan division that
is located in New Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2006 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas
with a higher than average per capita incidence of AIDS,
shall be adjusted by the Secretary on the basis of area
incidence reported over a three year period.
Sec. 304. (a) During fiscal year 2006, in the provision of
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a
program to demonstrate the economy and effectiveness of
providing such assistance for use in assisted living
facilities that is carried out in the counties of the State
of Michigan specified in subsection (b) of this section,
notwithstanding paragraphs (3) and (18)(B)(iii) of such
section 8(o), a family residing in an assisted living
facility in any such county, on behalf of which a public
housing agency provides assistance pursuant to section
8(o)(18) of such Act, may be required, at the time the family
initially receives such assistance, to pay rent in an amount
exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of
Housing and Urban Development determines to be appropriate.
(b) The counties specified in this subsection are Oakland
County, Macomb County, Wayne County, and Washtenaw County, in
the State of Michigan.
Sec. 305. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title III of this Act shall be made on a competitive basis
and in accordance with section 102 of the Department of
Housing and Urban Development Reform Act of 1989.
Sec. 306. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1831).
Sec. 307. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 308. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act, as amended, are hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of such Act as may be
necessary in carrying out the programs set forth in the
budget for 2006 for such corporation or agency except as
hereinafter provided: Provided, That collections of these
corporations and agencies may be used for new loan or
mortgage purchase commitments only to the extent expressly
provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior
appropriations Acts), except that this proviso shall not
apply to the mortgage insurance or guaranty operations of
these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 309. None of the funds provided in this title for
technical assistance, training, or management improvements
may be obligated or expended unless HUD provides to the
Committees on Appropriations a description of each proposed
activity and a detailed budget estimate of the costs
associated with each program, project or activity as part of
the Budget Justifications. For fiscal year 2006, HUD shall
transmit this information to the Committees by March 15, 2006
for 30 days of review.
Sec. 310. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 311. Notwithstanding any other provision of law, in
fiscal year 2006, in managing and disposing of any
multifamily property that is owned or held by the Secretary
and is occupied primarily by elderly or disabled families,
the Secretary of Housing and Urban Development shall maintain
any rental assistance payments under section 8 of the United
States Housing Act of 1937 that are attached to any dwelling
units in the property. To the extent the Secretary determines
that such a multifamily property owned or held by the
Secretary is not feasible for continued rental assistance
payments under such section 8, the Secretary may, in
consultation with the tenants of that property, contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties or provide other
rental assistance.
Sec. 312. (a) Notwithstanding any other provision of law,
the amount allocated for fiscal year 2006 under section
854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)), to the City of Wilmington, Delaware, on behalf of
the Wilmington, Delaware-Maryland-New Jersey Metropolitan
Division (hereafter ``metropolitan division''), shall be
adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the
metropolitan division's amount that is based on the number of
cases of AIDS reported in the portion of the metropolitan
division that is located in New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The State of New Jersey
shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855
of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the
portion of the metropolitan division that is located in New
Jersey.
(b) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2006 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City
of Raleigh, North Carolina, on behalf of the Raleigh-Cary,
North Carolina Metropolitan Statistical Area. Any amounts
allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904)
within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), the Secretary of
Housing and Urban Development may adjust the allocation of
the amounts that otherwise would be allocated for fiscal year
2006 under section 854(c) of such Act, upon the written
request of an applicant, in conjunction with the State(s),
for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which
the metropolitan statistical area is located as the eligible
grantee(s) of the allocation. In the case that a metropolitan
statistical area involves more than one State, such amounts
allocated to each State shall be in proportion to the number
of cases of AIDS reported in the portion of the metropolitan
statistical area located in that State. Any amounts allocated
to a State under this section shall be used to carry out
eligible activities within the portion of the metropolitan
statistical area located in that State.
Sec. 313. The Department of Housing and Urban Development
shall submit the Department's fiscal year 2007 congressional
budget justifications to the Committees on Appropriations of
the House of Representatives and the Senate using the
identical structure provided under this Act and only in
accordance with the direction specified in the report
accompanying this Act.
Sec. 314. Incremental vouchers previously made available
under the heading ``Housing Certificate Fund'' or renewed
under the heading, ``Tenant-Based Rental Assistance,'' for
non-elderly disabled families shall, to the extent
practicable, continue to be provided to non-elderly disabled
families upon turnover.
Sec. 315. A public housing agency or such other entity that
administers Federal housing assistance in the States of
Alaska, Iowa, and Mississippi shall not be required to
include a resident of public housing or a recipient of
assistance provided under section 8 of the United States
Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance
under section 8 in the States of Alaska, Iowa and Mississippi
shall establish an advisory board of not less than 6
residents of public housing or recipients of section 8
assistance to provide advice and comment to the public
housing agency or other administering entity on issues
related to public housing and section 8. Such advisory board
shall meet not less than quarterly.
Sec. 316. For this fiscal year and each fiscal year
hereafter, the portion of any athletic scholarship assistance
that is available for housing costs shall be considered
adjusted income for purposes of section 3(b)(5) of the United
States Housing Act of 1937.
Sec. 317. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title III of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2004.
Sec. 318. (a) Notwithstanding any other provision of law,
subject to the conditions listed in subsection (b), for this
fiscal year and each fiscal year thereafter, the Secretary
may authorize the transfer of project-based assistance, debt
and statutorily required low-income and very low-income use
restrictions, associated with one multifamily housing project
to another multifamily housing project.
(b) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) the number of low-income and very low-income units and
the net dollar amount of Federal assistance provided by the
transferring project shall remain the same in the receiving
project;
[[Page S11391]]
(2) the transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable;
(3) the receiving project shall meet or exceed applicable
physical standards established by the Secretary;
(4) the owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials;
(5) the tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project shall not be required to vacate their units in the
transferring project until new units in the receiving project
are available for occupancy;
(6) if either the transferring project or the receiving
project meets the condition specified in subsection
(c)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be
subordinate to any FHA-insured mortgage lien transferred to,
or placed on, such project by the Secretary;
(7) if the transferring project meets the requirements of
subsection (c)(2)(E), the owner or mortgagor of the receiving
project shall execute and record either a continuation of the
existing use agreement or a new use agreement for the project
where, in either case, any use restrictions in such agreement
are of no lesser duration than the existing use restrictions;
and
(8) any financial risk to the FHA General and Special Risk
Insurance Fund, as determined by the Secretary, would be
reduced as a result of a transfer completed under this
section.
(c) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act,
(B) housing that has project-based assistance attached to
the structure,
(C) housing that is assisted under section 202 of the
Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act,
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act, or,
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) additional assistance payments under section 236(f)(2)
of the National Housing Act; and,
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959;
(4) the term ``receiving project'' means the multifamily
housing project to which the project-based assistance, debt,
and statutorily required use low-income and very low-income
restrictions are to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring the project-based
assistance, debt and the statutorily required low-income and
very low-income use restrictions to the receiving project;
and,
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
Sec. 319. (a) Extension.--The Secretary of Housing and
Urban Development shall extend the term of the Moving to Work
Demonstration Agreement entered into between a public housing
agency and the Secretary under section 204, title V, of the
Omnibus Consolidated Rescissions and Appropriations Act of
1996 (Public Law 104-134, April 26, 1996) if--
(1) the public housing agency requests such extension in
writing;
(2) the public housing agency is not at the time of such
request for extension in default under its Moving to Work
Demonstration Agreement; and
(3) the Moving to Work Demonstration Agreement to be
extended would otherwise expire on or before September 30,
2006.
(b) Terms.--Unless the Secretary of Housing and Urban
Development and the public housing agency otherwise agree,
the extension under subsection (a) shall be upon the
identical terms and conditions set forth in the extending
agency's existing Moving to Work Demonstration Agreement,
except that for each public housing agency that has been or
will be granted an extension to its original Moving to Work
Agreement, the Secretary shall require that data be collected
so that the effect of Moving to Work policy changes on
residents can be measured.
(c) Extension Period.--The extension under subsection (a)
shall be for such period as is requested by the public
housing agency, not to exceed 3 years from the date of
expiration of the extending agency's existing Moving to Work
Demonstration Agreement.
(d) Breach of Agreement.--Nothing contained in this section
shall limit the authority of the Secretary of Housing and
Urban Development to terminate any Moving to Work
Demonstration Agreement of a public housing agency if the
public housing agency is in breach of the provisions of such
agreement.
Sec. 320. Incremental vouchers previously made available
under the heading, ``Housing Certificate Fund'' or renewed
under the heading, ``Tenant-Based Rental Assistance'', for
family unification shall, to the extent practicable, continue
to be provided for family unification.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2006''.
TITLE IV--THE JUDICIARY
Supreme Court of the United States
Salaries and Expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance,
and operation of an automobile for the Chief Justice, not to
exceed $10,000 for the purpose of transporting Associate
Justices, and hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $60,730,000, of which $2,000,000 shall remain
available until expended.
Care of the Building and Grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-
13b), $5,624,000, which shall remain available until
expended.
United States Court of Appeals for the Federal Circuit
Salaries and Expenses
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $23,489,000.
United States Court of International Trade
Salaries and Expenses
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services, and
necessary expenses of the court, as authorized by law,
$15,480,000.
Courts of Appeals, District Courts, and Other Judicial Services
Salaries and Expenses
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular
active service, judges of the United States Court of Federal
Claims, bankruptcy judges, magistrate judges, and all other
officers and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $4,374,959,000 (including the
purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $3,833,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
Defender Services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under the Criminal Justice Act
of 1964, as amended (18 U.S.C. 3006A); the compensation and
reimbursement of expenses of persons furnishing
investigative, expert and other services under the Criminal
Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation
(in accordance with Criminal Justice Act maximums) and
reimbursement of expenses of attorneys appointed to assist
the court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement
of travel expenses of guardians ad litem acting on behalf of
financially eligible minor or incompetent offenders in
connection with transfers from the United States to foreign
countries with which the United States has a treaty for the
execution of penal sentences; the compensation of attorneys
appointed to represent jurors in civil actions for the
protection of their employment, as authorized by 28 U.S.C.
1875(d); and for necessary training and general
administrative expenses, $710,785,000, to remain available
until expended.
Fees of Jurors and Commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $61,318,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under section 5332 of title 5,
United States Code.
Court Security
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $372,426,000, of
which not to exceed $15,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the
[[Page S11392]]
Judicial Facility Security Program consistent with standards
or guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
Salaries and Expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $72,198,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses and of which up to
$1,000,000 shall be made available to the National Academy of
Public Administrators for a review of the financial and
management procedures of the Federal Judiciary.
Federal Judicial Center
Salaries and Expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $22,350,000; of which
$1,800,000 shall remain available through September 30, 2007,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
Payment to Judiciary Trust Funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $36,800,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$600,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$3,200,000.
United States Sentencing Commission
Salaries and Expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$14,700,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
Sec. 401. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but
no such appropriation, except ``Courts of Appeals, District
Courts, and Other Judicial Services, Defender Services'' and
``Courts of Appeals, District Courts, and Other Judicial
Services, Fees of Jurors and Commissioners'', shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 705 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 403. Notwithstanding any other provision of law, the
salaries and expenses appropriation for Courts of Appeals,
District Courts, and Other Judicial Services shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 404. Within 90 days of enactment of this Act, the
Administrative Office of the U.S. Courts shall submit to the
Committees on Appropriations a comprehensive financial plan
for the Judiciary allocating all sources of available funds
including appropriations, fee collections, and carryover
balances, to include a separate and detailed plan for the
Judiciary Information Technology fund.
Sec. 405. Pursuant to section 140 of Public Law 97-92, and
from funds appropriated in this Act, Justices and judges of
the United States are authorized during fiscal year 2006, to
receive a salary adjustment in accordance with 28 U.S.C. 461.
Sec. 406. The existing judgeship for the eastern district
of Missouri authorized by section 203(c) of the Judicial
Improvements Act of 1990 (Public Law 101-650, 104 Stat. 5089)
as amended by Public Law 105-53, as of the effective date of
this Act, shall be extended. The first vacancy in the office
of district judge in this district occurring 20 years or more
after the confirmation date of the judge named to fill the
temporary judgeship created by section 203(c) shall not be
filled.
Sec. 407. Not later than 180 days after enactment of this
Act, GAO shall provide the Committees on Appropriations with
a report regarding the potential impact on the Federal
Judiciary of recent increases in Homeland Security funding to
enhance border security and enforce our nation's immigration
laws.
This title may be cited as the ``Judiciary Appropriations
Act, 2006''.
TITLE V--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President
For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102, $450,000: Provided, That none of the funds made
available for official expenses shall be expended for any
other purpose and any unused amount shall revert to the
Treasury pursuant to section 1552 of title 31, United States
Code.
White House Office
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to
be expended and accounted for as provided by 3 U.S.C. 103);
not to exceed $3,501,000 for the necessary expenses of the
Office of Policy Development, including services authorized
under 5 U.S.C. 3109 and 3 U.S.C. 107; and not to exceed
$19,000 for official entertainment expenses, to be available
for allocation within the Executive Office of the President,
$58,081,000: Provided, That of the funds appropriated under
this heading, $1,500,000 shall be for the Privacy and Civil
Liberties Oversight Board.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration,
refurnishing, improvement, heating, and lighting, including
electric power and fixtures, of the Executive Residence at
the White House and official entertainment expenses of the
President, $12,436,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under section 3717
of title 31, United States Code: Provided further, That each
such amount that is reimbursed, and any accompanying interest
and charges, shall be deposited in the Treasury as
miscellaneous receipts: Provided further, That the Executive
Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of
the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive
Residence during the preceding fiscal year, including the
total amount of such expenses, the amount of such total that
consists of reimbursable official and ceremonial events, the
amount of such total that consists of reimbursable political
events, and the portion of each such amount that has been
reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the
tracking of expenses related to reimbursable events within
the Executive Residence that includes a standard for the
classification of any such expense as political or
nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House, $1,700,000, to remain
available until expended, for required maintenance, safety
and health issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021), $4,040,000.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109,
$8,705,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$98,609,000, of which $11,768,000 shall remain available
until expended for the Capital Investment Plan for continued
modernization of the information technology infrastructure
within the Executive Office of the President.
[[Page S11393]]
Office of Management and Budget
Salaries and Expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109 and to carry out the
provisions of chapter 35 of title 44, United States Code,
$68,411,000, of which not to exceed $2,000 shall be available
for official representation expenses: Provided, That, as
provided in 31 U.S.C. 1301(a), appropriations shall be
applied only to the objects for which appropriations were
made except as otherwise provided by law: Provided further,
That none of the funds appropriated in this Act for the
Office of Management and Budget may be used for the purpose
of reviewing any agricultural marketing orders or any
activities or regulations under the provisions of the
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further, That
the preceding shall not apply to printed hearings released by
the Committees on Appropriations: Provided further, That none
of the funds provided in this or prior Acts shall be used,
directly or indirectly, by the Office of Management and
Budget, for evaluating or determining if water resource
project or study reports submitted by the Chief of Engineers
acting through the Secretary of the Army are in compliance
with all applicable laws, regulations, and requirements
relevant to the Civil Works water resource planning process:
Provided further, That the Office of Management and Budget
shall have not more than 60 days in which to perform
budgetary policy reviews of water resource matters on which
the Chief of Engineers has reported. The Director of the
Office of Management and Budget shall notify the appropriate
authorizing and Appropriations Committees when the 60-day
review is initiated. If water resource reports have not been
transmitted to the appropriate authorizing and appropriating
committees within 15 days of the end of the OMB review period
based on the notification from the Director, Congress shall
assume OMB concurrence with the report and act accordingly.
Office of National Drug Control Policy
Salaries and Expenses
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1701 et seq.); not to exceed $10,000 for
official reception and representation expenses; and for
participation in joint projects or in the provision of
services on matters of mutual interest with nonprofit,
research, or public organizations or agencies, with or
without reimbursement, $24,224,000; of which $1,316,000 shall
remain available until expended for policy research and
evaluation: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office.
Counterdrug Technology Assessment Center
(including transfer of funds)
For necessary expenses for the Counterdrug Technology
Assessment Center for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1701 et seq.), $30,000,000, which shall
remain available until expended, consisting of $12,000,000
for counternarcotics research and development projects, and
$18,000,000 for the continued operation of the technology
transfer program: Provided, That the $12,000,000 for
counternarcotics research and development projects shall be
available for transfer to other Federal departments or
agencies.
Federal Drug Control Programs
High Intensity Drug Trafficking Areas Program
(including transfer of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $227,000,000, for drug control activities consistent
with the approved strategy for each of the designated High
Intensity Drug Trafficking Areas, of which no less than 60
percent shall be transferred to State and local entities for
drug control activities, which shall be obligated within 120
days of the date of the enactment of this Act: Provided, That
up to 40 percent, to remain available until September 30,
2007, may be transferred to Federal agencies and departments
at a rate to be determined by the Director, of which not less
than $2,000,000 shall be used for auditing services and
associated activities, and at least $500,000 of the
$2,000,000 shall be used to develop and implement a data
collection system to measure the performance of the High
Intensity Drug Trafficking Areas Program: Provided further,
That none of the funds made available under this heading
shall be available for the Consolidated Priority Organization
Target program.
Other Federal Drug Control Programs
(including transfer of funds)
For activities to support a national anti-drug campaign for
youth, and for other purposes, authorized by the Office of
National Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1701 et seq.), $191,400,000, to remain available until
expended, of which the following amounts are available as
follows: $95,000,000 to support a national media campaign, as
authorized by the Drug-Free Media Campaign Act of 1998;
$80,000,000 to continue a program of matching grants to drug-
free communities, of which $2,000,000 shall be a directed
grant to the Community Anti-Drug Coalitions of America for
the National Community Anti-Drug Coalition Institute, as
authorized in chapter 2 of the National Narcotics Leadership
Act of 1988, as amended; $1,000,000 for the National Drug
Court Institute; $1,000,000 for the National Alliance for
Model State Drug Laws; $9,500,000 for the United States Anti-
Doping Agency for anti-doping activities; $2,900,000 for the
United States membership dues to the World Anti-Doping
Agency; and $2,000,000 for evaluations and research related
to National Drug Control Program performance measures:
Provided, That such funds may be transferred to other Federal
departments and agencies to carry out such activities:
Provided further, That of the amounts appropriated for a
national media campaign, not to exceed 10 percent shall be
for administration, advertising production, research and
testing, labor and related costs of the national media
campaign.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000.
Special Assistance to the President
Salaries and Expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,455,000.
Official Residence of the Vice President
Operating Expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 for official
entertainment expenses of the Vice President, to be accounted
for solely on his certificate, $325,000: Provided, That
advances or repayments or transfers from this appropriation
may be made to any department or agency for expenses of
carrying out such activities.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2006''.
TITLE VI--INDEPENDENT AGENCIES
Architectural and Transportation Barriers Compliance Board
Salaries and Expenses
For expenses necessary for the Architectural and
Transportation Barriers Compliance Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended,
$5,941,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Consumer Product Safety Commission
Salaries and Expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $500 for official
reception and representation expenses, $63,000,000 of which
up to $500,000 shall be used to coordinate with the
Administrator of the Environmental Protection Agency in the
Agency's study pursuant to H.R. 2361, as passed by the Senate
in the first session of the 109th Congress, to assess safety
risks to both persons and the environment with regard to
small engines, as required in Public Law 108-199, including
real-world scenarios involving, among other things, operator
burn, fire due to contact with flammable items, and
refueling.
Election Assistance Commission
Salaries and Expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote
Act of 2002, $13,888,000, of which $4,000,000 shall be
transferred to the National Institute of Standards and
Technology for election reform activities authorized under
the Help America Vote Act of 2002.
Federal Deposit Insurance Corporation
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $31,000,000, to be derived from the Bank
Insurance Fund, the Savings Association Insurance Fund, and
the FSLIC Resolution Fund.
Federal Election Commission
Salaries and Expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, as amended,
$54,600,000, of which no less than $4,700,000 shall be
available for internal automated data processing systems, and
of which not to exceed $5,000 shall be available for
reception and representation expenses.
Federal Labor Relations Authority
Salaries and Expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of
[[Page S11394]]
1978, and the Civil Service Reform Act of 1978, including
services authorized by 5 U.S.C. 3109, and including hire of
experts and consultants, hire of passenger motor vehicles,
and rental of conference rooms in the District of Columbia
and elsewhere, $25,468,000: Provided, That public members of
the Federal Service Impasses Panel may be paid travel
expenses and per diem in lieu of subsistence as authorized by
law (5 U.S.C. 5703) for persons employed intermittently in
the Government service, and compensation as authorized by 5
U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C.
3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall
be credited to and merged with this account, to be available
without further appropriation for the costs of carrying out
these conferences.
Federal Maritime Commission
Salaries and Expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. App. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902,
$20,499,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
General Services Administration
Real Property Activities
Federal Buildings Fund
limitations on availability of revenue
(including transfer of funds)
To carry out the purposes of the Fund established pursuant
to section 210(f) of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 592), the
revenues and collections deposited into the Fund shall be
available for necessary expenses of real property management
and related activities not otherwise provided for, including
operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of
Columbia; restoration of leased premises; moving governmental
agencies (including space adjustments and telecommunications
relocation expenses) in connection with the assignment,
allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving;
repair and alteration of federally owned buildings including
grounds, approaches and appurtenances; care and safeguarding
of sites; maintenance, preservation, demolition, and
equipment; acquisition of buildings and sites by purchase,
condemnation, or as otherwise authorized by law; acquisition
of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning
and design of projects by contract or otherwise; construction
of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations
for public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $7,889,745,000,
of which: (1) $829,056,000 shall remain available until
expended for construction (including funds for sites and
expenses and associated design and construction services) of
additional projects at the following locations:
New Construction:
Alabama:
Mobile, United States Courthouse, $2,000,000.
Tuscaloosa, Federal Building, $50,000,000.
California:
San Diego, United States Courthouse, $230,803,000.
Colorado:
Lakewood, Denver Federal Center Infrastructure, $4,658,000.
District of Columbia:
Coast Guard Consolidation, $24,900,000.
St. Elizabeths West Campus Infrastructure, $13,095,000.
Southeast Federal Center Site Remediation, $15,000,000.
Illinois:
Rockford Federal Courthouse, $50,000,000.
Maine:
Calais, Border Station, $50,146,000.
Jackman, Border Station, $12,788,000.
Maryland:
Montgomery County, Food and Drug Administration
Consolidation, $127,600,000.
Mississippi:
Jackson, United States Courthouse, $8,750,000.
Missouri:
Jefferson City, United States Courthouse, $5,200,000.
New Mexico:
Las Cruces, United States Courthouse, $15,000,000.
New York:
Champlain, Border Station, $52,510,000.
Massena, Border Station, $49,783,000.
Texas:
Austin, United States Courthouse, $3,000,000.
Washington:
Blaine, Peace Arch Border Station, $46,534,000.
Material Price Increases for the following existing
projects: U.S. Mission to the United Nations, New York City,
New York; FBI Office, Houston, Texas; Border Station, Del
Rio, Texas; United States Courthouse, Cape Girardeau,
Missouri; United States Courthouse, El Paso, Texas; and
Border Station, El Paso, Texas, $57,789,000.
Non-prospectus Construction, $9,500,000:
Provided, That each of the foregoing limits of costs on new
construction projects may be exceeded to the extent that
savings are effected in other such projects, but not to
exceed 10 percent, unless advance approval is obtained from
the Committees on Appropriations of a greater amount:
Provided further, That all funds for direct construction
projects shall expire on September 30, 2007 and remain in the
Federal Buildings Fund except for funds for projects as to
which funds for design or other funds have been obligated in
whole or in part prior to such date; (2) $961,376,000 shall
remain available until expended for repairs and alterations,
which includes associated design and construction services:
Repairs and Alterations:
Arizona:
Tucson, James A. Walsh United States Courthouse,
$16,136,000.
District of Columbia:
For transfer to the Navy for certain permanent relocation
expenses pursuant to section 1(e) of Public Law 108-268,
$2,000,000.
Eisenhower Executive Office Building, $133,417,000.
Federal Office Building 8, $47,769,000.
Heating, Operation, and Transmission District Repair,
$18,783,000.
Herbert C. Hoover Building, $54,491,000.
Main Interior Federal Building, $41,399,000.
Georgia:
Atlanta, Martin Luther King, Jr., Federal Building,
$30,129,000.
New York:
Brooklyn, Emanuel Celler Courthouse, $96,924,000.
New York, James Watson Federal Building and United States
Courthouse, $9,721,000.
Special Emphasis Programs:
Chlorofluorocarbons Program, $10,000,000.
Energy Program, $28,000,000.
Glass Fragmentation Program, $15,700,000.
Design Program, $21,915,000.
Basic Repairs and Alterations, $434,992,000:
Provided further, That funds made available in this or any
previous Act in the Federal Buildings Fund for Repairs and
Alterations shall, for prospectus projects, be limited to the
amount identified for each project, except each project in
this or any previous Act may be increased by an amount not to
exceed 10 percent of the amounts included in an approved
prospectus, if required, unless advance approval is obtained
from the Committees on Appropriations of a greater amount:
Provided further, That additional projects for which
prospectuses have been fully approved may be funded under
this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the
amounts provided in this or any prior Act for ``Repairs and
Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to
meet the minimum standards for security in accordance with
current law and in compliance with the reprogramming
guidelines of the appropriate Committees of the House and
Senate: Provided further, That the difference between the
funds appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used
to fund authorized increases in prospectus projects: Provided
further, That all funds for repairs and alterations
prospectus projects shall expire on September 30, 2007 and
remain in the Federal Buildings Fund except funds for
projects as to which funds for design or other funds have
been obligated in whole or in part prior to such date:
Provided further, That the amount provided in this or any
prior Act for Basic Repairs and Alterations may be used to
pay claims against the Government arising from any projects
under the heading ``Repairs and Alterations'' or used to fund
authorized increases in prospectus projects; (3) $168,180,000
for installment acquisition payments including payments on
purchase contracts which shall remain available until
expended; (4) $4,046,031,000 for rental of space which shall
remain available until expended; and (5) $1,885,102,000 for
building operations which shall remain available until
expended: Provided further, That funds available to the
General Services Administration shall not be available for
expenses of any construction, repair, alteration and
acquisition project for which a prospectus, if required by
the Public Buildings Act of 1959, as amended, has not been
approved, except that necessary funds may be expended for
each project for required expenses for the development of a
proposed prospectus: Provided further, That funds available
in the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees
on Appropriations: Provided further, That, notwithstanding
any other provision of law, the Administrator of the General
Services Administration is authorized and directed to proceed
with site, design, acquisition, and construction for a new
courthouse in Jefferson City, Missouri, of which planning and
design funding is provided in this Act: Provided further,
That the courthouse in Jefferson, Missouri is a demonstration
project that will be part of a larger judicial complex that
will include the renovation and preservation of the existing
historic United States Post Office and Courthouse as well as
for implementing a new innovative fund process that will
include the renovation and preservation of the existing
historic United States Post Office and Courthouse: Provided
further, That amounts necessary to provide reimbursable
special services to other agencies under section 210(f)(6) of
the Federal Property and Administrative Services Act of 1949,
as amended (40 U.S.C. 592(b)(2)) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control as may be appropriate to enable the
United States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, shall be available from
such revenues and collections: Provided further, That
revenues and collections and any other sums accruing to this
Fund during fiscal
[[Page S11395]]
year 2006, excluding reimbursements under section 210(f)(6)
of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 592(b)(2)) in excess of the aggregate new
obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts.
General Activities
Government-wide Policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
telecommunications, information technology management, and
related technology activities; and services as authorized by
5 U.S.C. 3109, $52,796,000.
Operating Expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; providing Internet access to Federal information
and services; agency-wide policy direction and management,
and Board of Contract Appeals; accounting, records
management, and other support services incident to
adjudication of Indian Tribal Claims by the United States
Court of Federal Claims; services as authorized by 5 U.S.C.
3109; and not to exceed $7,500 for official reception and
representation expenses, $99,890,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $43,410,000:
Provided, That not to exceed $15,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.
Electronic Government Fund
(including transfer of funds)
For necessary expenses in support of interagency projects
that enable the Federal Government to expand its ability to
conduct activities electronically, through the development
and implementation of innovative uses of the Internet and
other electronic methods, $5,000,000, to remain available
until expended: Provided, That these funds may be transferred
to Federal agencies to carry out the purposes of the Fund:
Provided further, That such transfers may not be made until
10 days after a proposed spending plan and justification for
each project to be undertaken has been submitted to the
Committees on Appropriations: Provided further, That for
purposes of the eTravel system no less than 23 percent of all
contracted dollars shall be allocated to small businesses.
Allowances and Office Staff for Former Presidents
(including transfer of funds)
For carrying out the provisions of the Act of August 25,
1958, as amended (3 U.S.C. 102 note), and Public Law 95-138,
$2,952,000: Provided, That the Administrator of General
Services shall transfer to the Secretary of the Treasury such
sums as may be necessary to carry out the provisions of such
Acts.
Federal Citizen Information Center Fund
For necessary expenses of the Federal Citizen Information
Center, including services authorized by 5 U.S.C. 3109,
$15,000,000, to be deposited into the Federal Citizen
Information Center Fund: Provided, That the appropriations,
revenues, and collections deposited into the Fund shall be
available for necessary expenses of Federal Citizen
Information Center activities in the aggregate amount not to
exceed $32,000,000. Appropriations, revenues, and collections
accruing to this Fund during fiscal year 2006 in excess of
such amount shall remain in the Fund and shall not be
available for expenditure except as authorized in
appropriations Acts.
Administrative Provisions--General Services Administration
(including recission of funds)
Sec. 601. The appropriate appropriation or fund available
to the General Services Administration shall be credited with
the cost of operation, protection, maintenance, upkeep,
repair, and improvement, included as part of rentals received
from Government corporations pursuant to law (40 U.S.C. 129).
Sec. 602. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 603. Funds in the Federal Buildings Fund made
available for fiscal year 2006 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations.
Sec. 604. No funds made available by this Act shall be used
to transmit a fiscal year 2007 request for United States
Courthouse construction that: (1) does not meet the design
guide standards for construction as established and approved
by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management
and Budget; and (2) does not reflect the priorities of the
Judicial Conference of the United States as set out in its
approved 5-year construction plan: Provided, That the fiscal
year 2007 request must be accompanied by a standardized
courtroom utilization study of each facility to be
constructed, replaced, or expanded.
Sec. 605. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 606. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations.
Sec. 607. Section 412 of Division H of Public Law 108-447,
Consolidated Appropriations Act, 2005 is amended--
(1) In the first sentence after the words,
``Notwithstanding any other provision of law,'', insert the
phrase, ``beginning in fiscal year 2006 and thereafter,'';
and
(2) In the first sentence after the words ``real and
related personal property,'' insert the words, ``under the
custody and control of the Administrator of General
Services''.
Sec. 608. The General Services Administration shall conduct
a program to promote the use of stairs in all federal
buildings.
Sec. 609. No funds shall be used by the General Services
Administration to reorganize its organizational structure
without approval by the House and Senate Committees on
Appropriations through an operating plan change.
Merit Systems Protection Board
Salaries and Expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), as amended, including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of
Columbia and elsewhere, hire of passenger motor vehicles,
direct procurement of survey printing, and not to exceed
$2,000 for official reception and representation expenses,
$35,600,000 together with not to exceed $2,605,000 for
administrative expenses to adjudicate retirement appeals to
be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Systems
Protection Board.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Trust Fund
(including transfer of funds)
For payment to the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Trust Fund,
pursuant to the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act
of 1992 (20 U.S.C. 5601 et seq.), $2,000,000, to remain
available until expended, of which up to $50,000 shall be
used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-
289) notwithstanding sections 8 and 9 of Public Law 102-259:
Provided, That up to 60 percent of such funds may be
transferred by the Morris K. Udall Scholarship and Excellence
in National Environmental Policy Foundation for the necessary
expenses of the Native Nations Institute.
Environmental Dispute Resolution Fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy
and Conflict Resolution Act of 1998, $1,000,000, to remain
available until expended.
National Archives and Records Administration
Operating Expenses
For necessary expenses in connection with the
administration of the National Archives and Records
Administration (including the Information Security Oversight
Office) and archived Federal records and related activities,
as provided by law, and for expenses necessary for the review
and declassification of documents, and for the hire of
passenger motor vehicles, $280,975,000: Provided, That the
Archivist of the United States is authorized to use any
excess funds available from the amount borrowed for
construction of the National Archives facility, for expenses
necessary to provide adequate storage for holdings.
Electronic Records Archives
For necessary expenses in connection with the development
of the electronic records archives, to include all direct
project costs associated with research, analysis, design,
development, and program management, $38,914,000: Provided,
That none of these funds may be obligated until the National
Archives and Records Administration submits to the Committees
on Appropriations, and such Committees approve, a plan for
expenditure that: (1) meets the capital planning and
investment control review requirements established by the
Office of Management and Budget, including Circular A-11; (2)
complies with the National Archives and Records
Administration's enterprise architecture; (3) conforms with
the National Archives and Records Administration's enterprise
life cycle methodology; (4) is approved by the National
Archives and Records Administration and the Office of
Management and Budget; (5) has been reviewed by the
Government Accountability Office; and (6) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government.
[[Page S11396]]
Repairs and Restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$11,682,000, to remain available until expended, of which
$2,500,000 is to construct a new regional archives and
records facility in Anchorage, Alaska, and of which
$2,000,000 is for the repair and restoration of the plaza
that surrounds the Lyndon Baines Johnson Presidential Library
that is under the joint control and custody of the University
of Texas: Provided, That such funds may be transferred
directly to the University and used, together with University
funds, for repair and restoration of the plaza and remain
available until expended for this purpose: Provided further,
That such funds shall be spent in accordance with the
construction plan submitted to the Committees on
Appropriations on March 14, 2005: Provided further, That the
Archivist shall be prohibited from entering into any
agreement with the University or any other party that
requires additional funding commitments on behalf of the
Federal government.
National Historical Publications and Records Commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, as amended, $5,000,000, to remain available
until expended.
National Credit Union Administration
central liquidity facility
(including transfer of funds)
During fiscal year 2006, gross obligations of the Central
Liquidity Facility for the principal amount of new direct
loans to member credit unions, as authorized by 12 U.S.C.
1795 et seq., shall not exceed $1,500,000,000: Provided, That
administrative expenses of the Central Liquidity Facility in
fiscal year 2006 shall not exceed $323,000.
community development credit union revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $950,000
shall be available until September 30, 2007 for technical
assistance to low-income designated credit unions, and
amounts of principal and interest on loans repaid shall be
available until expended for low-income designated credit
unions.
National Transportation Safety Board
Salaries and Expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902)
$76,700,000, of which not to exceed $2,000 may be used for
official reception and representation expenses.
(Rescission)
Of the available unobligated balances made available under
Public Law 106-246, $1,000,000 are rescinded.
Neighborhood Reinvestment Corporation
Payment to the Neighborhood Reinvestment Corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $115,000,000, of which $5,000,000
shall be for a multi-family rental housing program.
Office of Government Ethics
Salaries and Expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, as amended and the Ethics Reform Act of 1989,
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses,
$11,148,000.
Office of Personnel Management
Salaries and Expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order No.
10422 of January 9, 1953, as amended; and payment of per diem
and/or subsistence allowances to employees where Voting
Rights Act activities require an employee to remain overnight
at his or her post of duty, $124,521,000, of which $6,983,000
shall remain available until expended for the Enterprise
Human Resources Integration project; $1,450,000 shall remain
available until expended for the Human Resources Line of
Business project; $500,000 shall remain available until
expended for the E-Training project; and $1,412,000 shall
remain available until expended until September 30, 2007 for
the E-Payroll project; and in addition $100,017,000 for
administrative expenses, to be transferred from the
appropriate trust funds of the Office of Personnel Management
without regard to other statutes, including direct
procurement of printed materials, for the retirement and
insurance programs: Provided, That the provisions of this
appropriation shall not affect the authority to use
applicable trust funds as provided by sections 8348(a)(1)(B),
and 9004(f)(2)(A) of title 5, United States Code: Provided
further, That no part of this appropriation shall be
available for salaries and expenses of the Legal Examining
Unit of the Office of Personnel Management established
pursuant to Executive Order No. 9358 of July 1, 1943, or any
successor unit of like purpose: Provided further, That the
President's Commission on White House Fellows, established by
Executive Order No. 11183 of October 3, 1964, may, during
fiscal year 2006, accept donations of money, property, and
personal services: Provided further, That such donations,
including those from prior years, may be used for the
development of publicity materials to provide information
about the White House Fellows, except that no such donations
shall be accepted for travel or reimbursement of travel
expenses, or for the salaries of employees of such
Commission.
Office of Inspector General
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act,
as amended, including services as authorized by 5 U.S.C.
3109, hire of passenger motor vehicles, $1,614,000, and in
addition, not to exceed $16,329,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.
Government Payment for Annuitants, Employees Health Benefits
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849), as amended, such sums as may be
necessary.
Government Payment for Annuitants, Employee Life Insurance
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by
chapter 87 of title 5, United States Code, such sums as may
be necessary.
Payment to Civil Service Retirement and Disability Fund
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20,
1969, as authorized by 5 U.S.C. 8348, and annuities under
special Acts to be credited to the Civil Service Retirement
and Disability Fund, such sums as may be necessary: Provided,
That annuities authorized by the Act of May 29, 1944, as
amended, and the Act of August 19, 1950, as amended (33
U.S.C. 771-775), may hereafter be paid out of the Civil
Service Retirement and Disability Fund.
Office of Special Counsel
Salaries and Expenses
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), as amended, the Whistleblower Protection Act of 1989
(Public Law 101-12), as amended, Public Law 107-304, and the
Uniformed Services Employment and Reemployment Act of 1994
(Public Law 103-353), including services as authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses,
rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles; $15,325,000.
Selective Service System
Salaries and Expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to
exceed $750 for official reception and representation
expenses; $25,650,000: Provided, That during the current
fiscal year, the President may exempt this appropriation from
the provisions of 31 U.S.C. 1341, whenever the President
deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds
appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the
United States.
United States Interagency Council on Homelessness
Operating Expenses
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$1,800,000.
Title II of the McKinney-Vento Homeless Assistance Act, as
amended, is amended in section 209 by striking ``2005'' and
inserting ``2012''.
United States Postal Service
Payment to the Postal Service Fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$116,350,000, of which $87,350,000 shall not be available for
obligation until October 1, 2006: Provided, That mail for
overseas voting and mail for the blind
[[Page S11397]]
shall continue to be free: Provided further, That 6-day
delivery and rural delivery of mail shall continue without
reduction: Provided further, That none of the funds made
available to the Postal Service by this Act shall be used to
implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support
enforcement agency, or any individual participating in a
State or local program of child support enforcement, a fee
for information requested or provided concerning an address
of a postal customer: Provided further, That none of the
funds provided in this Act shall be used to consolidate or
close small rural and other small post offices in fiscal year
2006.
United States Tax Court
Salaries and Expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $47,998,000:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.
TITLE VII--GENERAL PROVISIONS THIS ACT
(including transfers of funds)
Sec. 701. Such sums as may be necessary for fiscal year
2006 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or
previous appropriations Acts.
Sec. 702. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 703. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 704. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 705. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 706. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 707. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his period
of active military or naval service, and has within 90 days
after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his former position
and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his former
position and has not been restored thereto.
Sec. 708. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 709. No funds appropriated or otherwise made available
under this Act shall be made available to any person or
entity that has been convicted of violating the Buy American
Act (41 U.S.C. 10a-10c).
Sec. 710. None of the funds provided in this Act, provided
by previous appropriations Acts to the agencies or entities
funded in this Act that remain available for obligation or
expenditure in fiscal year 2006, or provided from any
accounts in the Treasury derived by the collection of fees
and available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds that: (1) creates a new program; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose; (5) augments existing programs, projects,
or activities in excess of $5,000,000 or 10 percent,
whichever is less; (6) reduces existing programs, projects,
or activities by $5,000,000 or 10 percent, whichever is less;
or (7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the table accompanying the statement of the managers
accompanying this Act, whichever is more detailed, unless
prior approval is received from the House and Senate
Committees on Appropriations: Provided, That not later than
60 days after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the Committee on
Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include: (1) a
table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a
delineation in the table for each appropriation both by
object class and program, project, and activity as detailed
in the budget appendix for the respective appropriation; and
(3) an identification of items of special congressional
interest: Provided further, That the amount appropriated or
limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
Sec. 711. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2006 from appropriations
made available for salaries and expenses for fiscal year 2006
in this Act, shall remain available through September 30,
2007, for each such account for the purposes authorized:
Provided, That a request shall be submitted to the Committees
on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be
made in compliance with reprogramming guidelines.
Sec. 712. None of the funds made available in this Act may
be used by the Executive Office of the President to request
from the Federal Bureau of Investigation any official
background investigation report on any individual, except
when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 713. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act
(Public Law 93-400; 41 U.S.C. 422) shall not apply with
respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 714. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office pursuant to court approval.
Sec. 715. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in the Buy American Act (41 U.S.C. 10a et seq.), shall
not apply to the acquisition by the Federal Government of
information technology (as defined in section 11101 of title
40, United States Code), that is a commercial item (as
defined in section 4(12) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)).
Sec. 716. None of the funds made available under this Act
may be obligated or expended to establish or implement a
pilot program under which not more than 10 designated
essential air service communities located in proximity to hub
airports are required to assume 10 percent of their essential
air subsidy costs for a 4-year period commonly referred to as
the EAS local participation program.
Sec. 717. From funds made available in this Act under the
headings ``White House Office'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisors'', ``National Security
Council'', ``Office of Administration'', ``Office of
Management and Budget'', ``Office of National Drug Control
Policy'', ``Special Assistance to the President'', and
``Official Residence of the Vice President'', the Director of
the Office of Management and Budget (or such other officer as
the President may designate in writing), may, fifteen days
after giving notice to the House and Senate Committees on
Appropriations, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred: Provided,
That the amount of an appropriation shall not be increased by
more than 50 percent by such transfers: Provided further,
That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice
President'' without the approval of the Vice President.
Sec. 718. All Federal agencies and departments that are
funded under this Act shall issue quarterly reports to the
House and Senate Committees on Appropriations on all sole
source contracts. Such report shall include the contractor,
the amount of the contract and the rationale for using a sole
source contract. Each Federal agency and department shall
publish this information quarterly in the Federal Register.
Sec. 719. Section 315(a)(4) of the Federal Election
Campaign Act of 1971 (2 U.S.C 441a(a)(4)) is amended--
(1) by striking ``(4)'' and inserting ``(4)(A)''; and
(2) by adding at the end the following new subparagraph:
``(B) The limitation on contributions contained in
paragraphs (1) and (2) do not apply to transfers between a
leadership committee of an individual holding Federal office
and political committees established and maintained by a
national political party. For purposes of the previous
sentence, the term `leadership committee' means, with respect
to an individual holding Federal office, an unauthorized
political committee which is associated with such individual
but which is not affiliated with any authorized committee of
such individual.''.
[[Page S11398]]
Sec. 720. The Secretary of the Treasury may transfer funds
from within Treasury accounts for any costs necessary to pay
for both career and non-career Senior Executive Service
positions and support staff in locations of economic
strategic interest throughout the world. Such positions would
be used to advocate potions of interest to the United States
government, including open and fair financial markets,
consistent with the Secretary's obligation under the Gold
Reserve Act of 1934 (48 Stat. 337) to promote orderly
exchange arrangements and an orderly system of exchange
rates. Any transfer shall not be made available until
approved in an operating plan request by the House and Senate
Committees on Appropriations.
Sec. 721. None of the funds made available in this Act may
be used to administer, implement, or enforce the amendment
made to section 515.533 of title 31, Code of Federal
Regulations, that was published in the Federal Register on
February 25, 2005.
Sec. 722. Notwithstanding any other provision of law,
hereafter, neither the Board of Governors of the Federal
Reserve System nor the Secretary of the Treasury may
determine, by rule, regulation, order, or otherwise, for
purposes of section 4(K) of the Bank Holding Company Act of
1956, or section 5136A of the Revised Statutes of the United
States, that real estate brokerage activity or real estate
management activity (which, for purposes of this paragraph
shall be defined to mean ``real estate brokerage'' and
``property management'' respectively, as those terms were
understood by the Federal Reserve Board prior to March 11,
2000) is an activity that is financial in nature, is
incidental to any financial activity, or is complementary to
a financial activity. For purposes of this paragraph, ``real
estate brokerage activity'' shall mean ``real estate
brokerage'', and ``real estate management activity'' shall
mean ``property management'', as those terms were understood
by the Federal Reserve Board prior to March 11, 2000.
Sec. 723. None of the funds in this Act or otherwise
available to the Secretary of the Treasury from any source
may be expended to implement a reimbursable agreement
pursuant to section 517 of H.R. 2360, as adopted by the
United States Senate on July 14, 2005.
TITLE VIII--GENERAL PROVISIONS GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 801. Funds appropriated in this or any other Act may
be used to pay travel to the United States for the immediate
family of employees serving abroad in cases of death or life
threatening illness of said employee.
Sec. 802. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2006 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 803. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 804. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of
this Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United
States prior to such date and is actually residing in the
United States; (3) is a person who owes allegiance to the
United States; (4) is an alien from Cuba, Poland, South
Vietnam, the countries of the former Soviet Union, or the
Baltic countries lawfully admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975; or (6) is a national of the People's Republic of China
who qualifies for adjustment of status pursuant to the
Chinese Student Protection Act of 1992 (Public Law 102-404):
Provided, That for the purpose of this section, an affidavit
signed by any such person shall be considered prima facie
evidence that the requirements of this section with respect
to his or her status have been complied with: Provided
further, That any person making a false affidavit shall be
guilty of a felony, and, upon conviction, shall be fined no
more than $4,000 or imprisoned for not more than 1 year, or
both: Provided further, That the above penal clause shall be
in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any
payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government. This section shall not apply to
citizens of Ireland, Israel, or the Republic of the
Philippines, or to nationals of those countries allied with
the United States in a current defense effort, or to
international broadcasters employed by the United States
Information Agency, or to temporary employment of
translators, or to temporary employment in the field service
(not to exceed 60 days) as a result of emergencies.
Sec. 805. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 749), the Public
Buildings Amendments of 1972 (87 Stat. 216), or other
applicable law.
Sec. 806. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted
prior to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 807. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 808. No part of any appropriation for the current
fiscal year contained in this or any other Act shall be paid
to any person for the filling of any position for which he or
she has been nominated after the Senate has voted not to
approve the nomination of said person.
Sec. 809. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of
boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 810. Funds made available by this or any other Act to
the Postal Service Fund (39 U.S.C. 2003) shall be available
for employment of guards for all buildings and areas owned or
occupied by the Postal Service or under the charge and
control of the Postal Service. The Postal Service may give
such guards, with respect to such property, any of the powers
of special policemen provided under 40 U.S.C. 1315. The
Postmaster General, or his designee, may take any action that
the Secretary of Homeland Security may take under such
section with respect to that property.
Sec. 811. None of the funds made available pursuant to the
provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a joint resolution duly adopted in
accordance with the applicable law of the United States.
Sec. 812. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2006, by this
or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2006, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(2) during the period consisting of the remainder of fiscal
year 2006, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of--
(A) the percentage adjustment taking effect in fiscal year
2006 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2006 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which subsection (a) is in effect at a
rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such
employee.
(c) For the purposes of this section, the rates payable to
an employee who is covered by this section and who is paid
from a schedule not in existence on September 30, 2005, shall
be determined under regulations prescribed by the Office of
Personnel Management.
(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject
[[Page S11399]]
to this section may not be changed from the rates in effect
on September 30, 2005, except to the extent determined by the
Office of Personnel Management to be consistent with the
purpose of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 2005.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit
or require the payment to any employee covered by this
section at a rate in excess of the rate that would be payable
were this section not in effect.
(h) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this section if the
Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
Sec. 813. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Government appointed by the President of the
United States, holds office, no funds may be obligated or
expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is expressly approved by the Committees on
Appropriations. For the purposes of this section, the term
``office'' shall include the entire suite of offices assigned
to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled
by the individual.
Sec. 814. Notwithstanding section 1346 of title 31, United
States Code, or section 809 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of national security
and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or
entities, as provided by Executive Order No. 12472 (April 3,
1984).
Sec. 815. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from
the competitive service pursuant to section 3302 of title 5,
United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C
appointee that the Schedule C position was not created solely
or primarily in order to detail the employee to the White
House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services detailed
to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence
through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department
of Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
(7) the Director of National Intelligence or the Office of
the Director of National Intelligence.
Sec. 816. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for the current fiscal year shall obligate or
expend any such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in
violation of title VII of the Civil Rights Act of 1964
(Public Law 88-352, 78 Stat. 241), as amended, the Age
Discrimination in Employment Act of 1967 (Public Law 90-202,
81 Stat. 602), and the Rehabilitation Act of 1973 (Public Law
93-112, 87 Stat. 355).
Sec. 817. No part of any appropriation contained in this or
any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 818. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 819. No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive
Order No. 12958; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title
10, United States Code, as amended by the Military
Whistleblower Protection Act (Public Law 100-456) (governing
disclosure to Congress by members of the military); section
2302(b)(8) of title 5, United States Code, as amended by the
Whistleblower Protection Act (Public Law 101-12) (governing
disclosures of illegality, waste, fraud, abuse or public
health or safety threats); the Intelligence Identities
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing
disclosures that could expose confidential Government
agents); and the statutes which protect against disclosure
that may compromise the national security, including sections
641, 793, 794, 798, and 952 of title 18, United States Code,
and section 4(b) of the Subversive Activities Act of 1950 (50
U.S.C. 783(b)). The definitions, requirements, obligations,
rights, sanctions, and liabilities created by said Executive
order and listed statutes are incorporated into this
agreement and are controlling.'': Provided, That
notwithstanding the preceding paragraph, a nondisclosure
policy form or agreement that is to be executed by a person
connected with the conduct of an intelligence or
intelligence-related activity, other than an employee or
officer of the United States Government, may contain
provisions appropriate to the particular activity for which
such document is to be used. Such form or agreement shall, at
a minimum, require that the person will not disclose any
classified information received in the course of such
activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress or
to an authorized official of an executive agency or the
Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 820. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 821. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 822. None of the funds made available in this Act or
any other Act may be used to provide any non-public
information such as mailing or telephone lists to any person
or any organization outside of the Federal Government without
the approval of the Committees on Appropriations.
Sec. 823. No part of any appropriation contained in this or
any other Act shall be used for publicity or propaganda
purposes within the United States not heretofor authorized by
the Congress.
Sec. 824. (a) In this section the term ``agency''--
(1) means an Executive agency as defined under section 105
of title 5, United States Code;
(2) includes a military department as defined under section
102 of such title, the Postal Service, and the Postal Rate
Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under section
6301(2) of title 5, United States
[[Page S11400]]
Code, has an obligation to expend an honest effort and a
reasonable proportion of such employee's time in the
performance of official duties.
Sec. 825. Notwithstanding 31 U.S.C. 1346 and section 809 of
this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Joint Financial Management Improvement Program
(JFMIP), shall be available to finance an appropriate share
of JFMIP administrative costs, as determined by the JFMIP,
but not to exceed a total of $800,000 including the salary of
the Executive Director and staff support.
Sec. 826. Notwithstanding 31 U.S.C. 1346 and section 810 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide financial, information technology,
procurement, and other management innovations, initiatives,
and activities, as approved by the Director of the Office of
Management and Budget, in consultation with the appropriate
interagency groups designated by the Director (including the
Chief Financial Officers Council and the Joint Financial
Management Improvement Program for financial management
initiatives, the Chief Information Officers Council for
information technology initiatives, the Chief Human Capital
Officers Council for human capital initiatives, and the
Federal Acquisition Council for procurement initiatives). The
total funds transferred or reimbursed shall not exceed
$17,000,000. Such transfers or reimbursements may only be
made 15 days following notification of the Committees on
Appropriations by the Director of the Office of Management
and Budget.
Sec. 827. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 828. Nothwithstanding section 1346 of title 31, United
States Code, or section 809 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of specific projects,
workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall
provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science; and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 829. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall indicate the agency providing the funds, the Catalog of
Federal Domestic Assistance Number, as applicable, and the
amount provided: Provided, That this provision shall apply to
direct payments, formula funds, and grants received by a
State receiving Federal funds.
Sec. 830. Subsection (f) of section 403 of Public Law 103-
356 (31 U.S.C. 501 note), as amended, is further amended by
striking ``October 1, 2005'' and inserting ``October 1,
2006'': Provided, That this provision shall not apply to the
Department of Homeland Security.
Sec. 831. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 832. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 833. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official
anti-doping agency for Olympic, Pan American, and Paralympic
sport in the United States.
Sec. 834. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and
agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
program.
Sec. 835. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this Act or
any other appropriations Act may be used to implement or
enforce restrictions or limitations on the Coast Guard
Congressional Fellowship Program, or to implement the
proposed regulations of the Office of Personnel Management to
add sections 300.311 through 300.316 to part 300 of title 5
of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003
(relating to the detail of executive branch employees to the
legislative branch).
Sec. 836. Each Executive department and agency shall
evaluate the creditworthiness of an individual before issuing
the individual a government purchase charge card or
government travel charge card. The department or agency may
not issue a government purchase charge card or government
travel charge card to an individual that either lacks a
credit history or is found to have an unsatisfactory credit
history as a result of this evaluation: Provided, That this
restriction shall not preclude issuance of a restricted-use
charge, debit, or stored value card made in accordance with
agency procedures to: (1) an individual with an
unsatisfactory credit history where such card is used to pay
travel expenses and the agency determines there is no
suitable alternative payment mechanism available before
issuing the card; or (2) an individual who lacks a credit
history. Each Executive department and agency shall establish
guidelines and procedures for disciplinary actions to be
taken against agency personnel for improper, fraudulent, or
abusive use of government charge cards, which shall include
appropriate disciplinary actions for use of charge cards for
purposes, and at establishments, that are inconsistent with
the official business of the Department or agency or with
applicable standards of conduct.
Sec. 837. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect
in fiscal year 2006 under sections 5303 and 5304 of title 5,
United States Code, shall be an increase of 3.1 percent, and
this adjustment shall apply to civilian employees in the
Department of Defense and the Department of Homeland Security
and such adjustments shall be effective as of the first day
of the first applicable pay period beginning on or after
January 1, 2006.
(b) Notwithstanding section 812 of this Act, the adjustment
in rates of basic pay for the statutory pay systems that take
place in fiscal year 2006 under sections 5344 and 5348 of
title 5, United States Code, shall be no less than the
percentage in paragraph (a) as employees in the same location
whose rates of basic pay are adjusted pursuant to the
statutory pay systems under section 5303 and 5304 of title 5,
United States Code. Prevailing rate employees at locations
where there are no employees whose pay is increased pursuant
to sections 5303 and 5304 of title 5 and prevailing rate
employees described in section 5343(a)(5) of title 5 shall be
considered to be located in the pay locality designated as
``Rest of US'' pursuant to section 5304 of title 5 for
purposes of this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department
or agency for salaries and expenses for fiscal year 2006.
Sec. 838. (a) Not later than 180 days after the end of the
fiscal year, the head of each Federal agency shall submit a
report to Congress on the amount of the acquisitions made by
the agency from entities that manufacture the articles,
materials, or supplies outside of the United States in that
fiscal year.
(b) The report required by subsection (a) shall separately
indicate--
(1) the dollar value of any articles, materials, or
supplies purchased that were manufactured outside of the
United States;
(2) an itemized list of all waivers granted with respect to
such articles, materials, or supplies under the Buy American
Act (41 U.S.C. 10a et seq.); and
(3) a summary of the total procurement funds spent on goods
manufactured in the United States versus funds spent on goods
manufactured outside of the United States.
(c) The head of each Federal agency submitting a report
under subsection (a) shall make the report publicly available
to the maximum extent practicable.
[[Page S11401]]
(d) This section shall not apply to acquisitions made by an
agency, or component thereof, that is an element of the
intelligence community as set forth in or designated under
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
Sec. 839. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or
lease any additional facilities, except within or contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is
authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center
facilities.
Sec. 840. Notwithstanding section 1346 of title 31, United
States Code, and section 809 of this Act and any other
provision of law, the head of each appropriate executive
department and agency shall transfer to or reimburse the
Federal Aviation Administration, upon the direction of the
Director of the Office of Management and Budget, funds made
available by this or any other Act for the purposes described
below, and shall submit budget requests for such purposes.
These funds shall be administered by the Federal Aviation
Administration, in consultation with the appropriate
interagency groups designated by the Director and shall be
used to ensure the uninterrupted, continuous operation of the
Midway Atoll Airfield by the Federal Aviation Administration
pursuant to an operational agreement with the Department of
the Interior for the entirety of fiscal year 2006 and any
period thereafter that precedes the enactment of the
Transportation, Treasury, the Judiciary, Housing and Urban
Development, and Related Agencies Appropriations Act, 2006.
The Director of the Office of Management and Budget shall
mandate the necessary transfers after determining an
equitable allocation between the appropriate executive
departments and agencies of the responsibility for funding
the continuous operation of the Midway Atoll Airfield based
on, but not limited to, potential use, interest in
maintaining aviation safety, and applicability to
governmental operations and agency mission. The total funds
transferred or reimbursed shall not exceed $6,000,000 for any
twelve-month period. Such sums shall be sufficient to ensure
continued operation of the airfield throughout the period
cited above. Funds shall be available for operation of the
airfield or airfield-related capital upgrades. The Director
of the Office of Management and Budget shall notify the
Committees on Appropriations of such transfers or
reimbursements within 15 days of this Act. Such transfers or
reimbursements shall begin within 30 days of enactment of
this Act.
Sec. 841. Section 4(b) of the Federal Activities Inventory
Reform Act of 1998 (Public Law 105-270) is amended by adding
at the end the following new paragraph:
``(5) Executive agencies with fewer than 100 full-time
employees as of the first day of the fiscal year. However,
such an agency shall be subject to section 2 to the extent it
plans to conduct a public-private competition for the
performance of an activity that is not inherently
governmental.''.
Sec. 842. Unless otherwise authorized by existing law, none
of the funds provided in this Act or any other Act, may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the
United States unless the story includes a clear notification
within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 843. Competitive Sourcing. (a) Requirement for Public-
Private Competition.--
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this or any other Act shall be
available to convert to contractor performance an activity or
function of an executive agency, that on or after the date of
enactment of this Act, is performed by more than 10 Federal
employees unless--
(A) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function; and
(B) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the executive agency by an amount that
equals or exceeds the lesser of--
(i) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(ii) $10,000,000.
(2) This paragraph shall not apply to--
(A) a commercial or industrial type function that--
(i) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41
U.S.C. 47); or
(ii) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act.
(B) depot contracts or contracts for depot maintenance as
provided in sections 2469 and 2474 of title 10, United States
Code; or
(C) activities that are the subject of an ongoing
competition that was publicly announced prior to the date of
enactment of this act.
(b) Use of Public-Private Competition.--Nothing in Office
of Management and Budget Circular A-76 shall prevent the head
of an executive agency from conducting a public-private
competition to evaluate the benefits of converting work from
contract performance to performance by Federal employees in
appropriate instances. The Circular shall provide procedures
and policies for these competitions that are similar to those
applied to competitions that may result in the conversion of
work from performance by Federal employees to performance by
a contractor.
This Act may be cited as the ``Transportation, Treasury,
the Judiciary, Housing and Urban Development, and Related
Agencies Appropriations Act, 2006''.
Mr. BOND. Mr. President, I ask unanimous consent that the amendment
at the desk to the substitute be agreed to, the committee substitute
now as amended be agreed to, and it be considered as original text for
the purpose of further amendment, with no points of order waived by
virtue of this agreement.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2060) was agreed to, as follows:
Amendment No. 2060
Strike section 719.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
Mr. BOND. Mr. President, it is with pleasure that I rise, after 2\1/
2\ months of waiting, to introduce the Transportation, Treasury, HUD,
Judiciary, and related agencies fiscal year 2006 appropriations bill.
My invaluable partner, the distinguished Senator from Washington, is
being held up by airline delays, something that most of us in this body
are acquainted with, so I will go ahead and present my opening
statement and open the floor for business and reserve her time until
she is able to get here.
This bill is the first real appropriations product of a brand-new
subcommittee that grew out of the reorganization of the Senate
Appropriations Committee from earlier this year. It is a substantial
and complex bill that will have a significant and, we hope, positive
impact on every State and community in this Nation, as it covers, among
other things, every mode of transportation, financial services, and IRS
requirements, as guided by the Department of Treasury, the Federal
responsibility for housing and economic development under HUD, as well
as the funding for the executive office of the President, for the
Federal judicial system, and for other related agencies, such as GSA,
OPM, and the Postal Service.
My view is that this is a good product, as good a product as we could
have produced given the circumstances in our allocation. I give
tremendous credit and thanks to my friend and colleague, the ranking
member, Senator Murray, for her hard work, dedication, and commitment
to working with me in a bipartisan manner to craft this legislation. As
I said, this is a brand-new bill for us, for our staffs, and for this
body to consider. I think it is a good bill and that is due, in no
small part, because of the participation of Senator Murray and her
partnership with me in the legislative process. I look forward to
working with her through conference and final passage.
We started with a budget that severely underfunded many of the
important programs in this bill. These are programs that historically
have been supported in large numbers by the Members this body.
Thankfully, in most cases we have been able to restore many of the cuts
and shortfalls, and for that we especially thank Chairman Cochran and
the ranking member, Senator Byrd, who demonstrated their understanding
and sensitivity to the needs of the Transportation-Treasury
appropriations subcommittee. Without Chairman Cochran's help and
Senator Byrd's acquiescence, we would have been unable to meet the
funding needs of most of our programs, as well as Members' priorities.
This bill as well is within our section 302(b) allocation of $65.819
billion of budget authority and $122.064 billion in outlays.
In particular, despite our fiscal limitations, we worked diligently
to ensure that transportation programs in this bill are adequately
funded. One of our highest priorities in fashioning the bill was to
meet the Federal responsibilities to provide funding for the safety,
construction, and maintenance of our highways, transit systems, and
airports. Funding of our Nation's transportation infrastructure, and
especially for our highway and road network, creates jobs and promotes
economic growth. More importantly, it
[[Page S11402]]
guarantees the continued growth of our economic infrastructure by which
we serve our markets throughout the Nation and ultimately the world.
Our transportation system, the system that brought our country together
in the 19th century, is still the heart and the arteries by which we
pump our goods and products, which guarantees our current and future
prosperity in the national and international marketplace. We cannot
afford to shortchange this system.
Moreover, the delay in passing the surface transportation
authorization, SAFETEA, made it difficult to recommend funding for the
Federal Highway Administration, Federal Transit Administration,
National Highway Traffic Safety Administration, and Federal Motor
Carrier Safety Administration. I will not go into reasons for the delay
in that, having had a hand in that operation, as has the occupant of
the chair. He and I both did. In many cases, the committee funding
levels for this bill were based on our best guess on how a program
would fare in the authorization process.
Some guesses were better than others.
Clearly, a number of changes will have to be made to this
appropriations bill to be more consistent with safety. I am exited to
be addressing these issues in conference.
Next, the bill provides $14.78 billion for the Federal Aviation
Administration. This is approximately $400 million more than the
request. The recommendation includes $14.3 million to hire safety
inspectors and to accelerate restoring the inspector staffing level. It
also adds $4 million to restore engineering and inspector staffing at
the Office of Certification so that new equipment and technologies can
be approved for use in aviation and so that our Nation can retain
leadership in aviation.
I am pleased to announce that the bill does not cut the Airport
Improvement Program by $500 million as proposed in the budget request.
Also, on the good news side, we have been able to fund Amtrak at $1.45
billion while taking some incremental steps to reform how Amtrak
conducts its business. These reforms include enforcement of a
prohibition currently in law that prohibits Amtrak from subsidizing
losses from its food and beverage service. Most people can't believe it
when we tell them that Amtrak currently spends $2 for every $1 received
for food and beverage service. We can no longer afford to pay for that
luxury while failing to address the operational shortfall and serve
infrastructure needs in the Northeast corridor.
This bill also authorizes Amtrak to impose a Federal surcharge on
tickets to address infrastructure needs. This surcharge will only go
into effect upon a finding by Amtrak that such surcharges would not
depress ticket sales.
Finally, we would allow Amtrak to establish assessments on commuter
rail authorities for their use of Amtrak-owned rail segments as another
way to begin addressing the capital needs of the Northeast corridor.
These are modest but we believe very significant attempts to offset
some of the costs that we cannot and should not provide.
I am also very supportive of the efforts of Senator Stevens and
Senator Lott to move a comprehensive Amtrak reform bill through the
Commerce Committee that will balance the funding needs for all Amtrak
rail service.
We hope our modest attempts to offset certain costs can be seen as a
stepping stone to the Commerce Committee's reform bill. There is one
major disappointment in this operation, however, and that is the
administration's posture on Amtrak funding and reform. The
administration has threatened to veto this bill if the Amtrak funding
level of $1.45 billion is maintained without substantial reform.
I have no problem with reform and indeed recognize its need. But the
sad fact is, the administration has failed to provide adequate guidance
and/or leadership on this issue. Even more troubling is the
administration's position that even were adequate reform to be
proposed, OMB would not provide the budget amendment to supplement the
$360 million recommended in the administration's 2006 budget, and $360
million is likely not even enough to support the cost of bankruptcy for
Amtrak which would be a tremendously costly financial and economic
burden to the Nation and send Amtrak into chaos and great consternation
for the people throughout the Nation.
For the Department of Treasury, the bill provides about $11.7 billion
for fiscal year 2006. This amount is about $50 million above the budget
request and some $475 million above the fiscal year 2005 enacted level.
To help fight the war on terrorism, we have provided full funding for
the Treasury's Office of Terrorism and Financial Intelligence. I
strongly support Treasury's antiterrorism efforts. I commend them on it
because I believe this is a vital and unique role in cutting off
financial assistance to terrorist organizations, and without that
assistance they will not be nearly as robust, and they will not provide
nearly the challenge to our safety and security that they would were we
not able to cut off these ties.
There has been a lot of talk and Members here and people across the
country are concerned about the so-called ``tax gap''--the difference
between what is actually collected and what is owed. To help close that
gap we continue providing for taxpayer services. We have provided $10.7
billion for the IRS, including $6.9 billion for tax enforcement
activities. This amount is $443 million above the fiscal year 2005
enacted level.
These additional funds will help ensure that there will be less fraud
and that honest taxpayers will have a greater level of confidence in
our tax system. If average citizens do not believe others are paying
what they owe, there is much less incentive to do the right thing and
pay the taxes that are owed.
We provided full funding for IRS's modernization efforts through its
business system modernization program. Currently, this program is IRS's
highest management and administrative priority.
Turning to the Federal judiciary, the bill includes a total
appropriation of $5.8 billion which is a 6.5-percent increase over the
fiscal year 2005 enacted level. This represents the funding necessary
to meet the judiciary's fiscal year 2006 funding needs.
For HUD, the bill provides some $30.6 billion for fiscal year 2006,
an increase of $5.6 billion over the request for Housing and Urban
Development activities. These additional funds include almost $4.35
billion for the Community Development Fund and the CDBG which was
slated for elimination through a reduction of over 30 percent of the
funding, and consolidation and submersion of the activities along with
other programs into a new grant program within the Department of
Commerce which, in my view, does not have the expertise and should not
be involved in Housing and Urban Development's very well connected
activities.
This bill also reduces a proposed rescission of ``excess'' section 8
funds from $2.5 billion to $1.5 billion. Neither HUD nor the Office of
Management and Budget, when called before our committee, could identify
the rescission source. We asked them: Where is the money coming from?
They said: Well, we do not know, but it has been there in the past.
I explained to them that our Appropriations Committee had worked with
HUD and OMB to change the manner of allocating HUD section 8 funds so
there would not be that amount left over. Nevertheless, they chose to
ignore that process in which they had been deeply involved, and asking
for $2.5 billion when we don't see any evidence that they know it is
there would result in cuts to priority programs, such as programs for
the homeless, section 202 housing for the elderly, housing for people
with AIDS, public housing, and the very important home program that
gives local governments the resources to make housing-targeted
investments in their own community.
In addition, I am happy to report that we have adequately funded
almost all HUD programs at a minimum of last year's level, which is
generally higher than the request.
Moving next to the Executive Office of the President, we basically
funded them at the request level, acceding to their request to merge
the Office of Policy Development into the White House Office Salaries
and Expenses Account as the administration requested.
We have also fully funded the High Intensity Drug Trafficking Areas
Program at $227 million despite the budget
[[Page S11403]]
request which would have funded it at $100 million in the Department of
Justice.
My colleagues and I know from listening to law enforcement personnel
in our States that this has been a critically important program which
has been successful throughout the Nation in helping to root out and
eradicate methamphetamine production, marijuana and ecstasy use, as
well as heroin and cocaine importation. This program was especially
important in Missouri where methamphetamine production and use has
reached almost epidemic proportions. It absolutely affects and taints
every community in this Nation, no matter how large or how small. The
toll of methamphetamine production, distribution, use, and addiction is
something that Missouri has found much to our distress as we have
become one of the leaders in its use, and the Nation has a far too high
price to pay in human terms as well as in economic terms.
Finally, we are facing a crisis precipitated by Hurricanes Katrina
and Rita in Louisiana, Mississippi, Alabama, and Texas. The extent of
the damage and human tragedy in New Orleans and parts of Louisiana
because of these hurricanes is virtually unprecedented in the history
of natural disasters in our Nation.
While there is much to be done, I am optimistic and confident that
the Nation will do what is necessary to overcome this tragedy.
I am hopeful that Members will wait until the coming Katrina and Rita
supplemental to offer amendments. A piecemeal approach on different
appropriations bills is not the way to go. I understand the urge to
want to do something immediately, but we learned a lot of lessons in
New York from 9/11 and previous natural disasters, and we need to apply
those lessons carefully, consistently, and in a comprehensive manner to
New Orleans, to the States of Louisiana, Mississippi, and Alabama.
What we need first is a fully functioning FEMA with leadership and
adequate resources. I believe the administration is taking the needed
steps to reach that goal. While there are still things needing to be
done, FEMA has all the necessary authority and funding to meet all the
current initial needs. FEMA has the know-how and the people on the
ground. It is slow going, no doubt, but it is beginning to work. Once
the initial assessment is complete, then and only then is the time to
add additional necessary funding and the needed authorities for other
Federal agencies to help the Katrina-Rita recovery efforts.
For example, this means education assistance to ensure available,
good educational opportunities and continuity in that education. It
means any needed unemployment assistance and job creation initiatives
as we rebuild the New Orleans area. It means housing vouchers and other
housing assistance options. It means establishing new entities such as
a local public benefit corporation similar to the Lower Manhattan
Development Corporation which was created in the aftermath of 9/11 as a
way to rebuild Manhattan. It means rebuilding roads and much of the
transportation infrastructure. It means special health care assistance.
And it means EPA environmental contamination assistance to complete the
cleanup of the disaster area.
I think we also need to look closely at how best to rebuild New
Orleans and the surrounding parishes. As we have long known--especially
now that Katrina and Rita have delivered such a devastating wake-up
blow--much of New Orleans is below sea level and likely will remain
exposed and vulnerable to some level of annual flooding, to the type of
horrific damage and loss of life that was caused by Katrina and Rita.
I do not think it is enough just to build stronger and bigger levees.
The plan must be more thoughtful, and we will need to ensure that the
poorest households, including those who live in public and assisted
housing, are not just relocated to the most risky neighborhoods. In
fact, we must think hard about whether to rebuild many of the
neighborhoods most at risk of hurricane damage and flooding.
I also strongly urge that any rebuilding plans try to ensure those
persons and families who have been displaced by Katrina and Rita are
given an opportunity to rebuild their communities and a right of first
refusal to any housing that is rebuilt. However, let me emphasize that
this is not the right bill on which to rush to create and fund new
programs. There will be another supplemental in the next week or so,
and that bill is the appropriate vehicle in which to seek funding and
establish new programs as appropriate.
I understand everyone wants to help and to do what is right. However,
we must proceed thoughtfully. We need to work together based on
knowledge and need.
As for the progress on this bill, I understand from the leadership
that they are looking for a vote that would be held at 5:30. We are
preparing to offer that amendment.
I make a particular point to my colleagues and staff who are
listening that we are open for business. This bill has been hanging out
there since mid-July. People have had an opportunity to look at it. I
hope Members with well-crafted, relevant amendments will come forward
in order to get this bill completed without further disruption to the
vital entities and activities we fund. We would like to finish it, if
possible, by Wednesday night. At this juncture we do not know how many
amendments will be offered. I ask all staff involved to let the
majority and minority staff know what amendments Members are planning
to propose, when Members are planning to propose them. We will work
with you. If they are ones we can accept, we would like to do that.
It is imperative to continue the activities not just of the Treasury
and other governmental agencies but for Transportation, for Housing and
Urban Development, to move forward on this bill so they will know the
funds are available.
Amendment No. 2061
I send an amendment to the desk and ask for its immediate
consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Missouri [Mr. Bond] proposes an amendment
numbered 2061.
Mr. BOND. I ask unanimous consent the reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: Clarifies the ability of HUD to recover assets used in
violation of a regulatory agreement)
Insert the following on page 348, after line 5, and
renumber sections accordingly:
Sec. 321. Section 421 of the Housing and Community
Development Act of 1987 (12 U.S.C. Sec. 1715z-4a) is
amended--
(1) in subsection (a)(1)(A), by inserting after ``is'' the
following: ``or, at the time of the violations, was''; and
(2) in subsection (a)(1)(C), by inserting after ``held''
the following: ``or, at the time of the violations, was
insured or held''.
Mr. BOND. I understand there is a previous order and a vote will
occur at 5:30. Has that agreement been reached?
The PRESIDING OFFICER. No formal agreement has been reached to that
effect.
Mr. BOND. We will hope to set that time as soon as we get concurrence
from the leadership on both sides.
With that, I will explain briefly what this amendment does. It
revises section 421 of the Housing and Community Act of 1987 to clarify
HUD's authority to recover any assets or income of a multifamily
project where those funds are used in violation of the project's
regulatory agreement.
This provision is intended to ensure that HUD and the Federal
Government can recover losses from owners of multifamily housing who
have intentionally and fraudulently skimmed equity from an FHA-insured
project for their own benefit. Without this technical correction, HUD
ends up paying the lender the value of a defaulted FHA-insured mortgage
that should have been paid off by the owner of a multihousing project
out of rent receipts. Too often, the FHA or, more specifically, the
pockets of the taxpayers of the United States fund the loss.
In the year 2000, the U.S. District Court for the Eastern District of
Missouri issued an unpublished decision in United States v. Crosswinds
which effectively holds that the U.S. Government may only bring actions
to recover assets used in violation of a regulatory agreement if HUD
holds or insures the mortgage covering the multifamily project both at
the time of the
[[Page S11404]]
regulatory agreement violation and at the time that recovery action is
filed in district court.
As a practical matter, HUD often disposes of a property or a mortgage
long after it has an opportunity to act on an owner's misuse of
property assets by equity skimming. This makes the current statute
essentially a nullity, with a practical consequence that HUD is unable
to pursue a recovery of assets no matter how abusive an owner has been.
That was never the intent of the statute. With this amendment we are
revising the section in accordance with the original intent of the
legislation. Without this authority, HUD and the Department of Justice
have limited or no ability to recover assets from owners who have
intentionally defrauded the Government by pocketing funds that are
derived from rents paid by tenants and intended to be used to pay the
outstanding obligation on an FHA-insured mortgage.
I will wait for a leadership agreement and at that time I will ask
for the yeas and nays on this amendment. For the information of our
colleagues, we were initially advised that timeframe would be 5:30, so
that is the timeframe we are working out, but we are still waiting to
hear from the leadership.
I yield the floor.
The PRESIDING OFFICER. The Senator from North Dakota.
Mr. DORGAN. I am told that Senator Murray, the ranking member of this
appropriations subcommittee, is delayed but apparently has landed and
is on her way to the Senate. It would be, I am sure, her intention to
offer an opening statement.
Mr. BOND. We reserved time.
Mr. DORGAN. If it is all right with the chairman of the subcommittee
to speak in morning business for 10 minutes, with the understanding if
Senator Murray arrives during that time I will be happy to relinquish
the floor.
Mr. BOND. No objection.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The remarks of Mr. Dorgan are printed in today's Record under
``Morning Business.'')
Mr. DORGAN. Mr. President, I yield the floor and suggest the absence
of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BOND. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BOND. Mr. President, what my colleague from North Dakota has just
talked about is one of the mind-boggling events that has all of us not
only stumped but outraged. I believe it is long past due that we get
tight control over how the money is being spent.
As we talk about the need to offset moneys going to the disaster, the
first place we ought to look is money that might otherwise be wasted.
So I believe that while there is going to be a significant Federal
investment, it needs to be refined, targeted, and managed effectively
so we will not see examples of this, the rental of cruise ships and
other items that make no sense.
Now, Mr. President, I believe this request has been cleared by both
sides. I ask unanimous consent that at 5:30 today, the Senate proceed
to a vote in relation to the pending Bond amendment No. 2061, with no
second degrees in order to the amendment prior to the vote.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. BOND. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Mr. BOND. Mr. President, I thank the Chair.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. KYL. Mr. President, I ask the Chair, do I need to ask unanimous
consent to set aside the pending business to offer an amendment, or may
I simply offer an amendment at this time?
The PRESIDING OFFICER. The pending amendment must be laid aside.
Mr. KYL. Mr. President, I ask unanimous consent that be done so I can
offer an amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 2062
Mr. KYL. Mr. President, I send an amendment to the desk and ask for
its consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Arizona [Mr. Kyl], for himself, Mr.
Santorum, and Mr. Cornyn, proposes an amendment numbered
2062.
Mr. KYL. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To provide that Members of Congress shall not receive a cost
of living adjustment in pay during fiscal year 2006)
At the appropriate place, insert the following:
SEC. __. NO COST OF LIVING ADJUSTMENT FOR MEMBERS OF
CONGRESS.
Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of
living adjustments for Members of Congress) during fiscal
year 2006.
Mr. KYL. Mr. President, I will simply describe the amendment's
content.
What this amendment does is provide that for this coming year--the
fiscal year which began this October--the annual COLA for Members of
Congress not go into effect. That pay increase, in effect, is estimated
to be at about 1.9 percent for Members of Congress, and it actually
takes effect in January or February. The amendment is projected to save
about $2 million for the Federal Treasury.
Mr. President, as you know, some years the COLA has gone into effect
and other years Congress has not had the COLA go into effect for
Members of Congress. The reason for not having it go into effect this
year, frankly, is symbolic. We know we are going to be spending a lot
of taxpayer dollars to help rebuild the gulf coast area following the
hurricane and the related events to that. We also know that unless we
find ways to offset that spending, we are going to go further into
debt, that our deficit for this year will increase. So the leaders of
both the House and the Senate have asked the various committees to find
ways to reduce spending in other areas so we can offset some of the
expense of this reconstruction with that reduced spending.
It seemed to me and others--and I will ask unanimous consent in a
moment to have some others added as original cosponsors--one way we
might encourage others to come forth with potential savings is to
demonstrate we ourselves are willing to forgo this COLA, this cost-of-
living increase, for this coming year. As I said, while it is not a lot
of money in the overall Federal budget, for each Member of the Senate,
obviously, it represents an increase in salary that I am sure would be
appreciated by all of our families. Nonetheless, it is a contribution
we can make to these rebuilding efforts. I hope my colleagues will
agree with me this would be an appropriate thing to do.
Mr. President, I ask unanimous consent that Senators Santorum and
Cornyn be added as original cosponsors of the amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. KYL. Mr. President, just one other point. The 2006 budget
resolution instructions require savings of $34.7 billion. The House is
expected to modify that resolution to increase the amount of savings to
at least $50 billion for the expenditures I talked about earlier.
We have approved already about $71 billion, approximately $20 billion
of which has already been spent, as I am informed, for the Katrina-
related relief spending. That is why it seems to me it would be useful
to demonstrate our commitment to offsetting part of this spending so
that the budget deficit for this year and eventually the debt of the
United States would not be unduly increased as a result of our desire
to rebuild part of the gulf coast following the hurricane.
I hope at the appropriate time my colleagues will agree with me that
this is a gesture the Members of the Senate ought to make and that we
can make and that it will help us in the overall goal we have of trying
to watch taxpayer dollars as much as we can and
[[Page S11405]]
ensure we do not spend unnecessarily, notwithstanding our commitment to
try to rebuild after that tragedy in the gulf coast.
Mr. President, if there is no one else to speak, I suggest the
absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BAUCUS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Burr). Without objection, it is so
ordered.
(The remarks of Mr. Baucus are printed in today's Record under
``Morning Business.'')
The PRESIDING OFFICER. The Senator from Washington.
Mrs. MURRAY. Mr. President, I am very pleased that the Senate is now
considering the Transportation-Treasury bill, formally known as H.R.
3058. It is the appropriations bill for the Departments of
Transportation, Treasury, the Judiciary, Housing and Urban Development,
and related agencies for fiscal year 2006.
This bill covers areas such as infrastructure, public housing, and
the judiciary that are critical to millions of American families and to
keeping our economy strong. For our country to reach its full
potential, we need to invest in the priorities that are in this bill.
Today, many people do not feel very secure about the future. They feel
as though they are one slip away from losing their job, or they are
worried about the fact that they will not be able to retire or to pay
for a trip to the doctor if their child gets sick.
To make America strong again, we need to invest at home. We need to
invest in our communities, in our schools, in our people, and in our
infrastructure. That is what the bill now before us does.
In the last few months, we have seen how important it is to have a
strong and reliable infrastructure. Tonight I want to offer my
colleagues an overview of what this bill funds and some of the most
important investments, but first I want to note that several things
have changed since last year.
As my colleagues know, our Senate subcommittee has changed
significantly. Last year, three separate appropriations subcommittees
were responsible for funding the agencies that are now in this bill.
Even so, the Senate did not have the opportunity to debate and amend
any of the appropriations bills that funded these agencies. Since then,
the Appropriations Committee has been restructured. As a result, this
bill was crafted by one new and very much larger committee. We now have
19 members. Only the Defense Subcommittee is as large.
Fortunately for all of us, we have Senator Bond as our very able
chairman. Senator Bond has demonstrated his skill and fair-mindedness
time and again during his leadership of the former VA Subcommittee.
This year, he continues to demonstrate his leadership, and the proof is
in this bill. It was reported unanimously by both the subcommittee and
the full Appropriations Committee back in July.
In addition to the changes we witnessed in the last year, we have
seen dramatic changes in the 12 weeks since we marked up this bill.
First and foremost has been the devastation of Hurricanes Katrina and
Rita. More than 1 million people were forced to evacuate the region,
including low-income citizens who remain eligible for housing
assistance from HUD. Today, because of the devastation, even more
people are eligible for Federal housing assistance.
Other Federal agencies that are funded in this bill have responded to
the hurricanes. In the Department of Transportation, the Maritime
Administration has deployed ships from the Ready Reserve fleet to the
gulf to assist in recovery efforts. DOT personnel have also been
involved in the effort to obtain trucks and buses to move personnel and
equipment. Amtrak assisted in the evacuation of storm victims from both
New Orleans and Houston. The hurricanes showed us that we need workable
plans to evacuate large numbers of low-income residents who depend on
public transit. I truly hope the Department of Transportation and FEMA
are hard at work on those plans.
In the judiciary, Hurricane Katrina has required the emergency
relocation of 36 Federal judges and more than 400 staff. The New
Orleans office of the Fifth Circuit Court of Appeals has been
abandoned, as have the Federal District and Bankruptcy Courts for
Eastern Louisiana and Southern Mississippi.
Another change since we marked up this bill in July concerns energy
prices. Back in late July, the average price per gallon of regular
gasoline was $2.27. Today it is more than 25 percent higher. Gas costs
more than $3 a gallon in many parts of our country. High gas prices are
hurting our families, our businesses, and our communities. This price
spike is already causing revenues to our Federal and State
transportation trust funds to diminish. That could have a serious
impact on the ability of our States to finance their highest priority
road projects.
The recent spike in fuel prices has also further undermined the
financial condition of the Nation's airlines. Since we first marked up
this bill, another two major U.S. carriers and one regional carrier
have entered bankruptcy. That threatens the long-term availability of
air service to the communities across the country and to tens of
thousands of jobs.
Also, since we first marked up this appropriations bill, we passed
the authorization bill and made significant progress on Amtrak reform.
First, just prior to the August recess, thanks again to the very able
work of Chairman Bond, the Congress passed the conference report on the
surface transportation bill, now known as SAFETEA-LU. This law will now
guide the direction of our Federal highway, transit, and highway safety
programs for the next 5 years.
Secondly, following the markup of this bill, the Senate Commerce
Committee reported a comprehensive Amtrak reform bill. That bill has
yet to come before the Senate, but it is important legislation that
must inform this subcommittee's deliberations going forward.
So as I said earlier, we have seen some dramatic and in some cases
tragic changes since the Appropriations Committee first reported this
bill. But even with those changes, this bill deserves the strong
bipartisan support of the Senate.
This bill totals more than $141.4 billion. That is more than $11.6
billion over the President's request. I think the best feature of this
bill is that it rejects many of the painful and unwise cuts that were
proposed in the President's budget. Whether it is funding to continue
rail service in the country or building new runways to relieve
congestion at our airports, to construct new housing for low-income
seniors and for our disabled; whether it is to invest in community
development or provide needed assistance to taxpayers or aggressively
enforce our drug laws, this bill rejects the President's painful cuts.
Instead, our bill invests the funds to make our world safer and advance
the needs of our infrastructure and our people.
I thank Chairman Cochran and Senator Byrd for providing our
subcommittee with the necessary allocation so we could make these
critical investments. Chairman Bond also deserves a great deal of
credit for ensuring that even with so many new programs now under our
jurisdiction, every program was thoroughly reviewed and considered.
I thank Chairman Bond for treating me as a full partner in this
endeavor. His door has always been open to me. While we do not see eye
to eye on every funding level and every provision in the bill, I think
the bill we are considering is truly an effort at bipartisan consensus,
and I thank the chairman for that.
I would like to review some of the priorities in this bill, starting
with aviation. This bill rejects the administration's proposal to slash
funding for our Nation's airports. It also preserves funding for the
essential Air Service Program so that rural communities across the
country will continue to receive air service.
I am also pleased that the bill attempts to boost hiring of our air
safety inspectors at the FAA. Last year this committee fully funded the
President's request for safety inspectors. What happened? The FAA
downsized that office by more than 300 people. With the Nation's
airlines in turmoil and all the
[[Page S11406]]
airlines seeking to cut costs, this is not the time to cut our safety
inspector workforce as I described in detail on the Senate floor just a
few weeks ago.
For Amtrak, our bill includes $1.45 billion. That is a 20-percent
increase over the current year. Now, the DOT inspector general
testified that Amtrak would require between $1.4 billion and $1.5
billion next year to maintain all of its current routes and services.
This funding recommendation falls right in the middle of that range.
This bill also recommends some reforms for Amtrak in the interest of
helping Amtrak cut costs. The President's budget asks that we throw
Amtrak into bankruptcy and leave 22 million Americans stranded on the
platform. This bill categorically rejects that approach and preserves
all current rail routes so a meaningful debate on reform can continue
without the threat of a crisis.
Funding for the judiciary is up 6.6 percent. That is slightly higher
than the level that was passed by the House of Representatives, and I
am confident that this funding level will enable the judiciary to
continue its important work without the threat of staff layoffs.
Within the Department of Housing and Urban Development, the President
proposed to move the Community Development Block Grant Program over to
the Department of Commerce and cut its funding by more than a third. I
am very pleased to say that we will continue to fund CDBG in this bill,
and we limited the funding cut to just 8 percent.
Some of the more damaging cuts in the President's HUD budget include
cuts to new construction for housing for the disabled and cuts to
funding for housing funds for AIDS patients, and those have been
rejected.
Within the Executive Office of the President, the White House
proposed to cut funding for the drug law enforcement activities of the
high intensity drug tracking areas by more than 50 percent. Our bill,
however, rejects that cut entirely and fully funds the HIDTA Program.
Turning to Federal workers, this bill provides a 3.1-percent pay
raise for all Federal employees. It is an identical adjustment for
military and civilian workers.
I am also very pleased that Chairman Bond and Senator Mikulski
reached a compromise on competitive sourcing. It will provide a level
playing field when it comes to efforts by the Federal Government to
contract out Federal jobs.
As I have outlined, this bill makes some critical investments in our
transportation infrastructure, in our ability to house the poor and
administer justice, and the pressing needs, of course, of our highways
and airways and transit systems. I urge my colleagues to support this
bipartisan bill so we can strengthen our local communities and our
entire country.
I will repeat the words of my chairman, Senator Bond, and encourage
my colleagues to bring their amendments to the Senate floor. The sooner
we start these amendments, the sooner we can review them and perhaps
get them adopted. One thing I do know is, as of right now, there is
still hope that the St. Louis Cardinals are going to reverse course and
win the National League Championship Series. I cannot guarantee to any
of my colleagues that Chairman Bond is going to greet their amendments
warmly, but I know he will greet them less warmly if the Cardinals are
eliminated this evening, so I suggest to all my colleagues they bring
their amendments to the floor as soon as possible so they can be
considered and we can move forward on this bill.
I yield the floor.
Mr. BOND. Mr. President, I thank my distinguished colleague and good
partner very much for her kind words.
Surely this bill was an interesting and challenging bill because it
brought so many new agencies together. The Senator from Washington has
had much greater experience in the Transportation appropriations area.
Her input in that area and all the other areas was invaluable. I share
her views that this is a good bill. As I stated earlier, I hope we will
come forward with amendments as soon as possible.
I know the Senator probably watched, as I did, the Seahawks'
magnificent victory yesterday--truly awesome. As far as the Cardinals,
Chris Carpenter pitches tonight and there is hope. So there is still a
smile on my face. We are both in a good mood. If you wish to have
amendments favorably reviewed, please come, bring them down. Even if my
Cardinals continue to win, as it gets later in the week we will be
getting short of time and short of patience. So we will very much
appreciate having those amendments now.
For the information of all my colleagues we hope are watching, there
will be a vote at 5:30. This is a vote that is on a technical change in
the underlying legislation to allow the Federal Government to recapture
funds from a multifamily housing project owner who skims rent off the
project and leaves the project in default to be paid for out of FHA
funds, out of public funds, and thus pockets the rents.
This is a situation that was certainly not foreseen. It is a very
undesirable situation where, in effect, the money from the taxpayer is
going indirectly into the pockets of an owner of a project who has
taken rent money instead of applying it to the mortgage.
There is a vote at 5:30. We hope Members will come forward with their
amendments. I hope we can wrap up these amendments by Wednesday night
to get ready for the World Series, for whosoever happens to be in it at
the time. I still have my hopes.
I see no other Member seeking the floor and I suggest the absence of
a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mrs. MURRAY. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. MURRAY. Mr. President, the Senate is going to vote in a couple
of minutes on an amendment Senator Bond and I offered that addresses
fraud and abuse at HUD properties. These are technical changes that are
needed to provide the HUD Office of Inspector General the tools they
need to continue this effort.
The amendment clarifies that the Government can recover double
damages from project owners, heirs, officers, and management companies
that have violated their project agreements with HUD. These damages
will apply even if the violators no longer have a mortgage or are doing
business with HUD. The provision allows violations to basically be
considered as a false claim. Large damage awards are a proven deterrent
in minimizing fraud and abuse in these programs.
There is a backlog of enforcement actions awaiting this change,
including nursing homes that have been skimming equity from properties
that are covered with HUD insurance. We have to put a stop to these
abuses. I encourage all colleagues, when this vote occurs in a few
minutes, to support this amendment.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BOND. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BOND. Mr. President, as my colleague and comanager of the bill,
the Senator from Washington, has just stated, we are preparing to vote
on an amendment that is a technical correction to the Housing and
Community Act of 1987 to make sure that HUD has the authority to
recover any assets or income for a multifamily project where the funds
are used in violation of the project's regulatory agreement. It is
necessary to ensure that HUD and the Federal Government can recover
losses from owners of multifamily housing who have intentionally and
fraudulently skimmed equity from an FHA-insured project for their own
benefit. Without this technical correction, HUD, FHA, ends up paying
the lender the value of a defaulted FHA-insured mortgage that should
have been paid off by the owner of the multifamily housing out of rent
receipts. I hope my colleagues will look at it and see this is nothing
but common sense and adopt it.
At the same time, I reiterate for those who may be listening, we want
to move forward on this bill as quickly as possible. We hope people who
have amendments will come forward. We are
[[Page S11407]]
looking for an agreement to take up the DC appropriations bill which
has to be added to this to go to conference. It will be a separate
conference, but since the House has DC in with the HUD bill, they will
have to be considered at once. We ask that everybody bring forth those
amendments and be prepared for a filing deadline tomorrow.
Mr. President, I see the time for the vote on the amendment has
arrived, and I suggest we proceed to that vote.
The PRESIDING OFFICER. Under the previous order, the hour of 5:30
having arrived, the question is on agreeing to Bond amendment No. 2061.
The yeas and nays have been ordered. The clerk will call the roll.
The legislative clerk called the roll.
Mr. McCONNELL. The following Senators were necessarily absent: the
Senator from South Carolina (Mr. DeMint), the Senator from Arizona (Mr.
McCain), and the Senator from Louisiana (Mr. Vitter).
Further, if present and voting, the Senator from South Carolina (Mr.
DeMint) would have voted ``yea.''
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from New Jersey (Mr. Corzine), the Senator from Iowa (Mr.
Harkin), and the Senator from New Jersey (Mr. Lautenberg) are
necessarily absent.
The PRESIDING OFFICER (Mr. Cornyn). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 93, nays 0, as follows:
[Rollcall Vote No. 255 Leg.]
YEAS--93
Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Bingaman
Bond
Boxer
Brownback
Bunning
Burns
Burr
Byrd
Cantwell
Carper
Chafee
Chambliss
Clinton
Coburn
Cochran
Coleman
Collins
Conrad
Cornyn
Craig
Crapo
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Frist
Graham
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Inouye
Isakson
Jeffords
Johnson
Kennedy
Kerry
Kohl
Kyl
Landrieu
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
Martinez
McConnell
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Thune
Voinovich
Warner
Wyden
NOT VOTING--7
Biden
Corzine
DeMint
Harkin
Lautenberg
McCain
Vitter
The amendment (No. 2061) was agreed to.
Mr. BOND. I move to reconsider the vote.
Mrs. MURRAY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. BOND. Mr. President, we are negotiating to get an agreement on
procedure for tomorrow. We are very close. We want to line up the DC
bill and then set a vote.
I suggest the absence of a quorum.
Mr. KENNEDY. Mr. President, will the Senator be good enough to
withhold that request? I ask unanimous consent that I be recognized
after we come out of the quorum call.
Mr. BOND. Mr. President, I wish to keep this quorum call going, and
then, after I propound the unanimous consent request, obviously the
Senate can proceed in the normal fashion. This should be just a minute.
I ask the Senator's indulgence.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BOND. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BOND. Mr. President, after conferring with my colleagues on the
other side of the aisle, I ask unanimous consent that at 11 a.m.
tomorrow, Senator Brownback be recognized in order to offer an
amendment which relates to the appropriations for the District of
Columbia; provided further that there then be 40 minutes equally
divided between Senators Brownback and Landrieu; further, that
following that debate, the amendment be agreed to with no second
degrees in order to the amendment; provided that at 12:10, the Senate
proceed to a vote in relation to the Kyl amendment No. 2062, with no
second degrees in order to that amendment prior to the vote.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Amendment No. 2063
Mr. KENNEDY. I send an amendment to the desk and ask that the pending
amendment be set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Massachusetts [Mr. Kennedy], for himself,
Mr. Harkin, Mrs. Boxer, Mr. Feingold, Ms. Stabenow, and Mr.
Dayton, proposes an amendment numbered 2063.
Mr. KENNEDY. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To provide for an increase in the Federal minimum wage)
At the appropriate place, insert the following:
SEC. __. MINIMUM WAGE.
(a) Increase in the Minimum Wage.--
(1) In general.--Section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to
read as follows:
``(1) except as otherwise provided in this section, not
less than--
``(A) $5.85 an hour, beginning on the 60th day after the
date of enactment of the Fair Minimum Wage Act of 2005;
``(B) $6.55 an hour, beginning 12 months after that 60th
day; and
``(C) $7.25 an hour, beginning 24 months after that 60th
day;''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect 60 days after the date of enactment of this
Act.
(b) Applicability of Minimum Wage to the Commonwealth of
the Northern Mariana Islands.--
(1) In general.--Section 6 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206) shall apply to the Commonwealth of
the Northern Mariana Islands.
(2) Transition.--Notwithstanding paragraph (1), the minimum
wage applicable to the Commonwealth of the Northern Mariana
Islands under section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) shall be--
(A) $3.55 an hour, beginning on the 60th day after the date
of enactment of this Act; and
(B) increased by $0.50 an hour (or such lesser amount as
may be necessary to equal the minimum wage under section
6(a)(1) of such Act), beginning 6 months after the date of
enactment of this Act and every 6 months thereafter until the
minimum wage applicable to the Commonwealth of the Northern
Mariana Islands under this subsection is equal to the minimum
wage set forth in such section.
Mr. KENNEDY. Mr. President, I look forward to the opportunity to
discuss this amendment and to the opportunity for the Senate to be able
to express itself on the issue of increasing the minimum wage for the
working families of this country. It has not been increased now for
some 9 years. We have not increased the minimum wage for some 9 years.
There will be those who will ask: Why are we thinking about increasing
the minimum wage on this legislation? We have tried to get stand-alone
legislation so that it could be considered. We have been unable to do
that. We have been unable to get another vote on an increase in the
minimum wage over these period of years.
In this particular appropriations bill, there is another amendment
dealing with the increase in salaries for Members of the Senate. This
will be the seventh increase we have had in 9 years, but we have not
had an increase in the minimum wage over that same period of time. It
does seem to me that there is a certain amount of equity, a certain
amount of justice, a certain amount of fairness when we are talking
about an increase in the salaries or the cost of living for Members of
the Senate. We certainly ought to be considerate of the interests of
those who have been left behind by the failure of Congress to support
the increase in the minimum wage.
Who are the minimum wage workers? The minimum wage workers are men
and women of dignity, first of all. These are men and women who work
hard, play by the rules, are trying to provide for their families,
trying to look out for their children, and trying to look after a
parent. We know these are men and women who work in nursing homes and
are looking after senior
[[Page S11408]]
citizens, men and women who have contributed so much to this Nation,
who have sacrificed greatly for this Nation by more often than not
subverting their own kinds of interests and their own futures to the
benefit of their children. Now, during their golden years, they need
some help and assistance, and many of those who work and assist the
elderly people in nursing homes are men and women who earn a minimum
wage.
Who else are they? They are the men and women who clean the great
buildings of American commerce every evening, hard working, going
around and cleaning out those buildings. They are men and women of
dignity. They want to do a decent job, and they do a decent job. They
need to have a decent pay.
Many of them are workers working in schools as teachers' assistants,
as teachers' aides. These are men and women who are working with
seniors, who have made great contributions to our Nation. They are men
and women who are working with children who are attempting to get an
education. They are working part time or even full time as teachers'
assistants.
Primarily, this is an issue involving women because 60 percent of
those who would benefit from this legislation are women. More than one
third of the women who are receiving the minimum wage have children. So
an increase in the minimum wage is a women's issue, and since so many
of the women who receive the minimum wage have children, it is a
children's issue. It is a women's issue, and it is a children's issue.
It is also a civil rights issue because 35 percent of those who would
benefit from an increase in the minimum wage are men and women of
color.
So it is a children's issue. It is a women's issue. It is a family
issue. We hear a great deal in this body about family issues, about
family responsibilities, family obligations. These are men and women
who are earning the minimum wage and who are trying to provide for
their families on that minimum wage. They know they cannot do it. So
they have one or two or even three minimum wage jobs. How much time do
they have with their children? They are trying to provide for their
children but have no time to spend with them.
I will give real stories of what families are going through, the
sacrifices they have made, the lost opportunities, the conversations
they were not able to have with their children, the missed birthdays
that come and go, the Christmases that come and go and they do not have
that gift for that child or they do not have those pairs of skates so
the children can join other children.
The fact is that hard-working men and women in this country have not
gotten a raise in 9 years, and yet we in the Senate are adjusting our
salaries to inflation effectively for the seventh time in the ninth
year. So we have a women's issue, a children's issue, a family issue, a
civil rights issue, and most of all it is a fairness issue.
Americans understand fairness. Americans understand that if a person
works 40 hours a week for 52 weeks of the year, they should not have to
live in poverty, and these men and women are living in poverty. All we
are trying to do is what we have done many times in the past.
This has not been a partisan issue. It has only been in recent years
that it has been a partisan issue. If we look at this chart, we will
see that over the period of the years when there was the first minimum
wage, going back to 1938, it was 25 cents. There was President
Roosevelt, then Harry Truman, and Dwight Eisenhower increased the
minimum wage. Democrats and Republicans. President Kennedy increased
the minimum wage. So did President Johnson increase the minimum wage.
Then President Eisenhower, President Ford, then President Carter, then
Bush 1, President Bush, increased the minimum wage, and then President
Clinton. So Republicans as well as Democrats have fought for an
increase in the minimum wage, although over the period of these last
years, that has not been the case. Every time we have tried for an
increase in the minimum wage, we have been opposed by a Republican
administration and by the Republican leadership in the House and the
Senate. That is not fair. It is time we altered and changed that.
It is appropriate that we take a moment or two to look at what has
been happening in our country: Americans struggling to survive in this
economy, in what we call the Bush economy. Too many Americans are
living in poverty. We have 1 in every 10 families living in poverty.
One out of every five children in the United States now, one out of
every five Hispanic Americans, one out of every four African Americans,
is now living in poverty in the United States. If we look at the
overall figures from years 2000 to 2004, 5.4 million more Americans are
living in poverty today than were living in poverty in the year 2000.
An increase in the minimum wage is not going to solve all of these
problems, but it is going to help 15 to 16 million Americans become
better off in regard to their economic condition to some extent.
Let us take a look at what has happened to the minimum wage over the
period of recent years. This is the 2004 Federal poverty line. This red
line indicates the minimum wage. Going back to the early 1960s, we saw
that the minimum wage even exceeded the poverty wage. This is constant
purchasing dollars. This is in constant real dollars. We saw an
increase even above the poverty line. Then it bounced around just
around the poverty line, and then we have seen now what has happened in
recent times where the real minimum wage has fallen so far from the
poverty line. Most Americans believe if one is going to work and work
hard, they should not have to live in poverty, but this is what is
happening in the United States over the period of the recent years. The
total number of individuals who have fallen into poverty has increased
significantly because of the failure of Congress to deal with any kind
of increase in the minimum wage.
The amendment I have offered is a three-phase increase. It provides
for an increase of 70 cents 60 days after it is signed, 70 cents a year
after, and 70 cents a year after, from $5.15 to $7.25. It will put the
minimum wage up to this level, which it will still be well below what
it was in the 1960s through the 1970s and even up to the 1980s. It will
certainly not recover all of its purchasing power, but it will make a
very serious and important difference to millions of Americans.
For anybody who is viewing this discussion this evening, this chart
is self-evident. What has been happening is an increased pressure on
families' pocketbooks, which has virtually soared since the year
2001. We find gasoline has increased some 71 percent; health insurance
up 59 percent; housing up 44 percent; college tuition up 35 percent.
These are basics.
If they can afford a car to be able to drive, or even participate in
a car pool, we see the explosion in gasoline prices in spite of an
Energy bill we passed here which did virtually nothing on this issue.
We continue to see the escalation of health care costs, housing has
gone up, and college tuition. All this has gone up. What has not gone
up is the minimum wage.
This chart shows what an average family is up against. The average
costs for a family for health insurance premiums per year now is up to
$10,880. If you look at the salary of a full-time, minimum-wage worker,
it is $10,700. You wonder how in the world can they even afford one
coverage, which is so important to families, which is to be able to
provide health coverage. Of course they cannot afford it, and so they
do without it. In some States, they get some protection from some of
the safety net programs, but we have seen the increasing pressure on
those safety net programs in recent years.
What would $4,400 mean, which is what it would be when the minimum
wage is fully implemented? What would that mean? We have been
encouraged by the living wage campaigns that have taken place in
communities all over this country. They have taken place in Boston.
They have taken place in Cambridge, MA, and other communities in my
State. They have taken place in Baltimore and in many other cities--in
Los Angeles. And they have made a real difference. It has made a real
difference in the quality of life for people. In many of those
instances when they go to a living wage, they go up to $12 or $14 an
hour. We are only increasing this to $7.25. So we are going to be well
behind the living wage that has been accepted overwhelmingly.
[[Page S11409]]
We know when it has been on the ballot in the States of Nevada and
Florida, it has been passed overwhelmingly by the people in those
States. People have overwhelmingly, when they have addressed this in
all parts of the country, supported an increase. The only people who
have not supported it have been the Republican leadership. We are going
to give them an opportunity to address this issue on this legislation.
This is what it provides. The $4,400 increase means almost 2 years of
child care, full tuition for a community college, a year and a half of
heat and electricity--maybe not after this winter, when we are finding
out in my part of the country on the natural gas bill they expect to
have an increase of some 70 percent in the cost of heating oil and
natural gas, but we know it would make an important difference in those
terms--and more than a year of groceries or more than 9 months of rent.
Does this sound very excessive to those who believe we are already
doing what we should for some of the most hard-working Americans?
This chart is enormously important. Although it doesn't reflect the
human dimension of what families are faced with or what a difference in
the minimum wage will mean, what it does do is show what has happened
in relation to increased productivity. What does that mean? It means
the production levels workers have been able to achieve. What we have
seen over a period of years--this chart goes back to the 1960s. If you
look at the minimum wage even prior to that time, an increase in the
minimum wage has always reflected an increase in productivity. It makes
sense. That is the best way to answer people who say this is going to
be inflationary. It is not when you are increasing productivity.
This is what had happened. We had always seen the minimum wage had
been kept slightly higher than productivity in the 1960s and going into
the 1970s. Now what we see is productivity is up 155 percent over 45
years ago. What we have seen is the decline of the minimum wage. This
includes the increase in the minimum wage that we had during the 1990s.
We see the extraordinary decline. We have not seen the minimum wage go
up to reflect the increase in productivity. We have seen the minimum
wage go down, in spite of the increase in productivity.
We have workers working longer, working harder, being more
productive. They are working longer hours. They are working many more
months of the year than any other worker in the world--American
workers. American workers are. We will have a chance to show that
tomorrow, the comparison between American workers and other workers. We
have American workers working longer, working harder, being more
productive, and you would think the increase in the minimum wage would
reflect it, right? Wrong. We do not see that increase reflected.
This chart shows again, all of these indicators, that the purchasing
power of the minimum wage has collapsed over the last 50 years. The
minimum wage now is the lowest in over 50 years compared to average
wages. For years the minimum wage was reflective of what the average
wage was. They tried to keep it about 56 to 60 percent, that was the
desire for years for the minimum wage. But look what has happened. This
is another indicator. The minimum wage is now 32 percent of the average
wages for American workers. Look at the decline.
We are talking about a segment of our society. We are talking about a
segment of Americans. It is all reflected in this--when we had the
Hurricane Katrina, when we saw so many millions of Americans who had
been left behind in opportunity, and they are getting short shrift in
their wages. These are millions of Americans who are left behind, and
that is reflected by the fact that the number of Americans living in
poverty has increased.
We have some indication of what has happened as the minimum wage
remained stagnant over this period of time. We see Members of Congress
have had an increase in salary of $31,600. People will have to answer
to that, whether they are going to vote themselves a pay increase and
vote down an increase in the minimum wage. That will be the issue that
will be before the Members. That is why this particular measure is of
so much importance.
We will have a chance to go through this in greater detail. This
issue is most of all about fairness for American workers. We know there
will be about 7\1/2\ million Americans who will be affected by the
increase in the minimum wage. The ripple effect on the wages of others
of low income is expected to effectively double that. We are talking
about impacting more than 15 million Americans--some obviously more
than others. But we are talking about whether we are going to be one
country with one history and one destiny and whether this institution
is going to increase the minimum wage and try to begin to catch up for
so many we have left behind.
We will take the opportunity tomorrow. Some will come out and refute
this with the old arguments that this will be bad for the economy. This
will be bad for the economy because it will have a inflationary effect
on the economy. Let me show what this is, in terms of the economy. All
Americans combined earn $5.4 trillion a year. This is all Americans.
Increasing the minimum wage to $7.25 is vital to workers but a drop in
the bucket in the national payroll. All Americans combined earn $5.4
trillion. An increase to $7.25 would be less than one-fifth of 1
percent of the national payroll, one-fifth of 1 percent. I hope our
friends on the other side who say this is going to be an inflator, we
are suffering difficult economic times now--all of which are true--will
let me point out that this is one-fifth of 1 percent of national
payroll. They will say that this is going to be an inflator? This
doesn't hold.
We have seen in Great Britain they have increased their minimum wage
to $8.85 3 weeks ago. They increased it to $8.85, and they have
provisionally accepted a plan to go up to $9.37 next year. If you asked
the Chancellor of the Exchequer about the adverse impact in terms of
the British economy, he said: It has been good for the economy. It has
been healthy for the economy. We have moved a million children out of
poverty. We have moved families out of poverty. People are spending and
investing and it has strengthened our economy.
We will have an opportunity to go through the traditional arguments:
We can't afford this because it is an inflator. I hope our friends on
the other side will be able to respond to that. They will also say this
is going to mean job losses. We have gone through that time in and time
out. We will have the charts to show at the times that we have
increased the minimum wage it has actually meant increasing employment.
That certainly has been true in more recent times that we have done it,
and we have the charts to reflect that.
Then we will hear this is a decent idea but it only goes to--we
should just have a training wage. We should not. We have already had
that kind of debate and discussion.
Those are all arguments we are going to hear from the other side.
Basically, they are rooted in the concept they do not believe that men
and women who work hard, men and women of dignity, that they are
entitled even to a fair day's pay.
We are not, even with the increase of the minimum wage, able to reach
the poverty line for these millions of Americans. It does seem to me
with all the things we have seen in this country in the most recent
times, when we peeled back the veil of the American society, as had
been done in Katrina and Rita, and we saw who was out there and who was
adversely impacted, Americans said, Oh, my goodness, why have so many
people been left out? Why have so many people been left behind?
This increase in the minimum wage is not going to solve all of their
problems. It will not. But it will make an important difference to more
than 15 million Americans who are hard working, trying to make ends
meet, playing by the rules, looking out after their families. They
certainly deserve this increase, particularly if we intend to increase
the salaries for Members of the Senate.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. FRIST. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
[[Page S11410]]
The PRESIDING OFFICER (Mr. Chambliss). Without objection, it is so
ordered.
(At the request of Mr. Reid, the following statement was ordered to
be printed in the Record.)
Mr. HARKIN. Mr. President, I would like the record to show
that I was necessarily absent during today's vote due to a funeral
which I attended in my home State of Iowa. Had I been present, I would
have voted ``yea'' on the amendment.
____________________