[Congressional Record Volume 151, Number 146 (Monday, November 7, 2005)]
[House]
[Pages H9713-H9811]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 2862, SCIENCE, STATE, JUSTICE, COMMERCE, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2006

  Mr. WOLF submitted the following conference report and statement on 
the bill (H.R. 2862) making appropriations for Science, the Departments 
of State, Justice, and Commerce, and related agencies for the fiscal 
year ending September 30, 2006, and for other purposes:

                  Conference Report (H. Rept. 109-272)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendments of the Senate to the bill (H.R. 
     2862) ``making appropriations for Science, the Departments of 
     State, Justice, and Commerce, and related agencies for the 
     fiscal year ending September 30, 2006, and for other 
     purposes'', having met, after full and free conference, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate to the text, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2006, and for other purposes, namely:

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration


                         Salaries and Expenses

       For expenses necessary for the administration of the 
     Department of Justice, $124,456,000, of which not to exceed 
     $3,317,000 is for the Facilities Program 2000, to remain 
     available until expended: Provided, That not to exceed 45 
     permanent positions and 46 full-time equivalent workyears and 
     $11,821,000 shall be expended for the Department Leadership 
     Program exclusive of augmentation that occurred in these 
     offices in fiscal year 2005: Provided further, That not to 
     exceed 26 permanent positions, 21 full-time equivalent 
     workyears and $3,480,000 shall be expended for the Office of 
     Legislative Affairs: Provided further, That not to exceed 17 
     permanent positions, 22 full-time equivalent workyears and 
     $2,764,000 shall be expended for the Office of Public 
     Affairs: Provided further, That the Offices of Legislative 
     Affairs and Public Affairs may utilize, on a non-reimbursable 
     basis details of career employees within the ceilings 
     provided for the Office of Legislative Affairs and the Office 
     of Public Affairs: Provided further, That not less than 
     $500,000 shall be used to contract with an independent party 
     to carry out a privacy assessment.


                 JUSTICE INFORMATION SHARING TECHNOLOGY

       For necessary expenses for information sharing technology, 
     including planning, development, deployment and Departmental 
     direction, $125,000,000, to remain available until expended: 
     Provided, That, of the funds available $10,000,000 is for the 
     unified financial management system to be administered by the 
     Unified Financial Management System Executive Council: 
     Provided further, That of the funds provided, $20,000,000 is 
     unavailable for obligation until the Department Chief 
     Information Officer submits the plan described in section 110 
     of this title.


         narrowband communications/integrated wireless network

       For the costs of conversion to narrowband communications, 
     including the cost for operation and maintenance of Land 
     Mobile Radio legacy systems, $90,000,000, to remain available 
     until September 30, 2007: Provided, That the Attorney General 
     shall transfer to this account all funds made available to 
     the Department of Justice for the purchase of portable and 
     mobile radios: Provided further, That any transfer made under 
     the preceding proviso shall be subject to section 605 of this 
     Act.


                   Administrative Review and Appeals

       For expenses necessary for the administration of pardon and 
     clemency petitions and immigration-related activities, 
     $215,685,000.


                           Detention Trustee

       For necessary expenses of the Federal Detention Trustee, 
     $1,222,000,000, of which $45,000,000 shall be derived from 
     prior year unobligated balances from funds previously 
     appropriated, to remain available until expended: Provided, 
     That the Trustee shall be responsible for managing the 
     Justice Prisoner and Alien Transportation System and for 
     overseeing housing related to such detention: Provided 
     further, That any unobligated balances available in prior 
     years from the funds appropriated under the heading ``Federal 
     Prisoner Detention'' shall be transferred to and merged with 
     the appropriation under the heading ``Detention Trustee'' and 
     shall be available until expended.

[[Page H9714]]

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General, 
     $68,801,000, including not to exceed $10,000 to meet 
     unforeseen emergencies of a confidential character.

                    United States Parole Commission


                         Salaries and Expenses

       For necessary expenses of the United States Parole 
     Commission as authorized, $11,000,000.

                            Legal Activities


            Salaries and Expenses, General Legal Activities

       For expenses necessary for the legal activities of the 
     Department of Justice, not otherwise provided for, including 
     not to exceed $20,000 for expenses of collecting evidence, to 
     be expended under the direction of, and to be accounted for 
     solely under the certificate of, the Attorney General; and 
     rent of private or Government-owned space in the District of 
     Columbia, $661,959,000, of which not to exceed $10,000,000 
     for litigation support contracts shall remain available until 
     expended: Provided, That of the total amount appropriated, 
     not to exceed $1,000 shall be available to the United States 
     National Central Bureau, INTERPOL, for official reception and 
     representation expenses: Provided further, That 
     notwithstanding section 105 of this Act, upon a determination 
     by the Attorney General that emergent circumstances require 
     additional funding for litigation activities of the Civil 
     Division, the Attorney General may transfer such amounts to 
     ``Salaries and Expenses, General Legal Activities'' from 
     available appropriations for the current fiscal year for the 
     Department of Justice, as may be necessary to respond to such 
     circumstances: Provided further, That any transfer pursuant 
     to the previous proviso shall be treated as a reprogramming 
     under section 605 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.
       In addition, for reimbursement of expenses of the 
     Department of Justice associated with processing cases under 
     the National Childhood Vaccine Injury Act of 1986, not to 
     exceed $6,333,000, to be appropriated from the Vaccine Injury 
     Compensation Trust Fund.


               Salaries and Expenses, Antitrust Division

       For expenses necessary for the enforcement of antitrust and 
     kindred laws, $144,451,000, to remain available until 
     expended: Provided, That, notwithstanding any other provision 
     of law, not to exceed $116,000,000 of offsetting collections 
     derived from fees collected for premerger notification 
     filings under the Hart-Scott-Rodino Antitrust Improvements 
     Act of 1976 (15 U.S.C. 18a), regardless of the year of 
     collection, shall be retained and used for necessary expenses 
     in this appropriation, and shall remain available until 
     expended: Provided further, That the sum herein appropriated 
     from the general fund shall be reduced as such offsetting 
     collections are received during fiscal year 2006, so as to 
     result in a final fiscal year 2006 appropriation from the 
     general fund estimated at not more than $28,451,000.


             Salaries and Expenses, United States Attorneys

       For necessary expenses of the Offices of the United States 
     Attorneys, including inter-governmental and cooperative 
     agreements, $1,600,000,000: Provided, That of the total 
     amount appropriated, not to exceed $8,000 shall be available 
     for official reception and representation expenses: Provided 
     further, That not to exceed $20,000,000 shall remain 
     available until expended: Provided further, That of the funds 
     made available under this heading, $1,500,000 shall only be 
     available to continue ``Operation Streetsweeper''.


                   United States Trustee System Fund

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


      Salaries and Expenses, Foreign Claims Settlement Commission

       For expenses necessary to carry out the activities of the 
     Foreign Claims Settlement Commission, including services as 
     authorized by 5 U.S.C. 3109, $1,320,000.

                     United States Marshals Service


                         Salaries and Expenses

       For necessary expenses of the United States Marshals 
     Service, $793,031,000; of which not to exceed $6,000 shall be 
     available for official reception and representation expenses; 
     of which $4,000,000 for information technology systems shall 
     remain available until expended; and of which not less than 
     $12,000,000 shall be available for the costs of courthouse 
     security equipment, including furnishings, relocations, and 
     telephone systems and cabling, and shall remain available 
     until expended.


                              CONSTRUCTION

       For construction in space controlled, occupied or utilized 
     by the United States Marshals Service in United States 
     courthouses and Federal buildings, $8,883,000, to remain 
     available until expended.


                     Fees and Expenses of Witnesses

       For fees and expenses of witnesses, for expenses of 
     contracts for the procurement and supervision of expert 
     witnesses, for private counsel expenses, including advances, 
     such sums as are necessary, to remain available until 
     expended: Provided, That not to exceed $10,000,000 may be 
     made available for construction of buildings for protected 
     witness safesites: Provided further, That not to exceed 
     $1,000,000 may be made available for the purchase and 
     maintenance of armored vehicles for transportation of 
     protected witnesses: Provided further, That not to exceed 
     $9,000,000 may be made available for the purchase, 
     installation, maintenance and upgrade of secure 
     telecommunications equipment and a secure automated 
     information network to store and retrieve the identities and 
     locations of protected witnesses.


           Salaries and Expenses, Community Relations Service

       For necessary expenses of the Community Relations Service, 
     $9,659,000: Provided, That notwithstanding section 105 of 
     this Act, upon a determination by the Attorney General that 
     emergent circumstances require additional funding for 
     conflict resolution and violence prevention activities of the 
     Community Relations Service, the Attorney General may 
     transfer such amounts to the Community Relations Service, 
     from available appropriations for the current fiscal year for 
     the Department of Justice, as may be necessary to respond to 
     such circumstances: Provided further, That any transfer 
     pursuant to the previous proviso shall be treated as a 
     reprogramming under section 605 of this Act and shall not be 
     available for obligation or expenditure except in compliance 
     with the procedures set forth in that section.


                         Assets Forfeiture Fund

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

                      Interagency Law Enforcement


                 Interagency Crime and Drug Enforcement

       For necessary expenses for the identification, 
     investigation, and prosecution of individuals associated with 
     the most significant drug trafficking and affiliated money 
     laundering organizations not otherwise provided for, to 
     include inter-governmental agreements with State and local 
     law enforcement agencies engaged in the investigation and 
     prosecution of individuals involved in organized crime drug 
     trafficking, $489,440,000, of which $50,000,000 shall remain 
     available until expended: Provided, That any amounts 
     obligated from appropriations under this heading may be used 
     under authorities available to the organizations reimbursed 
     from this appropriation.

                    Federal Bureau of Investigation


                         Salaries and Expenses

       For necessary expenses of the Federal Bureau of 
     Investigation for detection, investigation, and prosecution 
     of crimes against the United States; including purchase for 
     police-type use of not to exceed 3,868 passenger motor 
     vehicles, of which 3,039 will be for replacement only; and 
     not to exceed $70,000 to meet unforeseen emergencies of a 
     confidential character pursuant to 28 U.S.C. 530C, 
     $5,728,737,000; of which not to exceed $150,000,000 shall 
     remain available until expended; of which $2,288,897,000 
     shall be for counterterrorism investigations, foreign 
     counterintelligence, and other activities related to our 
     national security; and of which not to exceed $25,000,000 is 
     authorized to be made available for making advances for 
     expenses arising out of contractual or reimbursable 
     agreements with State and local law enforcement agencies 
     while engaged in cooperative activities related to violent 
     crime, terrorism, organized crime, gang-related crime, 
     cybercrime, and drug investigations: Provided, That not to 
     exceed $205,000 shall be available for official reception and 
     representation expenses.


                              construction

       For necessary expenses to construct or acquire buildings 
     and sites by purchase, or as otherwise authorized by law 
     (including equipment for such buildings); conversion and 
     extension of Federally-owned buildings; and preliminary 
     planning and design of projects; $37,608,000, to remain 
     available until expended: Provided, That $15,108,000 shall be 
     available for the planning, design, and construction of the 
     Federal Bureau of Investigation Center for Integrated 
     Training and Technology Transfer in Redstone Arsenal: 
     Provided further, That $5,000,000 shall be available for a 
     chemical and biological evidence handling and storage 
     facility to be co-located with comparable facilities in 
     existence for sample, handling and receipt of hazardous 
     material by the Department of the Army: Provided further, 
     That $10,000,000 shall be available for equipment and 
     associated costs for a permanent central records complex in 
     Frederick County, Virginia.

                    Drug Enforcement Administration


                         Salaries and Expenses

       For necessary expenses of the Drug Enforcement 
     Administration, including not to exceed $70,000 to meet 
     unforeseen emergencies of a confidential character pursuant 
     to 28 U.S.C. 530C; expenses for conducting drug education and 
     training programs, including travel and related expenses for 
     participants in such programs and the distribution of items 
     of token value that promote the goals of such programs; and 
     purchase of not to exceed 1,043 passenger motor vehicles, of 
     which 937 will be for replacement only, for police-type use, 
     $1,686,457,000; of which not to exceed $75,000,000 shall 
     remain available until expended; and of which not to exceed 
     $100,000 shall be available for official reception and 
     representation expenses.

[[Page H9715]]

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         Salaries and Expenses

       For necessary expenses of the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives, including the purchase of not to 
     exceed 822 vehicles for police-type use, of which 650 shall 
     be for replacement only; not to exceed $40,000 for official 
     reception and representation expenses; for training of State 
     and local law enforcement agencies with or without 
     reimbursement, including training in connection with the 
     training and acquisition of canines for explosives and fire 
     accelerants detection; and for provision of laboratory 
     assistance to State and local law enforcement agencies, with 
     or without reimbursement, $923,613,000, of which not to 
     exceed $1,000,000 shall be available for the payment of 
     attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of 
     which $10,000,000 shall remain available until expended: 
     Provided, That no funds appropriated herein shall be 
     available for salaries or administrative expenses in 
     connection with consolidating or centralizing, within the 
     Department of Justice, the records, or any portion thereof, 
     of acquisition and disposition of firearms maintained by 
     Federal firearms licensees: Provided further, That no funds 
     appropriated herein shall be used to pay administrative 
     expenses or the compensation of any officer or employee of 
     the United States to implement an amendment or amendments to 
     27 CFR 178.118 or to change the definition of ``Curios or 
     relics'' in 27 CFR 178.11 or remove any item from ATF 
     Publication 5300.11 as it existed on January 1, 1994: 
     Provided further, That none of the funds appropriated herein 
     shall be available to investigate or act upon applications 
     for relief from Federal firearms disabilities under 18 U.S.C. 
     925(c): Provided further, That such funds shall be available 
     to investigate and act upon applications filed by 
     corporations for relief from Federal firearms disabilities 
     under section 925(c) of title 18, United States Code: 
     Provided further, That no funds made available by this or any 
     other Act may be used to transfer the functions, missions, or 
     activities of the Bureau of Alcohol, Tobacco, Firearms and 
     Explosives to other agencies or Departments in fiscal year 
     2006: Provided further, That no funds appropriated under this 
     or any other Act with respect to any fiscal year may be used 
     to disclose part or all of the contents of the Firearms Trace 
     System database maintained by the National Trace Center of 
     the Bureau of Alcohol, Tobacco, Firearms and Explosives or 
     any information required to be kept by licensees pursuant to 
     section 923(g) of title 18, United States Code, or required 
     to be reported pursuant to paragraphs (3) and (7) of such 
     section 923(g), to anyone other than a Federal, State, or 
     local law enforcement agency or a prosecutor solely in 
     connection with and for use in a bona fide criminal 
     investigation or prosecution and then only such information 
     as pertains to the geographic jurisdiction of the law 
     enforcement agency requesting the disclosure and not for use 
     in any civil action or proceeding other than an action or 
     proceeding commenced by the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives, or a review of such an action or 
     proceeding, to enforce the provisions of chapter 44 of such 
     title, and all such data shall be immune from legal process 
     and shall not be subject to subpoena or other discovery, 
     shall be inadmissible in evidence, and shall not be used, 
     relied on, or disclosed in any manner, nor shall testimony or 
     other evidence be permitted based upon such data, in any 
     civil action pending on or filed after the effective date of 
     this Act in any State (including the District of Columbia) or 
     Federal court or in any administrative proceeding other than 
     a proceeding commenced by the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives to enforce the provisions of that 
     chapter, or a review of such an action or proceeding; except 
     that this proviso shall not be construed to prevent the 
     disclosure of statistical information concerning total 
     production, importation, and exportation by each licensed 
     importer (as defined in section 921(a)(9) of such title) and 
     licensed manufacturer (as defined in section 921(a)(10) of 
     such title): Provided further, That no funds made available 
     by this or any other Act shall be expended to promulgate or 
     implement any rule requiring a physical inventory of any 
     business licensed under section 923 of title 18, United 
     States Code: Provided further, That no funds under this Act 
     may be used to electronically retrieve information gathered 
     pursuant to 18 U.S.C. 923(g)(4) by name or any personal 
     identification code: Provided further, That no funds 
     authorized or made available under this or any other Act may 
     be used to deny any application for a license under section 
     923 of title 18, United States Code, or renewal of such a 
     license due to a lack of business activity, provided that the 
     applicant is otherwise eligible to receive such a license, 
     and is eligible to report business income or to claim an 
     income tax deduction for business expenses under the Internal 
     Revenue Code of 1986: Provided further, That of the amount 
     provided under this heading, $5,000,000, to remain available 
     until expended, shall be for the expenses necessary for site 
     selection, architectural design, site preparation and the 
     development of a total cost estimate for the construction of 
     a permanent site for the National Center for Explosives 
     Training and Research: Provided further, That any funds 
     remaining shall be applied to the construction of the Center: 
     Provided further, That the Director of the ATF, when 
     considering site selection shall consider a site collocated 
     with other law enforcement and Federal government entities 
     that provide similar training and research.

                         Federal Prison System


                         Salaries and Expenses

       For expenses necessary of the Federal Prison System for the 
     administration, operation, and maintenance of Federal penal 
     and correctional institutions, including purchase (not to 
     exceed 768, of which 701 are for replacement only) and hire 
     of law enforcement and passenger motor vehicles, and for the 
     provision of technical assistance and advice on corrections 
     related issues to foreign governments, $4,892,649,000: 
     Provided, That the Attorney General may transfer to the 
     Health Resources and Services Administration such amounts as 
     may be necessary for direct expenditures by that 
     Administration for medical relief for inmates of Federal 
     penal and correctional institutions: Provided further, That 
     the Director of the Federal Prison System, where necessary, 
     may enter into contracts with a fiscal agent/fiscal 
     intermediary claims processor to determine the amounts 
     payable to persons who, on behalf of the Federal Prison 
     System, furnish health services to individuals committed to 
     the custody of the Federal Prison System: Provided further, 
     That not to exceed $6,000 shall be available for official 
     reception and representation expenses: Provided further, 
     That not to exceed $50,000,000 shall remain available for 
     necessary operations until September 30, 2007: Provided 
     further, That, of the amounts provided for Contract 
     Confinement, not to exceed $20,000,000 shall remain 
     available until expended to make payments in advance for 
     grants, contracts and reimbursable agreements, and other 
     expenses authorized by section 501(c) of the Refugee 
     Education Assistance Act of 1980, for the care and 
     security in the United States of Cuban and Haitian 
     entrants: Provided further, That the Director of the 
     Federal Prison System may accept donated property and 
     services relating to the operation of the prison card 
     program from a not-for-profit entity which has operated 
     such program in the past notwithstanding the fact that 
     such not-for-profit entity furnishes services under 
     contracts to the Federal Prison System relating to the 
     operation of pre-release services, halfway houses or other 
     custodial facilities.


                        Buildings and Facilities

       For planning, acquisition of sites and construction of new 
     facilities; purchase and acquisition of facilities and 
     remodeling, and equipping of such facilities for penal and 
     correctional use, including all necessary expenses incident 
     thereto, by contract or force account; and constructing, 
     remodeling, and equipping necessary buildings and facilities 
     at existing penal and correctional institutions, including 
     all necessary expenses incident thereto, by contract or force 
     account, $90,112,000, to remain available until expended, of 
     which not to exceed $14,000,000 shall be available to 
     construct areas for inmate work programs: Provided, That 
     labor of United States prisoners may be used for work 
     performed under this appropriation.


                Federal Prison Industries, Incorporated

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


   Limitation on Administrative Expenses, Federal Prison Industries, 
                              Incorporated

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

                    Office on Violence Against Women


       Violence Against Women Prevention and Prosecution Programs

       For grants, contracts, cooperative agreements, and other 
     assistance for the prevention and prosecution of violence 
     against women as authorized by the Omnibus Crime Control and 
     Safe Streets Act of 1968 (``the 1968 Act''); the Violent 
     Crime Control and Law Enforcement Act of 1994 (Public Law 
     103-322) (``the 1994 Act''); the Victims of Child Abuse Act 
     of 1990 (``the 1990 Act''); the Prosecutorial Remedies and 
     Other Tools to End the Exploitation of Children Today Act of 
     2003 (Public Law 108-21); the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (``the 1974 Act''); and 
     the Victims of Trafficking and Violence Protection Act of 
     2000 (Public Law 106-386); $386,502,000, including amounts 
     for administrative costs, to remain available until expended: 
     Provided, That except as otherwise provided by law, not to 
     exceed three percent of funds made available under this 
     heading may be used for expenses related to evaluation, 
     training and technical assistance: Provided further, That of 
     the amount provided--
       (1) $11,897,000 for the court-appointed special advocate 
     program, as authorized by section 217 of the 1990 Act;
       (2) $2,287,000 for child abuse training programs for 
     judicial personnel and practitioners, as authorized by 
     section 222 of the 1990 Act;
       (3) $986,000 for grants for televised testimony, as 
     authorized by Part N of the 1968 Act;
       (4) $187,308,000 for grants to combat violence against 
     women, as authorized by part T of the 1968 Act, of which--
       (A) $5,100,000 shall be for the National Institute of 
     Justice for research and evaluation of violence against 
     women;

[[Page H9716]]

       (B) $10,000,000 shall be for the Office of Juvenile Justice 
     and Delinquency Prevention for the Safe Start Program, as 
     authorized by the 1974 Act; and
       (C) $15,000,000 shall be for transitional housing 
     assistance grants for victims of domestic violence, stalking 
     or sexual assault as authorized by Public Law 108-21;
       (5) $63,075,000 for grants to encourage arrest policies as 
     authorized by part U of the 1968 Act;
       (6) $39,166,000 for rural domestic violence and child abuse 
     enforcement assistance grants, as authorized by section 
     40295(a) of the 1994 Act;
       (7) $4,958,000 for training programs as authorized by 
     section 40152 of the 1994 Act, and for related local 
     demonstration projects;
       (8) $2,962,000 for grants to improve the stalking and 
     domestic violence databases, as authorized by section 40602 
     of the 1994 Act;
       (9) $9,054,000 to reduce violent crimes against women on 
     campus, as authorized by section 1108(a) of Public Law 106-
     386;
       (10) $39,220,000 for legal assistance for victims, as 
     authorized by section 1201(c) of Public Law 106-386;
       (11) $4,540,000 for enhancing protection for older and 
     disabled women from domestic violence and sexual assault, as 
     authorized by section 40802 of the 1994 Act;
       (12) $13,894,000 for the safe havens for children pilot 
     program, as authorized by section 1301(a) of Public Law 106-
     386; and
       (13) $7,155,000 for education and training to end violence 
     against and abuse of women with disabilities, as authorized 
     by section 1402(a) of Public Law 106-386.

                       Office of Justice Programs


                           Justice Assistance

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968, the Missing Children's 
     Assistance Act, including salaries and expenses in connection 
     therewith, the Prosecutorial Remedies and Other Tools to end 
     the Exploitation of Children Today Act of 2003 (Public Law 
     108-21), the Justice for All Act of 2004 (Public Law 108-
     405), and the Victims of Crime Act of 1984, $233,233,000, to 
     remain available until expended.


               State and Local Law Enforcement Assistance

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
     Act''); the Omnibus Crime Control and Safe Streets Act of 
     1968 (``the 1968 Act''); and the Victims of Trafficking and 
     Violence Protection Act of 2000 (Public Law 106-386); and 
     other programs; $1,142,707,000 (including amounts for 
     administrative costs, which shall be transferred to and 
     merged with the ``Justice Assistance'' account): Provided, 
     That funding provided under this heading shall remain 
     available until expended, as follows--
       (1) $416,478,000 for the Edward Byrne Memorial Justice 
     Assistance Grant program pursuant to the amendments made by 
     section 201 of H.R. 3036 of the 108th Congress, as passed by 
     the House of Representatives on March 30, 2004 (except that 
     the special rules for Puerto Rico established pursuant to 
     such amendments shall not apply for purposes of this Act), of 
     which--
       (A) $10,000,000 is for the National Institute of Justice in 
     assisting units of local government to identify, select, 
     develop, modernize, and purchase new technologies for use by 
     law enforcement; and
       (B) $85,000,000 for Boys and Girls Clubs in public housing 
     facilities and other areas in cooperation with State and 
     local law enforcement, as authorized by section 401 of Public 
     Law 104-294 (42 U.S.C. 13751 note);
       (2) $405,000,000 for the State Criminal Alien Assistance 
     Program, as authorized by section 242(j) of the Immigration 
     and Nationality Act;
       (3) $30,000,000 for the Southwest Border Prosecutor 
     Initiative to reimburse State, county, parish, tribal, or 
     municipal governments only for costs associated with the 
     prosecution of criminal cases declined by local United States 
     Attorneys offices;
       (4) $191,704,000 for discretionary grants authorized by 
     subpart 2 of part E, of title I of the 1968 Act, 
     notwithstanding the provisions of section 511 of said Act;
       (5) $10,000,000 for victim services programs for victims of 
     trafficking, as authorized by section 107(b)(2) of Public Law 
     106-386;
       (6) $850,000 for the Missing Alzheimer's Disease Patient 
     Alert Program, as authorized by section 240001(c) of the 1994 
     Act;
       (7) $10,000,000 for Drug Courts, as authorized by Part EE 
     of the 1968 Act;
       (8) $7,500,000 for a prescription drug monitoring program;
       (9) $18,175,000 for prison rape prevention and prosecution 
     programs, as authorized by the Prison Rape Elimination Act of 
     2003 (Public Law 108-79), of which $2,175,000 shall be 
     transferred to the National Prison Rape Elimination 
     Commission for authorized activities;
       (10) $10,000,000 for grants for residential substance abuse 
     treatment for State prisoners, as authorized by part S of the 
     1968 Act;
       (11) $10,000,000 for a program to improve State and local 
     law enforcement intelligence capabilities including 
     antiterrorism training and training to ensure that 
     constitutional rights, civil liberties, civil rights, and 
     privacy interests are protected throughout the intelligence 
     process;
       (12) $1,000,000 for a capital litigation improvement grant 
     program;
       (13) $5,000,000 for a cannabis eradication program to be 
     administered by the Drug Enforcement Administration;
       (14) $22,000,000 for assistance to Indian tribes, of 
     which--
       (A) $9,000,000 shall be available for grants under section 
     20109(a)(2) of subtitle A of title II of the 1994 Act;
       (B) $8,000,000 shall be available for the Tribal Courts 
     Initiative; and
       (C) $5,000,000 shall be available for demonstration 
     projects on alcohol and crime in Indian Country; and
       (15) $5,000,000 for mental health courts and adult and 
     juvenile collaboration program grants, as authorized by parts 
     V and HH of title I of the 1968 Act:
     Provided, That, if a unit of local government uses any of the 
     funds made available under this title to increase the number 
     of law enforcement officers, the unit of local government 
     will achieve a net gain in the number of law enforcement 
     officers who perform nonadministrative public safety service.


                       Weed and Seed Program Fund

       For necessary expenses, including salaries and related 
     expenses of the Executive Office for Weed and Seed, to 
     implement ``Weed and Seed'' program activities, $50,000,000, 
     to remain available until September 30, 2007, for inter-
     governmental agreements, including grants, cooperative 
     agreements, and contracts, with State and local law 
     enforcement agencies, non-profit organizations, and agencies 
     of local government engaged in the investigation and 
     prosecution of violent and gang-related crimes and drug 
     offenses in ``Weed and Seed'' designated communities, and for 
     either reimbursements or transfers to appropriation accounts 
     of the Department of Justice and other Federal agencies which 
     shall be specified by the Attorney General to execute the 
     ``Weed and Seed'' program strategy: Provided, That funds 
     designated by Congress through language for other Department 
     of Justice appropriation accounts for ``Weed and Seed'' 
     program activities shall be managed and executed by the 
     Attorney General through the Executive Office for Weed and 
     Seed: Provided further, That the Attorney General may direct 
     the use of other Department of Justice funds and personnel in 
     support of ``Weed and Seed'' program activities only after 
     the Attorney General notifies the Committees on 
     Appropriations of the House of Representatives and the Senate 
     in accordance with section 605 of this Act: Provided further, 
     That of the funds appropriated for the Executive Office for 
     Weed and Seed, not to exceed $2,000,000 shall be directed for 
     comprehensive community development training and technical 
     assistance.


                  community oriented policing services

                     (including transfer of funds)

       For activities authorized by the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322) (including 
     administrative costs), $478,300,000, to remain available 
     until expended: Provided, That of the funds under this 
     heading, not to exceed $2,575,000 shall be available for the 
     Office of Justice Programs for reimbursable services 
     associated with programs administered by the Community 
     Oriented Policing Services Office: Provided further, That 
     section 1703(b) and (c) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (``the 1968 Act'') shall not apply to 
     non-hiring grants made pursuant to part Q of title I thereof 
     (42 U.S.C. 3796dd et seq.): Provided further, That up to 
     $34,000,000 of balances made available as a result of prior 
     year deobligations may be obligated for program management 
     and administration, of which $5,000,000 shall be available 
     for transfer to the National Institute of Standards and 
     Technology: Provided further, That any balances made 
     available as a result of prior year deobligations in excess 
     of $34,000,000 shall only be obligated in accordance with 
     section 605 of this Act. Of the amounts provided--
       (1) $30,000,000 is for the matching grant program for law 
     enforcement armor vests as authorized by section 2501 of part 
     Y of the 1968 Act, of which not to exceed $3,000,000 may be 
     for the National Institute of Justice to test and evaluate 
     vests;
       (2) $63,590,000 is for policing initiatives to combat 
     methamphetamine production and trafficking and to enhance 
     policing initiatives in ``drug hot spots'';
       (3) $139,904,000 is for a law enforcement technologies and 
     interoperable communications program;
       (4) $10,000,000 is for grants to upgrade criminal records, 
     as authorized under the Crime Identification Technology Act 
     of 1998 (42 U.S.C. 14601);
       (5) $5,000,000 is for an offender re-entry program;
       (6) $108,531,000 is for a DNA analysis and capacity 
     enhancement program, and for other State, local and Federal 
     forensic activities, of which $4,000,000 shall be for grant 
     programs as authorized by sections 412 and 413 of Public Law 
     108-405;
       (7) $15,000,000 is for law enforcement assistance to Indian 
     tribes;
       (8) $40,000,000 for a national program to reduce gang 
     violence;
       (9) $4,000,000 is for training and technical assistance;
       (10) $18,500,000 is for Paul Coverdell Forensic Sciences 
     Improvement Grants under part BB of title I of the 1968 Act 
     (42 U.S.C. 3797j et seq.);
       (11) $28,775,000 is for grants, contracts and other 
     assistance to States under section 102(b) of the Crime 
     Identification Technology Act of 1998 (42 U.S.C. 14601); and
       (12) $15,000,000 is for Project Safe Neighborhoods, of 
     which $4,500,000 is for the National District Attorneys 
     Association to conduct prosecutorial training by the National 
     Advocacy Center.


                       Juvenile Justice Programs

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (``the Act''), and other juvenile 
     justice programs, including salaries and expenses in 
     connection therewith to be transferred to and merged with the 
     appropriations for Justice Assistance, $342,739,000, to 
     remain available until expended, as follows--

[[Page H9717]]

       (1) $712,000 for concentration of Federal efforts, as 
     authorized by section 204 of the Act;
       (2) $80,000,000 for State and local programs authorized by 
     section 221 of the Act, including training and technical 
     assistance to assist small, non-profit organizations with the 
     Federal grants process;
       (3) $106,027,000 for demonstration projects, as authorized 
     by sections 261 and 262 of the Act;
       (4) $10,000,000 for juvenile mentoring programs;
       (5) $65,000,000 for delinquency prevention, as authorized 
     by section 505 of the Act, of which--
       (A) $10,000,000 shall be for the Tribal Youth Program;
       (B) $25,000,000 shall be for a gang resistance education 
     and training program; and
       (C) $25,000,000 shall be for grants of $360,000 to each 
     State and $6,640,000 shall be available for discretionary 
     grants to States, for programs and activities to enforce 
     State laws prohibiting the sale of alcoholic beverages to 
     minors or the purchase or consumption of alcoholic beverages 
     by minors, prevention and reduction of consumption of 
     alcoholic beverages by minors, and for technical assistance 
     and training;
       (6) $1,000,000 for Project Childsafe;
       (7) $15,000,000 for the Secure Our Schools Act as 
     authorized by Public Law 106-386;
       (8) $15,000,000 for programs authorized by the Victims of 
     Child Abuse Act of 1990; and
       (9) $50,000,000 for the Juvenile Accountability Block 
     Grants program as authorized by Public Law 107-273 and Guam 
     shall be considered a State:
     Provided, That not more than 10 percent of each amount may be 
     used for research, evaluation, and statistics activities 
     designed to benefit the programs or activities authorized: 
     Provided further, That not more than 2 percent of each amount 
     may be used for training and technical assistance: Provided 
     further, That the previous two provisos shall not apply to 
     demonstration projects, as authorized by sections 261 and 262 
     of the Act: Provided further, That section 702(a) of Public 
     Law 88-352 shall apply to any grants for World Vision, 
     described in H. Rpt. 108-792 and the statement of managers 
     accompanying this Act, and awarded by the Attorney General.


                    Public Safety Officers Benefits

       To remain available until expended, for payments authorized 
     by part L of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796), such sums as are 
     necessary, as authorized by section 6093 of Public Law 100-
     690 (102 Stat. 4339-4340); and $4,884,000, to remain 
     available until expended for payments as authorized by 
     section 1201(b) of said Act; and $4,064,000 for educational 
     assistance, as authorized by section 1212 of the 1968 Act.

               General Provisions--Department of Justice

       Sec. 101. In addition to amounts otherwise made available 
     in this title for official reception and representation 
     expenses, a total of not to exceed $60,000 from funds 
     appropriated to the Department of Justice in this title shall 
     be available to the Attorney General for official reception 
     and representation expenses.
       Sec. 102. None of the funds appropriated by this title 
     shall be available to pay for an abortion, except where the 
     life of the mother would be endangered if the fetus were 
     carried to term, or in the case of rape: Provided, That 
     should this prohibition be declared unconstitutional by a 
     court of competent jurisdiction, this section shall be null 
     and void.
       Sec. 103. None of the funds appropriated under this title 
     shall be used to require any person to perform, or facilitate 
     in any way the performance of, any abortion.
       Sec. 104. Nothing in the preceding section shall remove the 
     obligation of the Director of the Bureau of Prisons to 
     provide escort services necessary for a female inmate to 
     receive such service outside the Federal facility: Provided, 
     That nothing in this section in any way diminishes the effect 
     of section 103 intended to address the philosophical beliefs 
     of individual employees of the Bureau of Prisons.
       Sec. 105. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Justice in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided, That any 
     transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation except in compliance 
     with the procedures set forth in that section: Provided 
     further, That none of the funds appropriated to ``Buildings 
     and Facilities, Federal Prison System'' in this or any other 
     Act may be transferred to ``Salaries and Expenses, Federal 
     Prison System'', or any other Department of Justice account, 
     unless the President certifies that such a transfer is 
     necessary to the national security interests of the United 
     States, and such authority shall not be delegated, and shall 
     be subject to section 605 of this Act.
       Sec. 106. The Attorney General is authorized to extend 
     through September 30, 2007, the Personnel Management 
     Demonstration Project transferred to the Attorney General 
     pursuant to section 1115 of the Homeland Security Act of 
     2002, Public Law 107-296 (6 U.S.C. 533) without limitation on 
     the number of employees or the positions covered.
       Sec. 107. Notwithstanding any other provision of law, 
     Public Law 102-395 section 102(b) shall extend to the Bureau 
     of Alcohol, Tobacco, Firearms and Explosives in the conduct 
     of undercover investigative operations and shall apply 
     without fiscal year limitation with respect to any undercover 
     investigative operation initiated by the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives that is necessary for the 
     detection and prosecution of crimes against the United 
     States.
       Sec. 108. None of the funds made available to the 
     Department of Justice in this Act may be used for the purpose 
     of transporting an individual who is a prisoner pursuant to 
     conviction for crime under State or Federal law and is 
     classified as a maximum or high security prisoner, other than 
     to a prison or other facility certified by the Federal Bureau 
     of Prisons as appropriately secure for housing such a 
     prisoner.
       Sec. 109. (a) None of the funds appropriated by this Act 
     may be used by Federal prisons to purchase cable television 
     services, to rent or purchase videocassettes, videocassette 
     recorders, or other audiovisual or electronic equipment used 
     primarily for recreational purposes.
       (b) The preceding sentence does not preclude the renting, 
     maintenance, or purchase of audiovisual or electronic 
     equipment for inmate training, religious, or educational 
     programs.
       Sec. 110. Within the funds provided under ``Justice 
     Information Sharing Technology'', the Attorney General shall 
     establish an investment review board, which the Deputy 
     Attorney General shall head: Provided, That within 90 days of 
     enactment of this Act, the Department shall submit a plan 
     that outlines the governance structure and membership of the 
     board: Provided further, That the Department shall submit 
     to the Committee on Appropriations of the Senate and the 
     Committee on Appropriations of the House of 
     Representatives, within 90 days of enactment of this Act, 
     the project criteria that will initiate the board's 
     oversight, to include a listing of all projects to be 
     reviewed during fiscal year 2006.
       Sec. 111. Section 3151(b) of title 5, United States Code, 
     is amended by--
       (1) striking paragraph (2)(A) and (B);
       (2) in paragraph (1) by striking ``(1)''; and
       (3) redesignating subparagraphs (A) and (B) as paragraphs 
     (1) and (2), respectively.
       Sec. 112. Within the funds provided for the Drug 
     Enforcement Administration, the Attorney General shall 
     establish a Methamphetamine Task Force within the Drug 
     Enforcement Administration which shall be responsible for 
     improving and targeting the Federal Government's policies 
     with respect to the production and trafficking of 
     methamphetamine: Provided, That within 90 days of enactment 
     of this Act, the Drug Enforcement Administration shall submit 
     a plan that outlines the governance structure and membership 
     of the task force: Provided further, That within 120 days the 
     Drug Enforcement Administration shall submit to the Committee 
     on Appropriations of the Senate and the Committee on 
     Appropriations of the House of Representatives the membership 
     of the task force and powers established for the task force.
       Sec. 113. (a) Section 4(a) of the Prison Rape Elimination 
     Act of 2003 (42 U.S.C. 15603(a)) is amended--
       (1) in paragraph (5), by inserting ``, except as authorized 
     in paragraph (7)'' before the period at the end; and
       (2) by adding at the end the following new paragraph:
       ``(7) Reporting on child abuse and neglect.--Nothing in 
     sections 304 or 812 of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3735, 3789g) or any 
     other provision of law, including paragraph (5), shall 
     prevent the Bureau (including its agents), in carrying out 
     the review and analysis under paragraph (1), from reporting 
     to the designated public officials such information (and only 
     such information) regarding child abuse or child neglect with 
     respect to which the statutes or regulations of a State (or a 
     political subdivision thereof) require prompt reporting.''.
       (b) Section 7(d)(3)(A) of the Prison Rape Elimination Act 
     of 2003 (42 U.S.C. 15606(d)(3)(A)) is amended by striking ``2 
     years'' and inserting ``3 years''.
       Sec. 114. The Attorney General shall waive the matching 
     requirement for the purchase of bulletproof vests of the 
     Bulletproof Vest Partnership Grant Act of 1998 for any law 
     enforcement agency that purchased defective Zylon-based body 
     armor with Federal funds pursuant to such Act between October 
     1, 1998, and September 30, 2005, and seeks to replace that 
     Zylon-based body armor, provided that the law enforcement 
     agency can present documentation to prove the purchase of 
     Zylon-based body armor with funds awarded to it under such 
     Act.
       This title may be cited as the ``Department of Justice 
     Appropriations Act, 2006''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative


                         Salaries and Expenses

       For necessary expenses of the Office of the United States 
     Trade Representative, including the hire of passenger motor 
     vehicles and the employment of experts and consultants as 
     authorized by 5 U.S.C. 3109, $44,779,000, of which $1,000,000 
     shall remain available until expended: Provided, That not to 
     exceed $124,000 shall be available for official reception and 
     representation expenses: Provided further, That not less than 
     $2,000,000 provided under this heading shall be for expenses 
     authorized by 19 U.S.C. 2451 and 1677b(c): Provided further, 
     That negotiations shall be conducted within the World Trade 
     Organization to recognize the right of members to distribute 
     monies collected from antidumping and countervailing duties: 
     Provided further, That negotiations shall be conducted within 
     the World Trade Organization consistent with the negotiating 
     objectives contained in the Trade Act of 2002, Public Law 
     107-210.

                     International Trade Commission


                         salaries and expenses

       For necessary expenses of the International Trade 
     Commission, including hire of passenger motor vehicles, and 
     services as authorized by 5 U.S.C. 3109, and not to exceed 
     $2,500 for official

[[Page H9718]]

     reception and representation expenses, $62,752,000, to remain 
     available until expended.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     Operations and administration

       For necessary expenses for international trade activities 
     of the Department of Commerce provided for by law, and for 
     engaging in trade promotional activities abroad, including 
     expenses of grants and cooperative agreements for the purpose 
     of promoting exports of United States firms, without 
     regard to 44 U.S.C. 3702 and 3703; full medical coverage 
     for dependent members of immediate families of employees 
     stationed overseas and employees temporarily posted 
     overseas; travel and transportation of employees of the 
     United States and Foreign Commercial Service between two 
     points abroad, without regard to 49 U.S.C. 40118; 
     employment of Americans and aliens by contract for 
     services; rental of space abroad for periods not exceeding 
     10 years, and expenses of alteration, repair, or 
     improvement; purchase or construction of temporary 
     demountable exhibition structures for use abroad; payment 
     of tort claims, in the manner authorized in the first 
     paragraph of 28 U.S.C. 2672 when such claims arise in 
     foreign countries; not to exceed $327,000 for official 
     representation expenses abroad; purchase of passenger 
     motor vehicles for official use abroad, not to exceed 
     $45,000 per vehicle; obtaining insurance on official motor 
     vehicles; and rental of tie lines, $406,925,000, to remain 
     available until September 30, 2007, of which $8,000,000 is 
     to be derived from fees to be retained and used by the 
     International Trade Administration, notwithstanding 31 
     U.S.C. 3302: Provided, That $47,434,000 shall be for 
     Manufacturing and Services; $39,815,000 shall be for 
     Market Access and Compliance; $62,134,000 shall be for the 
     Import Administration of which not less than $3,000,000 is 
     for the Office of China Compliance; $231,722,000 shall be 
     for the United States and Foreign Commercial Service; and 
     $25,820,000 shall be for Executive Direction and 
     Administration: Provided further, That negotiations shall 
     be conducted within the World Trade Organization to 
     recognize the right of members to distribute monies 
     collected from antidumping and countervailing duties: 
     Provided further, That the provisions of the first 
     sentence of section 105(f) and all of section 108(c) of 
     the Mutual Educational and Cultural Exchange Act of 1961 
     (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying 
     out these activities without regard to section 5412 of the 
     Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 
     4912); and that for the purpose of this Act, contributions 
     under the provisions of the Mutual Educational and 
     Cultural Exchange Act of 1961 shall include payment for 
     assessments for services provided as part of these 
     activities: Provided further, That the International Trade 
     Administration shall be exempt from the requirements of 
     Circular A-25 (or any successor administrative regulation 
     or policy) issued by the Office of Management and Budget: 
     Provided further, That negotiations shall be conducted 
     within the World Trade Organization consistent with the 
     negotiating objectives contained in the Trade Act of 2002, 
     Public Law 107-210.

                    Bureau of Industry and Security


                     Operations and administration

       For necessary expenses for export administration and 
     national security activities of the Department of Commerce, 
     including costs associated with the performance of export 
     administration field activities both domestically and abroad; 
     full medical coverage for dependent members of immediate 
     families of employees stationed overseas; employment of 
     Americans and aliens by contract for services abroad; payment 
     of tort claims, in the manner authorized in the first 
     paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
     countries; not to exceed $15,000 for official representation 
     expenses abroad; awards of compensation to informers under 
     the Export Administration Act of 1979, and as authorized by 
     22 U.S.C. 401(b); and purchase of passenger motor vehicles 
     for official use and motor vehicles for law enforcement use 
     with special requirement vehicles eligible for purchase 
     without regard to any price limitation otherwise established 
     by law, $76,000,000, to remain available until expended, of 
     which $14,767,000 shall be for inspections and other 
     activities related to national security: Provided, That the 
     provisions of the first sentence of section 105(f) and all of 
     section 108(c) of the Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 
     apply in carrying out these activities: Provided further, 
     That payments and contributions collected and accepted for 
     materials or services provided as part of such activities may 
     be retained for use in covering the cost of such activities, 
     and for providing information to the public with respect to 
     the export administration and national security activities of 
     the Department of Commerce and other export control programs 
     of the United States and other governments.

                  Economic Development Administration


                Economic development assistance programs

       For grants for economic development assistance as provided 
     by the Public Works and Economic Development Act of 1965, and 
     for trade adjustment assistance, $253,985,000, to remain 
     available until expended.


                         Salaries and expenses

       For necessary expenses of administering the economic 
     development assistance programs as provided for by law, 
     $30,075,000: Provided, That these funds may be used to 
     monitor projects approved pursuant to title I of the Public 
     Works Employment Act of 1976, title II of the Trade Act of 
     1974, and the Community Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency


                     Minority business development

       For necessary expenses of the Department of Commerce in 
     fostering, promoting, and developing minority business 
     enterprise, including expenses of grants, contracts, and 
     other agreements with public or private organizations, 
     $30,024,000.

                Economic and Information Infrastructure

                   Economic and Statistical Analysis


                         Salaries and expenses

       For necessary expenses, as authorized by law, of economic 
     and statistical analysis programs of the Department of 
     Commerce, $80,304,000, to remain available until September 
     30, 2007.

                          Bureau of the Census


                         Salaries and expenses

       For expenses necessary for collecting, compiling, 
     analyzing, preparing, and publishing statistics, provided for 
     by law, $198,029,000.


                     Periodic censuses and programs

       For necessary expenses related to the 2010 decennial 
     census, $453,596,000, to remain available until September 30, 
     2007.
       In addition, for expenses to collect and publish statistics 
     for other periodic censuses and programs provided for by law, 
     $160,612,000, to remain available until September 30, 2007: 
     Provided, That none of the funds provided in this or any 
     other Act for any fiscal year may be used for the collection 
     of Census data on race identification that does not include 
     ``some other race'' as a category.

       National Telecommunications and Information Administration


                         Salaries and expenses

       For necessary expenses, as provided for by law, of the 
     National Telecommunications and Information Administration 
     (NTIA), $18,068,000, to remain available until September 30, 
     2007: Provided, That, notwithstanding 31 U.S.C. 1535(d), the 
     Secretary of Commerce shall charge Federal agencies for costs 
     incurred in spectrum management, analysis, and operations, 
     and related services and such fees shall be retained and used 
     as offsetting collections for costs of such spectrum 
     services, to remain available until expended: Provided 
     further, That the Secretary of Commerce is authorized to 
     retain and use as offsetting collections all funds 
     transferred, or previously transferred, from other Government 
     agencies for all costs incurred in telecommunications 
     research, engineering, and related activities by the 
     Institute for Telecommunication Sciences of NTIA, in 
     furtherance of its assigned functions under this paragraph, 
     and such funds received from other Government agencies shall 
     remain available until expended.


    Public telecommunications facilities, planning and construction

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

               United States Patent and Trademark Office


                         Salaries and expenses

       For necessary expenses of the United States Patent and 
     Trademark Office provided for by law, including defense of 
     suits instituted against the Under Secretary of Commerce for 
     Intellectual Property and Director of the United States 
     Patent and Trademark Office, $1,683,086,000, to remain 
     available until expended: Provided, That the sum herein 
     appropriated from the general fund shall be reduced as 
     offsetting collections assessed and collected pursuant to 15 
     U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during 
     fiscal year 2006, so as to result in a fiscal year 2006 
     appropriation from the general fund estimated at $0: Provided 
     further, That during fiscal year 2006, should the total 
     amount of offsetting fee collections be less than 
     $1,683,086,000, this amount shall be reduced accordingly: 
     Provided further, That not less than 657 full-time 
     equivalents, 690 positions and $85,017,000 shall be for the 
     examination of trademark applications; and not less than 
     5,810 full-time equivalents, 6,241 positions and $906,142,000 
     shall be for the examination and searching of patent 
     applications: Provided further, That not more than 265 full-
     time equivalents, 272 positions and $37,490,000 shall be for 
     the Office of the General Counsel: Provided further, That not 
     more than 82 full-time equivalents, 83 positions and 
     $25,393,000 shall be for the Office of the Administrator for 
     External Affairs: Provided further, That any deviation from 
     the full-time equivalent, position, and funding designations 
     set forth in the preceding four provisos shall be subject to 
     the procedures set forth in section 605 of this Act: Provided 
     further, That from amounts provided herein, not to exceed 
     $1,000 shall be made available in fiscal year 2006 for 
     official reception and representation expenses: Provided 
     further, That notwithstanding section 1353 of title 31, 
     United States Code, no employee of the United States Patent 
     and Trademark Office may accept payment or reimbursement from 
     a non-Federal entity for travel, subsistence, or related 
     expenses for the purpose of enabling an employee to attend 
     and participate in a convention, conference, or meeting when 
     the entity offering payment or reimbursement is a person or 
     corporation subject to regulation by the Office, or 
     represents a person or corporation subject to regulation by 
     the Office, unless the person or corporation is an 
     organization exempt from taxation pursuant to section 
     501(c)(3) of the Internal Revenue Code of 1986: Provided 
     further, That in fiscal year 2006, from the amounts made 
     available for ``Salaries and Expenses'' for the United States 
     Patent and Trademark Office (PTO), the amounts necessary

[[Page H9719]]

     to pay: (1) the difference between the percentage of basic 
     pay contributed by the PTO and employees under section 
     8334(a) of title 5, United States Code, and the normal cost 
     percentage (as defined by section 8331(17) of that title) of 
     basic pay, of employees subject to subchapter III of chapter 
     83 of that title; and (2) the present value of the otherwise 
     unfunded accruing costs, as determined by the Office of 
     Personnel Management, of post-retirement life insurance and 
     post-retirement health benefits coverage for all PTO 
     employees, shall be transferred to the Civil Service 
     Retirement and Disability Fund, the Employees Life Insurance 
     Fund, and the Employees Health Benefits Fund, as appropriate, 
     and shall be available for the authorized purposes of 
     those accounts.

                         Science and Technology

                       Technology Administration


                         Salaries and expenses

       For necessary expenses for the Under Secretary for 
     Technology Office of Technology Policy, $6,000,000.

             National Institute of Standards and Technology


             Scientific and technical research and services

       For necessary expenses of the National Institute of 
     Standards and Technology, $399,869,000, to remain available 
     until expended, of which not to exceed $1,300,000 may be 
     transferred to the ``Working Capital Fund''.


                     Industrial technology services

       For necessary expenses of the Hollings Manufacturing 
     Extension Partnership of the National Institute of Standards 
     and Technology, $106,000,000, to remain available until 
     expended.
       In addition, for necessary expenses of the Advanced 
     Technology Program of the National Institute of Standards and 
     Technology, $80,000,000, to remain available until expended.


                  Construction of research facilities

       For construction of new research facilities, including 
     architectural and engineering design, and for renovation and 
     maintenance of existing facilities, not otherwise provided 
     for the National Institute of Standards and Technology, as 
     authorized by 15 U.S.C. 278c-278e, $175,898,000, to remain 
     available until expended: Provided, That beginning in fiscal 
     year 2007 and for each fiscal year thereafter, the Secretary 
     of Commerce shall include in the budget justification 
     materials that the Secretary submits to Congress in support 
     of the Department of Commerce budget (as submitted with the 
     budget of the President under section 1105(a) of title 31, 10 
     United States Code) an estimate for each National Institute 
     of Standards and Technology construction project having a 
     total multiyear program cost of more than $5,000,000 and 
     simultaneously the budget justification materials shall 
     include an estimate of the budgetary requirements for each 
     such project for each of the five subsequent fiscal years.

            National Oceanic and Atmospheric Administration


                  Operations, research, and facilities

                     (INCLUDING TRANSFERs OF FUNDS)

       For necessary expenses of activities authorized by law for 
     the National Oceanic and Atmospheric Administration, 
     including maintenance, operation, and hire of aircraft and 
     vessels; grants, contracts, or other payments to nonprofit 
     organizations for the purposes of conducting activities 
     pursuant to cooperative agreements; and relocation of 
     facilities, $2,763,222,000, to remain available until 
     September 30, 2007, except for funds provided for cooperative 
     enforcement which shall remain available until September 30, 
     2008: Provided, That fees and donations received by the 
     National Ocean Service for the management of national marine 
     sanctuaries may be retained and used for the salaries and 
     expenses associated with those activities, notwithstanding 31 
     U.S.C. 3302: Provided further, That in addition, $3,000,000 
     shall be derived by transfer from the fund entitled ``Coastal 
     Zone Management'' and in addition $67,000,000 shall be 
     derived by transfer from the fund entitled ``Promote and 
     Develop Fishery Products and Research Pertaining to American 
     Fisheries'': Provided further, That of the $2,833,222,000 
     provided for in direct obligations under this heading 
     $2,763,222,000 is appropriated from the General Fund and 
     $70,000,000 is provided by transfer: Provided further, That 
     no general administrative charge shall be applied against an 
     assigned activity included in this Act or the report 
     accompanying this Act: Provided further, That the total 
     amount available for the National Oceanic and Atmospheric 
     Administration corporate services administrative support 
     costs shall not exceed $179,036,000: Provided further, That 
     payments of funds made available under this heading to the 
     Department of Commerce Working Capital Fund including 
     Department of Commerce General Counsel legal services shall 
     not exceed $34,000,000: Provided further, That any deviation 
     from the amounts designated for specific activities in the 
     report accompanying this Act, or any use of deobligated 
     balances of funds provided under this heading in previous 
     years, shall be subject to the procedures set forth in 
     section 605 of this Act: Provided further, That grants to 
     States pursuant to sections 306 and 306A of the Coastal Zone 
     Management Act of 1972, as amended, shall not exceed 
     $2,000,000, unless funds provided for ``Coastal Zone 
     Management Grants'' exceed funds provided in the previous 
     fiscal year: Provided further, That if funds provided for 
     ``Coastal Zone Management Grants'' exceed funds provided in 
     the previous fiscal year, then no State shall receive more 
     than 5 percent or less than 1 percent of the additional 
     funds: Provided further, That the personnel management 
     demonstration project established at the National Oceanic and 
     Atmospheric Administration pursuant to 5 U.S.C. 4703 may be 
     expanded by 3,500 full-time positions to include up to 6,925 
     full-time positions and may be extended indefinitely: 
     Provided further, That the Administrator of the National 
     Oceanic and Atmospheric Administration may engage in formal 
     and informal education activities, including primary and 
     secondary education, related to the agency's mission goals: 
     Provided further, That, in accordance with the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 611 et seq.), within funds 
     appropriated under this heading, $2,000,000 shall remain 
     available until expended, for the cost of loans under section 
     211(e) of title II of Division C of Public Law 105-277, such 
     loans to have terms of up to 30 years and to be available for 
     use in any of the Bering Sea and Aleutian Islands fisheries.
       In addition, for necessary retired pay expenses under the 
     Retired Serviceman's Family Protection and Survivor Benefits 
     Plan, and for payments for the medical care of retired 
     personnel and their dependents under the Dependents Medical 
     Care Act (10 U.S.C. ch. 55), such sums as may be necessary.


               PROCUREMENT, ACQUISITION AND CONSTRUCTION

       For procurement, acquisition and construction of capital 
     assets, including alteration and modification costs, of the 
     National Oceanic and Atmospheric Administration, 
     $1,124,278,000, to remain available until September 30, 2008, 
     except funds provided for construction of facilities which 
     shall remain available until expended: Provided, That of the 
     amounts provided for the National Polar-orbiting Operational 
     Environmental Satellite System, funds shall only be made 
     available on a dollar for dollar matching basis with funds 
     provided for the same purpose by the Department of Defense: 
     Provided further, That except to the extent expressly 
     prohibited by any other law, the Department of Defense may 
     delegate procurement functions related to the National Polar-
     orbiting Operational Environmental Satellite System to 
     officials of the Department of Commerce pursuant to section 
     2311 of title 10, United States Code: Provided further, That 
     any deviation from the amounts designated for specific 
     activities in the report accompanying this Act, or any use of 
     deobligated balances of funds provided under this heading in 
     previous years, shall be subject to the procedures set forth 
     in section 605 of this Act: Provided further, That beginning 
     in fiscal year 2007 and for each fiscal year thereafter, the 
     Secretary of Commerce shall include in the budget 
     justification materials that the Secretary submits to 
     Congress in support of the Department of Commerce budget (as 
     submitted with the budget of the President under section 
     1105(a) of title 31, 10 United States Code) an estimate for 
     each National Oceanic and Atmospheric Administration 
     procurement, acquisition and construction program having a 
     total multiyear program cost of more than $5,000,000 and an 
     estimate of the budgetary requirements for each such program 
     for each of the five subsequent fiscal years: Provided 
     further, That subject to amounts provided in advance in 
     appropriations Acts, the Secretary of Commerce is authorized 
     to enter into a lease with The Regents of the University of 
     California for land at the San Diego Campus in La Jolla 
     for a term not less than 55 years: Provided further, That 
     funds appropriated for the construction of the National 
     Oceanic and Atmospheric Administration Pacific Regional 
     Center are an additional increment in the incremental 
     funding planned for the Center, and may be expended 
     incrementally, through multi-year contracts for 
     construction and related activities, provided that 
     obligations under any such multi-year contract shall be 
     subject to the availability of appropriations.


                    Pacific coastal salmon recovery

       For necessary expenses associated with the restoration of 
     Pacific salmon populations, $67,500,000.


                      Coastal zone management fund

                     (including transfer of funds)

       Of amounts collected pursuant to section 308 of the Coastal 
     Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed 
     $3,000,000 shall be transferred to the ``Operations, 
     Research, and Facilities'' account to offset the costs of 
     implementing such Act.


                   Fisheries finance program account

       For the costs of direct loans, $287,000, as authorized by 
     the Merchant Marine Act of 1936: Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in the Federal Credit Reform Act of 1990: Provided 
     further, That these funds are only available to subsidize 
     gross obligations for the principal amount of direct loans 
     not to exceed $5,000,000 for Individual Fishing Quota loans, 
     and not to exceed $59,000,000 for traditional direct loans, 
     of which $19,000,000 may be used for direct loans to the 
     United States menhaden fishery: Provided further, That none 
     of the funds made available under this heading may be used 
     for direct loans for any new fishing vessel that will 
     increase the harvesting capacity in any United States 
     fishery.

                                 Other

                        Departmental Management


                         Salaries and expenses

       For expenses necessary for the departmental management of 
     the Department of Commerce provided for by law, including not 
     to exceed $5,000 for official entertainment, $47,466,000: 
     Provided, That not to exceed 11 full-time equivalents and 
     $1,490,000 shall be expended for the legislative affairs 
     function of the Department.


               United States Travel and Tourism Promotion

       For necessary expenses of the United States Travel and 
     Tourism Promotion Program, as authorized by section 210 of 
     Public Law 108-7, for programs promoting travel to the United 
     States including grants, contracts, cooperative agreements 
     and related costs, $4,000,000, to remain available until 
     September 30, 2007.

[[Page H9720]]

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $22,758,000.

               General Provisions--Department of Commerce


                     (including transfer of funds)

       Sec. 201. During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the certification 
     of officials designated by the Secretary of Commerce that 
     such payments are in the public interest.
       Sec. 202. During the current fiscal year, appropriations 
     made available to the Department of Commerce by this Act for 
     salaries and expenses shall be available for hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
     1344; services as authorized by 5 U.S.C. 3109; and uniforms 
     or allowances therefor, as authorized by law (5 U.S.C. 5901-
     5902).
       Sec. 203. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Commerce in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers: Provided, That 
     any transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section: 
     Provided further, That the Secretary of Commerce shall notify 
     the Committees on Appropriations at least 15 days in advance 
     of the acquisition or disposal of any capital asset 
     (including land, structures, and equipment) not specifically 
     provided for in this or any other Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act: Provided further, That for the National 
     Oceanic and Atmospheric Administration this section shall 
     provide for transfers among appropriations made only to the 
     National Oceanic and Atmospheric Administration and such 
     appropriations may not be transferred and reprogrammed to 
     other Department of Commerce bureaus and appropriation 
     accounts.
       Sec. 204. Any costs incurred by a department or agency 
     funded under this title resulting from personnel actions 
     taken in response to funding reductions included in this 
     title or from actions taken for the care and protection of 
     loan collateral or grant property shall be absorbed within 
     the total budgetary resources available to such department or 
     agency: Provided, That the authority to transfer funds 
     between appropriations accounts as may be necessary to carry 
     out this section is provided in addition to authorities 
     included elsewhere in this Act: Provided further, That use of 
     funds to carry out this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 205. Funds made available for salaries and 
     administrative expenses to administer the Emergency Steel 
     Loan Guarantee Program in section 211(b) of Public Law 108-
     199 shall remain available until expended: Provided, That 
     section 101(k) of the Emergency Steel Loan Guarantee Act of 
     1999 (Public Law 106-51; 15 U.S.C. 1841 note) is amended by 
     striking ``2005'' and inserting ``2007''.
       Sec. 206. Notwithstanding any other provision of this Act, 
     no funds appropriated under this Act shall be used to 
     register, issue, transfer, or enforce any trademark of the 
     phrase ``Last Best Place''.
       Sec. 207. Notwithstanding any other provision of law, of 
     the amounts made available elsewhere in this title to the 
     ``National Institute of Standards and Technology, 
     Construction of Research Facilities'', $8,000,000 is for a 
     cooperative agreement with the Medical University of South 
     Carolina; $20,000,000 is for the National Formulation 
     Science Laboratory at the University of Southern 
     Mississippi; $20,000,000 is for the University of 
     Mississippi Research Park; $5,000,000 is for the Alabama 
     State University Science and Education Building; 
     $8,000,000 is for Tuscaloosa, Alabama, revitalization; 
     $20,000,000 is for the Biomedical Research Center at the 
     University of Alabama at Birmingham; $3,000,000 is for the 
     Institute for Security Technology Studies; $1,000,000 is 
     for the Thayer School of Engineering; $12,000,000 is for 
     the WVHTCF Research Facility; and $30,000,000 is for the 
     University of Alabama for the design and construction of 
     the Science and Engineering Center.
       Sec. 208. Of the amount available from the fund entitled 
     ``Promote and Develop Fishery Products and Research 
     Pertaining to American Fisheries'', $7,000,000 shall be 
     provided to the Alaska Fisheries Marketing Board, $5,000,000 
     shall be available to the Southern Shrimp Alliance for its 
     ``Wild American Shrimp Marketing Program''.
       Sec. 209. Of the amounts made available under the heading 
     ``Procurement, Acquisition and Construction, National Oceanic 
     and Atmospheric Administration'', $27,000,000 shall be 
     transferred to the National Aeronautics and Space 
     Administration for the planning, design, and construction of 
     Building 3203, for the planning and design of Buildings 3205 
     and 3216, and for certain infrastructure improvements.
       This title may be cited as the ``Department of Commerce and 
     Related Agencies Appropriations Act, 2006''.

                           TITLE III--SCIENCE

                Office of Science and Technology Policy

       For necessary expenses of the Office of Science and 
     Technology Policy, in carrying out the purposes of the 
     National Science and Technology Policy, Organization, and 
     Priorities Act of 1976 (42 U.S.C. 6601-6671), hire of 
     passenger motor vehicles, and services as authorized by 5 
     U.S.C. 3109, not to exceed $2,500 for official reception and 
     representation expenses, and rental of conference rooms in 
     the District of Columbia, $5,564,000.

             National Aeronautics and Space Administration


                  Science, Aeronautics And Exploration

                     (including transfer of funds)

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science, aeronautics and exploration 
     research and development activities, including research, 
     development, operations, support and services; maintenance; 
     construction of facilities including repair, rehabilitation, 
     revitalization, and modification of facilities, construction 
     of new facilities and additions to existing facilities, 
     facility planning and design, and restoration, and 
     acquisition or condemnation of real property, as authorized 
     by law; environmental compliance and restoration; space 
     flight, spacecraft control and communications activities 
     including operations, production, and services; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     travel expenses; purchase and hire of passenger motor 
     vehicles; not to exceed $35,000 for official reception and 
     representation expenses; and purchase, lease, charter, 
     maintenance and operation of mission and administrative 
     aircraft, $9,761,400,000, to remain available until September 
     30, 2007, of which amounts as determined by the Administrator 
     for salaries and benefits; training, travel and awards; 
     facility and related costs; information technology services; 
     science, engineering, fabricating and testing services; and 
     other administrative services may be transferred to 
     ``Exploration Capabilities'' in accordance with section 
     312(b) of the National Aeronautics and Space Act of 1958, as 
     amended by Public Law 106-377.


                        Exploration Capabilities

                     (including transfer of funds)

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of exploration capabilities research and 
     development activities, including research, development, 
     operations, support and services; maintenance; construction 
     of facilities including repair, rehabilitation, 
     revitalization and modification of facilities, construction 
     of new facilities and additions to existing facilities, 
     facility planning and design, and acquisition or condemnation 
     of real property, as authorized by law; environmental 
     compliance and restoration; space flight, spacecraft control 
     and communications activities including operations, 
     production, and services; program management; personnel and 
     related costs, including uniforms or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; travel expenses; purchase 
     and hire of passenger motor vehicles; not to exceed $35,000 
     for official reception and representation expenses; and 
     purchase, lease, charter, maintenance and operation of 
     mission and administrative aircraft, $6,663,000,000, to 
     remain available until September 30, 2007, of which amounts 
     as determined by the Administrator for salaries and benefits; 
     training, travel and awards; facility and related costs; 
     information technology services; science, engineering, 
     fabricating and testing services; and other administrative 
     services may be transferred to ``Science, Aeronautics and 
     Exploration'' in accordance with section 312(b) of the 
     National Aeronautics and Space Act of 1958, as amended by 
     Public Law 106-377.


                      Office of Inspector General

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


                       Administrative Provisions

       Notwithstanding the limitation on the availability of funds 
     appropriated for ``Science, Aeronautics and Exploration'', or 
     ``Exploration Capabilities'' by this appropriations Act, when 
     any activity has been initiated by the incurrence of 
     obligations for construction of facilities or environmental 
     compliance and restoration activities as authorized by law, 
     such amount available for such activity shall remain 
     available until expended. This provision does not apply to 
     the amounts appropriated for institutional minor 
     revitalization and construction of facilities, and 
     institutional facility planning and design.
       Notwithstanding the limitation on the availability of funds 
     appropriated for ``Science, Aeronautics and Exploration'', or 
     ``Exploration Capabilities'' by this appropriations Act, the 
     amounts appropriated for construction of facilities shall 
     remain available until September 30, 2008.
       Funds for announced prizes otherwise authorized shall 
     remain available, without fiscal year limitation, until the 
     prize is claimed or the offer is withdrawn. Funding shall not 
     be made available for Centennial Challenges unless 
     authorized.
       Funding made available under the headings ``Exploration 
     Capabilities'' and ``Science, Aeronautics, and Exploration'' 
     in this Act shall be governed by the terms and conditions 
     specified in the statement of managers accompanying the 
     conference report for this Act.
       The unexpired balances of prior appropriations to National 
     Aeronautics and Space Administration for activities for which 
     funds are provided under this Act may be transferred to the 
     new account established for the appropriation that provides 
     such activity under this Act. Balances so transferred may be 
     merged with funds in the newly established account and 
     thereafter may be accounted for as one fund under the same 
     terms and conditions.

[[Page H9721]]

                      National Science Foundation


                    Research and related activities

       For necessary expenses in carrying out the National Science 
     Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and 
     the Act to establish a National Medal of Science (42 U.S.C. 
     1880-1881); services as authorized by 5 U.S.C. 3109; 
     maintenance and operation of aircraft and purchase of flight 
     services for research support; acquisition of aircraft; and 
     authorized travel; $4,387,520,000, to remain available until 
     September 30, 2007, of which not to exceed $425,000,000 shall 
     remain available until expended for Polar research and 
     operations support, and for reimbursement to other Federal 
     agencies for operational and science support and logistical 
     and other related activities for the United States Antarctic 
     program: Provided, That from funds specified in the fiscal 
     year 2006 budget request for icebreaking services, such sums 
     shall be available for the procurement of polar icebreaking 
     services: Provided further, That the National Science 
     Foundation shall reimburse the Coast Guard according to the 
     existing memorandum of agreement: Provided further, That 
     receipts for scientific support services and materials 
     furnished by the National Research Centers and other National 
     Science Foundation supported research facilities may be 
     credited to this appropriation: Provided further, That to the 
     extent that the amount appropriated is less than the total 
     amount authorized to be appropriated for included program 
     activities, all amounts, including floors and ceilings, 
     specified in the authorizing Act for those program activities 
     or their subactivities shall be reduced proportionally: 
     Provided further, That funds under this heading may be 
     available for innovation inducement prizes.


          Major research equipment and facilities construction

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


                     education and human resources

       For necessary expenses in carrying out science and 
     engineering education and human resources programs and 
     activities pursuant to the National Science Foundation Act of 
     1950, as amended (42 U.S.C. 1861-1875), including services as 
     authorized by 5 U.S.C. 3109, authorized travel, and rental of 
     conference rooms in the District of Columbia, $807,000,000, 
     to remain available until September 30, 2007: Provided, That 
     to the extent that the amount of this appropriation is less 
     than the total amount authorized to be appropriated for 
     included program activities, all amounts, including floors 
     and ceilings, specified in the authorizing Act for those 
     program activities or their subactivities shall be reduced 
     proportionally.


                         salaries and expenses

       For salaries and expenses necessary in carrying out the 
     National Science Foundation Act of 1950, as amended (42 
     U.S.C. 1861-1875); services authorized by 5 U.S.C. 3109; hire 
     of passenger motor vehicles; not to exceed $9,000 for 
     official reception and representation expenses; uniforms or 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     rental of conference rooms in the District of Columbia; and 
     reimbursement of the General Services Administration for 
     security guard services; $250,000,000: Provided, That 
     contracts may be entered into under ``Salaries and Expenses'' 
     in fiscal year 2006 for maintenance and operation of 
     facilities, and for other services, to be provided during the 
     next fiscal year.


                  Office of the National Science Board

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


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     as authorized by the Inspector General Act of 1978, as 
     amended, $11,500,000, to remain available until September 30, 
     2007.
       This title may be cited as the ``Science Appropriations 
     Act, 2006''.

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

                     (Including Transfer of Funds)

       For necessary expenses of the Department of State and the 
     Foreign Service not otherwise provided for, including 
     employment, without regard to civil service and 
     classification laws, of persons on a temporary basis (not to 
     exceed $700,000 of this appropriation), as authorized by 
     section 801 of the United States Information and Educational 
     Exchange Act of 1948; representation to certain international 
     organizations in which the United States participates 
     pursuant to treaties ratified pursuant to the advice and 
     consent of the Senate or specific Acts of Congress; arms 
     control, nonproliferation and disarmament activities as 
     authorized; acquisition by exchange or purchase of passenger 
     motor vehicles as authorized by law; and for expenses of 
     general administration, $3,680,019,000: Provided, That not to 
     exceed 71 permanent positions and $9,804,000 shall be for the 
     Bureau of Legislative Affairs: Provided further, That of the 
     amount made available under this heading, not to exceed 
     $4,000,000 may be transferred to, and merged with, funds in 
     the ``Emergencies in the Diplomatic and Consular Service'' 
     appropriations account, to be available only for emergency 
     evacuations and terrorism rewards: Provided further, That of 
     the amount made available under this heading, not less than 
     $334,000,000 shall be available only for public diplomacy 
     international information programs: Provided further, That of 
     the amount made available under this heading, not less than 
     $2,000,000 shall be for a contribution to the Scholar Rescue 
     Fund endowment: Provided further, That of the amount made 
     available under this heading, $3,000,000 shall be available 
     only for the operations of the Office on Right-Sizing the 
     United States Government Overseas Presence: Provided further, 
     That funds available under this heading may be available for 
     a United States Government interagency task force to examine, 
     coordinate and oversee United States participation in the 
     United Nations headquarters renovation project: Provided 
     further, That no funds may be obligated or expended for 
     processing licenses for the export of satellites of United 
     States origin (including commercial satellites and satellite 
     components) to the People's Republic of China unless, at 
     least 15 days in advance, the Committees on Appropriations of 
     the House of Representatives and the Senate are notified of 
     such proposed action: Provided further, That funds 
     appropriated under this heading are available, pursuant to 31 
     U.S.C. 1108(g), for the field examination of programs and 
     activities in the United States funded from any account 
     contained in this title.
       In addition, not to exceed $1,469,000 shall be derived from 
     fees collected from other executive agencies for lease or use 
     of facilities located at the International Center in 
     accordance with section 4 of the International Center Act; in 
     addition, as authorized by section 5 of such Act, $490,000, 
     to be derived from the reserve authorized by that section, to 
     be used for the purposes set out in that section; in 
     addition, as authorized by section 810 of the United States 
     Information and Educational Exchange Act, not to exceed 
     $6,000,000, to remain available until expended, may be 
     credited to this appropriation from fees or other payments 
     received from English teaching, library, motion pictures, and 
     publication programs and from fees from educational advising 
     and counseling and exchange visitor programs; and, in 
     addition, not to exceed $15,000, which shall be derived from 
     reimbursements, surcharges, and fees for use of Blair House 
     facilities.
       In addition, for the costs of worldwide security upgrades, 
     $689,523,000, to remain available until expended.


                        Capital Investment Fund

       For necessary expenses of the Capital Investment Fund, 
     $58,895,000, to remain available until expended, as 
     authorized: Provided, That section 135(e) of Public Law 103-
     236 shall not apply to funds available under this heading.


        CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM

       For expenses relating to the modernization of the 
     information technology systems and networks of the Department 
     of State, $69,368,000, to remain available until expended.


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General, 
     $30,029,000, notwithstanding section 209(a)(1) of the Foreign 
     Service Act of 1980 (Public Law 96-465), as it relates to 
     post inspections.


               Educational and Cultural Exchange Programs

       For expenses of educational and cultural exchange programs, 
     as authorized, $431,790,000, to remain available until 
     expended: Provided, That not to exceed $2,000,000, to remain 
     available until expended, may be credited to this 
     appropriation from fees or other payments received from or in 
     connection with English teaching, educational advising and 
     counseling programs, and exchange visitor programs as 
     authorized.


                       Representation Allowances

       For representation allowances as authorized, $8,281,000.


              Protection of Foreign Missions and Officials

       For expenses, not otherwise provided, to enable the 
     Secretary of State to provide for extraordinary protective 
     services, as authorized, $9,390,000, to remain available 
     until September 30, 2007.


            Embassy Security, Construction, and Maintenance

       For necessary expenses for carrying out the Foreign Service 
     Buildings Act of 1926 (22 U.S.C. 292-303), preserving, 
     maintaining, repairing, and planning for buildings that are 
     owned or directly leased by the Department of State, 
     renovating, in addition to funds otherwise available, the 
     Harry S Truman Building, and carrying out the Diplomatic 
     Security Construction Program as authorized, $598,800,000, to 
     remain available until expended as authorized, of which not 
     to exceed $25,000 may be used for domestic and overseas 
     representation as authorized: Provided, That none of the 
     funds appropriated in this paragraph shall be available for 
     acquisition of furniture, furnishings, or generators for 
     other departments and agencies.
       In addition, for the costs of worldwide security upgrades, 
     acquisition, and construction as authorized, $910,200,000, to 
     remain available until expended.


           Emergencies in the Diplomatic and Consular Service

                     (Including Transfer of Funds)

       For expenses necessary to enable the Secretary of State to 
     meet unforeseen emergencies arising in the Diplomatic and 
     Consular Service, $10,000,000, to remain available until 
     expended as authorized, of which not to exceed $1,000,000

[[Page H9722]]

     may be transferred to and merged with the ``Repatriation 
     Loans Program Account'', subject to the same terms and 
     conditions.


                   Repatriation Loans Program Account

                     (Including Transfer of Funds)

       For the cost of direct loans, $712,000, as authorized: 
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974.
       In addition, for administrative expenses necessary to carry 
     out the direct loan program, $607,000, which may be 
     transferred to and merged with funds in the ``Diplomatic and 
     Consular Programs'' account.


              Payment to the American Institute in Taiwan

       For necessary expenses to carry out the Taiwan Relations 
     Act (Public Law 96-8), $19,751,000.


     Payment to the Foreign Service Retirement and Disability Fund

       For payment to the Foreign Service Retirement and 
     Disability Fund, as authorized by law, $131,700,000.

                      International Organizations


              Contributions to International Organizations

       For expenses, not otherwise provided for, necessary to meet 
     annual obligations of membership in international 
     multilateral organizations, pursuant to treaties ratified 
     pursuant to the advice and consent of the Senate, conventions 
     or specific Acts of Congress, $1,166,212,000: Provided, That 
     the Secretary of State shall, at the time of the submission 
     of the President's budget to Congress under section 1105(a) 
     of title 31, United States Code, transmit to the Committees 
     on Appropriations the most recent biennial budget prepared by 
     the United Nations for the operations of the United Nations: 
     Provided further, That the Secretary of State shall notify 
     the Committees on Appropriations at least 15 days in advance 
     (or in an emergency, as far in advance as is practicable) of 
     any United Nations action to increase funding for any United 
     Nations program without identifying an offsetting decrease 
     elsewhere in the United Nations budget and cause the United 
     Nations budget for the biennium 2006-2007 to exceed the 
     revised United Nations budget level for the biennium 2004-
     2005 of $3,695,480,000: Provided further, That any payment of 
     arrearages under this title shall be directed toward special 
     activities that are mutually agreed upon by the United States 
     and the respective international organization: Provided 
     further, That none of the funds appropriated in this 
     paragraph shall be available for a United States contribution 
     to an international organization for the United States share 
     of interest costs made known to the United States Government 
     by such organization for loans incurred on or after October 
     1, 1984, through external borrowings.


        Contributions for International Peacekeeping Activities

       For necessary expenses to pay assessed and other expenses 
     of international peacekeeping activities directed to the 
     maintenance or restoration of international peace and 
     security, $1,035,500,000, of which 15 percent shall remain 
     available until September 30, 2007: Provided, That none of 
     the funds made available under this Act shall be obligated or 
     expended for any new or expanded United Nations peacekeeping 
     mission unless, at least 15 days in advance of voting for the 
     new or expanded mission in the United Nations Security 
     Council (or in an emergency as far in advance as is 
     practicable): (1) the Committees on Appropriations and other 
     appropriate committees of the Congress are notified of the 
     estimated cost and length of the mission, the national 
     interest that will be served, and the planned exit strategy; 
     (2) the Committees on Appropriations and other appropriate 
     committees of the Congress are notified that the United 
     Nations has taken appropriate measures to prevent United 
     Nations employees, contractor personnel, and peacekeeping 
     forces serving in any United Nations peacekeeping mission 
     from trafficking in persons, exploiting victims of 
     trafficking, or committing acts of illegal sexual 
     exploitation, and to hold accountable individuals who engage 
     in such acts while participating in the peacekeeping mission; 
     and (3) a reprogramming of funds pursuant to section 605 of 
     this Act is submitted, and the procedures therein followed, 
     setting forth the source of funds that will be used to pay 
     for the cost of the new or expanded mission: Provided 
     further, That funds shall be available for peacekeeping 
     expenses only upon a certification by the Secretary of State 
     to the appropriate committees of the Congress that American 
     manufacturers and suppliers are being given opportunities to 
     provide equipment, services, and material for United Nations 
     peacekeeping activities equal to those being given to foreign 
     manufacturers and suppliers: Provided further, That none of 
     the funds made available under this heading are available to 
     pay the United States share of the cost of court monitoring 
     that is part of any United Nations peacekeeping mission.

                       International Commissions

       For necessary expenses, not otherwise provided for, to meet 
     obligations of the United States arising under treaties, or 
     specific Acts of Congress, as follows:


 international boundary and water commission, united states and mexico

       For necessary expenses for the United States Section of the 
     International Boundary and Water Commission, United States 
     and Mexico, and to comply with laws applicable to the United 
     States Section, including not to exceed $6,000 for 
     representation; as follows:


                         salaries and expenses

       For salaries and expenses, not otherwise provided for, 
     $28,000,000.


                              Construction

       For detailed plan preparation and construction of 
     authorized projects, $5,300,000, to remain available until 
     expended, as authorized.


              American Sections, International Commissions

       For necessary expenses, not otherwise provided, for the 
     International Joint Commission and the International Boundary 
     Commission, United States and Canada, as authorized by 
     treaties between the United States and Canada or Great 
     Britain, and for the Border Environment Cooperation 
     Commission as authorized by Public Law 103-182, $10,039,000, 
     of which not to exceed $9,000 shall be available for 
     representation expenses incurred by the International Joint 
     Commission.


                  International Fisheries Commissions

       For necessary expenses for international fisheries 
     commissions, not otherwise provided for, as authorized by 
     law, $24,000,000: Provided, That the United States' share of 
     such expenses may be advanced to the respective commissions 
     pursuant to 31 U.S.C. 3324.

                                 Other


                     Payment to the Asia Foundation

       For a grant to the Asia Foundation, as authorized by the 
     Asia Foundation Act (22 U.S.C. 4402), $14,000,000, to remain 
     available until expended, as authorized.


         Center for Middle Eastern-Western Dialogue Trust Fund

       For a grant to the Center for Middle Eastern-Western 
     Dialogue Trust Fund (22 U.S.C. 2078), $5,000,000 for 
     operation of the Center for Middle Eastern-Western Dialogue 
     in Istanbul, Turkey.
       In addition, for necessary expenses of the Center for 
     Middle Eastern-Western Dialogue Trust Fund, the total amount 
     of the interest and earnings accruing to such Fund on or 
     before September 30, 2006, to remain available until 
     expended.


                 Eisenhower Exchange Fellowship Program

       For necessary expenses of Eisenhower Exchange Fellowships, 
     Incorporated, as authorized by sections 4 and 5 of the 
     Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
     5205), all interest and earnings accruing to the Eisenhower 
     Exchange Fellowship Program Trust Fund on or before September 
     30, 2006, to remain available until expended: Provided, That 
     none of the funds appropriated herein shall be used to pay 
     any salary or other compensation, or to enter into any 
     contract providing for the payment thereof, in excess of the 
     rate authorized by 5 U.S.C. 5376; or for purposes which are 
     not in accordance with OMB Circulars A-110 (Uniform 
     Administrative Requirements) and A-122 (Cost Principles for 
     Non-profit Organizations), including the restrictions on 
     compensation for personal services.


                    israeli arab scholarship program

       For necessary expenses of the Israeli Arab Scholarship 
     Program as authorized by section 214 of the Foreign Relations 
     Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 
     2452), all interest and earnings accruing to the Israeli Arab 
     Scholarship Fund on or before September 30, 2006, to remain 
     available until expended.


                            East-West Center

       To enable the Secretary of State to provide for carrying 
     out the provisions of the Center for Cultural and Technical 
     Interchange Between East and West Act of 1960, by grant to 
     the Center for Cultural and Technical Interchange Between 
     East and West in the State of Hawaii, $19,240,000: Provided, 
     That none of the funds appropriated herein shall be used to 
     pay any salary, or enter into any contract providing for the 
     payment thereof, in excess of the rate authorized by 5 U.S.C. 
     5376.


                    National Endowment for Democracy

       For grants made by the Department of State to the National 
     Endowment for Democracy as authorized by the National 
     Endowment for Democracy Act, $75,000,000, to remain available 
     until expended.

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 International Broadcasting Operations

       For expenses necessary to enable the Broadcasting Board of 
     Governors, as authorized, to carry out international 
     communication activities, including the purchase, rent, 
     construction, and improvement of facilities for radio and 
     television transmission and reception and purchase, lease, 
     and installation of necessary equipment for radio and 
     television transmission and reception to Cuba, and to make 
     and supervise grants for radio and television broadcasting to 
     the Middle East, $641,450,000: Provided, That of the total 
     amount in this heading, not to exceed $16,000 may be used for 
     official receptions within the United States as authorized, 
     not to exceed $35,000 may be used for representation abroad 
     as authorized, and not to exceed $39,000 may be used for 
     official reception and representation expenses of Radio Free 
     Europe/Radio Liberty; and in addition, notwithstanding any 
     other provision of law, not to exceed $2,000,000 in receipts 
     from advertising and revenue from business ventures, not to 
     exceed $500,000 in receipts from cooperating international 
     organizations, and not to exceed $1,000,000 in receipts from 
     privatization efforts of the Voice of America and the 
     International Broadcasting Bureau, to remain available until 
     expended for carrying out authorized purposes.


                   Broadcasting Capital Improvements

       For the purchase, rent, construction, and improvement of 
     facilities for radio and television transmission and 
     reception, and purchase and installation of necessary 
     equipment for radio and television transmission and reception 
     as authorized, $10,893,000, to remain available until 
     expended, as authorized.

       General Provisions--Department of State and Related Agency

       Sec. 401. Funds appropriated under this title shall be 
     available, except as otherwise provided,

[[Page H9723]]

     for allowances and differentials as authorized by subchapter 
     59 of title 5, United States Code; for services as authorized 
     by 5 U.S.C. 3109; and for hire of passenger transportation 
     pursuant to 31 U.S.C. 1343(b).
       Sec. 402. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     State in this title may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided, That not to 
     exceed 5 percent of any appropriation made available for the 
     current fiscal year for the Broadcasting Board of Governors 
     in this title may be transferred between such appropriations, 
     but no such appropriation, except as otherwise specifically 
     provided, shall be increased by more than 10 percent by any 
     such transfers: Provided further, That any transfer pursuant 
     to this section shall be treated as a reprogramming of funds 
     under section 605 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.
       Sec. 403. None of the funds made available in this title 
     may be used by the Department of State or the Broadcasting 
     Board of Governors to provide equipment, technical support, 
     consulting services, or any other form of assistance to the 
     Palestinian Broadcasting Corporation.
       Sec. 404. (a) The Senior Policy Operating Group on 
     Trafficking in Persons, established under section 406 of 
     division B of Public Law 108-7 to coordinate agency 
     activities regarding policies (including grants and grant 
     policies) involving the international trafficking in persons, 
     shall coordinate all such policies related to the activities 
     of traffickers and victims of severe forms of trafficking.
       (b) None of the funds provided in this or any other Act 
     shall be expended to perform functions that duplicate 
     coordinating responsibilities of the Operating Group.
       (c) The Operating Group shall continue to report only to 
     the authorities that appointed them pursuant to section 406 
     of division B of Public Law 108-7.
       Sec. 405. For the purposes of registration of birth, 
     certification of nationality, or issuance of a passport of a 
     United States citizen born in the city of Jerusalem, the 
     Secretary of State shall, upon request of the citizen, record 
     the place of birth as Israel.
       Sec. 406. Notwithstanding any other provision of law, of 
     the funds appropriated by this Act under the heading 
     ``Diplomatic and Consular Programs'': $5,000,000 shall be 
     made available for an endowment for the Center for Asian 
     Democracy; $100,000 shall be made available for a grant to 
     the Center for the Study of the Presidency for a public 
     diplomacy initiative; $300,000 shall be made available for 
     a grant to Operation Smile for a public diplomacy program; 
     and $350,000 shall be made available for a grant to 
     MiraMed for programs to combat human trafficking.
       Sec. 407. Funds appropriated under this title for the 
     Broadcasting Board of Governors and the Department of State 
     may be obligated and expended notwithstanding section 15 of 
     the State Department Basic Authorities Act of 1956, section 
     313 of the Foreign Relations Authorization Act, Fiscal Years 
     1994 and 1995 (Public Law 103-236), and section 504(a)(1) of 
     the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
       Sec. 408. (a) Funds provided in this title for the 
     following accounts shall be made available for programs in 
     the amounts contained in the respective tables included in 
     the report accompanying this Act:
       ``Educational and Cultural Exchange Programs''.
       ``National Endowment for Democracy''.
       ``International Broadcasting Operations''.
       ``Broadcasting Capital Improvements''.
       (b) Any proposed increases or decreases to the amounts 
     contained in such tables in the accompanying report shall be 
     subject to the regular notification procedures in section 605 
     of this Act.
       (c) The Secretary of State shall notify the Committees on 
     Appropriations 15 days in advance of recommending the 
     issuance of any license subject to Executive Order 13067.
       Sec. 409. Notwithstanding any other provision of law, of 
     the funds appropriated or otherwise made available in this 
     title, not more than $1,035,500,000 shall be available for 
     payment to the United Nations for assessed and other expenses 
     of international peacekeeping activities.
       Sec. 410. Section 1334 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (22 U.S.C. 6553) is amended by 
     striking ``October 1, 2005'' and inserting ``October 1, 
     2006''.
       Sec. 411. None of the funds appropriated under this title 
     may be made available to pay any contribution of the United 
     States to the United Nations if the United Nations implements 
     or imposes any taxation on any United States persons.
       Sec. 412. It is the sense of the Congress that the amount 
     of any loan for the renovation of the United Nations 
     headquarters building located in New York, New York, should 
     not exceed $600,000,000: Provided, That if any loan exceeds 
     $600,000,000, the Secretary of State shall notify the 
     Congress of the current cost of the renovation and cost 
     containment measures.
       Sec. 413. None of the funds made available by this title 
     may be used for any United Nations undertaking when it is 
     made known to the Federal official having authority to 
     obligate or expend such funds that: (1) the United Nations 
     undertaking is a peacekeeping mission; (2) such undertaking 
     will involve United States Armed Forces under the command or 
     operational control of a foreign national; and (3) the 
     President's military advisors have not submitted to the 
     President a recommendation that such involvement is in the 
     national security interests of the United States and the 
     President has not submitted to the Congress such a 
     recommendation.
       Sec. 414. (a) None of the funds appropriated or otherwise 
     made available under this title shall be expended for any 
     purpose for which appropriations are prohibited by section 
     609 of the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 1999.
       (b) The requirements in subparagraphs (A) and (B) of 
     section 609 of that Act shall continue to apply during fiscal 
     year 2006.
       Sec. 415. (a) None of the funds appropriated or otherwise 
     made available under this title shall be expended for any 
     purpose for which appropriations are prohibited by section 
     616 of the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 1999.
       (b) The requirements in subsections (b) and (c) of section 
     616 of that Act shall continue to apply during fiscal year 
     2006.
       Sec. 416. (a) Except as provided in subsection (b), a 
     project to construct a diplomatic facility of the United 
     States may not include office space or other accommodations 
     for an employee of a Federal agency or department if the 
     Secretary of State determines that such department or agency 
     has not provided to the Department of State the full amount 
     of funding required by subsection (e) of section 604 of the 
     Secure Embassy Construction and Counterterrorism Act of 1999 
     (as enacted into law by section 1000(a)(7) of Public Law 106-
     113 and contained in appendix G of that Act; 113 Stat. 1501A-
     453), as amended by section 629 of the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 2005.
       (b) Notwithstanding the prohibition in subsection (a), a 
     project to construct a diplomatic facility of the United 
     States may include office space or other accommodations for 
     members of the Marine Corps.
       Sec. 417. Ceilings and earmarks contained in this title 
     shall not be applicable to funds or authorities appropriated 
     or otherwise made available by any subsequent Act unless such 
     Act specifically so directs. Earmarks or minimum funding 
     requirements contained in any other Act shall not be 
     applicable to funds appropriated by this title.
       This title may be cited as the ``Department of State and 
     Related Agency Appropriations Act, 2006''.

                       TITLE V--RELATED AGENCIES

                   Antitrust Modernization Commission


                         salaries and expenses

       For necessary expenses of the Antitrust Modernization 
     Commission, as authorized by Public Law 107-273, $1,172,000, 
     to remain available until expended.

      Commission for the Preservation of America's Heritage Abroad


                         salaries and expenses

       For expenses for the Commission for the Preservation of 
     America's Heritage Abroad, $499,000, as authorized by section 
     1303 of Public Law 99-83.

                       Commission on Civil Rights


                         Salaries and Expenses

       For necessary expenses of the Commission on Civil Rights, 
     including hire of passenger motor vehicles, $9,048,000: 
     Provided, That none of the funds appropriated in this 
     paragraph shall be used to employ in excess of four full-time 
     individuals under Schedule C of the Excepted Service 
     exclusive of one special assistant for each Commissioner: 
     Provided further, That none of the funds appropriated in this 
     paragraph shall be used to reimburse Commissioners for more 
     than 75 billable days, with the exception of the chairperson, 
     who is permitted 125 billable days.

             Commission on International Religious Freedom


                         salaries and expenses

       For necessary expenses for the United States Commission on 
     International Religious Freedom, as authorized by title II of 
     the International Religious Freedom Act of 1998 (Public Law 
     105-292), $3,300,000, to remain available until September 30, 
     2007.

            Commission on Security and Cooperation in Europe


                         salaries and expenses

       For necessary expenses of the Commission on Security and 
     Cooperation in Europe, as authorized by Public Law 94-304, 
     $2,030,000, to remain available until September 30, 2007.

  Congressional-Executive Commission on the People's Republic of China


                         salaries and expenses

       For necessary expenses of the Congressional-Executive 
     Commission on the People's Republic of China, as authorized, 
     $1,900,000, including not more than $3,000 for the purpose of 
     official representation, to remain available until September 
     30, 2007.

                Equal Employment Opportunity Commission


                         Salaries and Expenses

       For necessary expenses of the Equal Employment Opportunity 
     Commission as authorized by title VII of the Civil Rights Act 
     of 1964 (29 U.S.C. 206(d) and 621-634), the Americans with 
     Disabilities Act of 1990, and the Civil Rights Act of 1991, 
     including services as authorized by 5 U.S.C. 3109; hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343(b); 
     non-monetary awards to private citizens; and not to exceed 
     $33,000,000 for payments to State and local enforcement 
     agencies for services to the Commission pursuant to title VII 
     of the Civil Rights Act of 1964, sections 6 and 14 of the Age 
     Discrimination in Employment Act, the Americans with 
     Disabilities Act of 1990, and the Civil Rights Act of 1991, 
     $331,228,000: Provided, That the Commission is authorized to 
     make available for official reception and representation 
     expenses not to exceed $2,500 from available funds: Provided

[[Page H9724]]

     further, That the Commission may take no action to implement 
     any workforce repositioning, restructuring, or reorganization 
     until such time as the Committees on Appropriations have been 
     notified of such proposals, in accordance with the 
     reprogramming provisions of section 605 of this Act.

                   Federal Communications Commission


                         Salaries and Expenses

       For necessary expenses of the Federal Communications 
     Commission, as authorized by law, including uniforms and 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; not 
     to exceed $4,000 for official reception and representation 
     expenses; purchase and hire of motor vehicles; special 
     counsel fees; and services as authorized by 5 U.S.C. 3109, 
     $289,771,000: Provided, That $288,771,000 of offsetting 
     collections shall be assessed and collected pursuant to 
     section 9 of title I of the Communications Act of 1934, shall 
     be retained and used for necessary expenses in this 
     appropriation, and shall remain available until expended: 
     Provided further, That the sum herein appropriated shall be 
     reduced as such offsetting collections are received during 
     fiscal year 2006 so as to result in a final fiscal year 2006 
     appropriation estimated at $1,000,000: Provided further, That 
     any offsetting collections received in excess of $288,771,000 
     in fiscal year 2006 shall remain available until expended, 
     but shall not be available for obligation until October 1, 
     2006: Provided further, That notwithstanding 47 U.S.C. 
     309(j)(8)(B), proceeds from the use of a competitive bidding 
     system that may be retained and made available for obligation 
     shall not exceed $85,000,000 for fiscal year 2006.

                        Federal Trade Commission


                         Salaries and Expenses

       For necessary expenses of the Federal Trade Commission, 
     including uniforms or allowances therefor, as authorized by 5 
     U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; 
     hire of passenger motor vehicles; and not to exceed $2,000 
     for official reception and representation expenses, 
     $211,000,000, to remain available until expended: Provided, 
     That not to exceed $300,000 shall be available for use to 
     contract with a person or persons for collection services in 
     accordance with the terms of 31 U.S.C. 3718: Provided 
     further, That, notwithstanding any other provision of law, 
     not to exceed $116,000,000 of offsetting collections derived 
     from fees collected for premerger notification filings under 
     the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 
     U.S.C. 18a), regardless of the year of collection, shall be 
     retained and used for necessary expenses in this 
     appropriation: Provided further, That, notwithstanding any 
     other provision of law, $23,000,000 in offsetting collections 
     derived from fees sufficient to implement and enforce the 
     Telemarketing Sales Rule, promulgated under the Telephone 
     Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et 
     seq.), shall be credited to this account, and be retained and 
     used for necessary expenses in this appropriation: Provided 
     further, That the sum herein appropriated from the general 
     fund shall be reduced as such offsetting collections are 
     received during fiscal year 2006, so as to result in a final 
     fiscal year 2006 appropriation from the general fund 
     estimated at not more than $72,000,000: Provided further, 
     That none of the funds made available to the Federal Trade 
     Commission may be used to enforce subsection (e) of section 
     43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t) or 
     section 151(b)(2) of the Federal Deposit Insurance 
     Corporation Improvement Act of 1991 (12 U.S.C. 1831t note).

                       Legal Services Corporation


               Payment to the Legal Services Corporation

       For payment to the Legal Services Corporation to carry out 
     the purposes of the Legal Services Corporation Act of 1974, 
     $330,803,000, of which $312,375,000 is for basic field 
     programs and required independent audits; $2,539,000 is for 
     the Office of Inspector General, of which such amounts as may 
     be necessary may be used to conduct additional audits of 
     recipients; $12,825,000 is for management and administration; 
     $1,255,000 is for client self-help and information 
     technology; and $1,809,000 is for grants to offset losses due 
     to census adjustments.


          Administrative Provision--Legal Services Corporation

       None of the funds appropriated in this Act to the Legal 
     Services Corporation shall be expended for any purpose 
     prohibited or limited by, or contrary to any of the 
     provisions of, sections 501, 502, 503, 504, 505, and 506 of 
     Public Law 105-119, and all funds appropriated in this Act to 
     the Legal Services Corporation shall be subject to the same 
     terms and conditions set forth in such sections, except that 
     all references in sections 502 and 503 to 1997 and 1998 shall 
     be deemed to refer instead to 2005 and 2006, respectively, 
     and except that section 501(a)(1) of Public Law 104-134 (110 
     Stat. 1321-51, et seq.) shall not apply to the use of the 
     $1,809,000 to address loss of funding due to Census-based 
     reallocations.

                        Marine Mammal Commission


                         Salaries and Expenses

       For necessary expenses of the Marine Mammal Commission as 
     authorized by title II of Public Law 92-522, $2,920,000, of 
     which $920,000 shall remain available until September 30, 
     2007.

           National Veterans Business Development Corporation

       For necessary expenses of the National Veterans Business 
     Development Corporation as authorized under section 33(a) of 
     the Small Business Act, $1,500,000, to remain available until 
     expended.

                   Securities and Exchange Commission


                         Salaries and Expenses

       For necessary expenses for the Securities and Exchange 
     Commission, including services as authorized by 5 U.S.C. 
     3109, the rental of space (to include multiple year leases) 
     in the District of Columbia and elsewhere, and not to exceed 
     $3,000 for official reception and representation expenses, 
     $888,117,000, to remain available until expended; of which 
     not to exceed $10,000 may be used toward funding a permanent 
     secretariat for the International Organization of Securities 
     Commissions; and of which not to exceed $100,000 shall be 
     available for expenses for consultations and meetings hosted 
     by the Commission with foreign governmental and other 
     regulatory officials, members of their delegations, 
     appropriate representatives and staff to exchange views 
     concerning developments relating to securities matters, 
     development and implementation of cooperation agreements 
     concerning securities matters and provision of technical 
     assistance for the development of foreign securities markets, 
     such expenses to include necessary logistic and 
     administrative expenses and the expenses of Commission staff 
     and foreign invitees in attendance at such consultations and 
     meetings including: (1) such incidental expenses as meals 
     taken in the course of such attendance; (2) any travel and 
     transportation to or from such meetings; and (3) any other 
     related lodging or subsistence: Provided, That fees and 
     charges authorized by sections 6(b) of the Securities 
     Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 
     31 of the Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 
     78n(g), and 78ee), shall be credited to this account as 
     offsetting collections: Provided further, That not to exceed 
     $863,117,000 of such offsetting collections shall be 
     available until expended for necessary expenses of this 
     account: Provided further, That $25,000,000 shall be derived 
     from prior year unobligated balances from funds previously 
     appropriated to the Securities and Exchange Commission: 
     Provided further, That the total amount appropriated under 
     this heading from the general fund for fiscal year 2006 shall 
     be reduced as such offsetting fees are received so as to 
     result in a final total fiscal year 2006 appropriation from 
     the general fund estimated at not more than $0.

                     Small Business Administration


                         Salaries and Expenses

       For necessary expenses, not otherwise provided for, of the 
     Small Business Administration as authorized by Public Law 
     108-447, including hire of passenger motor vehicles as 
     authorized by 31 U.S.C. 1343 and 1344, and not to exceed 
     $3,500 for official reception and representation expenses, 
     $313,029,000: Provided, That the Administrator is authorized 
     to charge fees to cover the cost of publications developed by 
     the Small Business Administration, and certain loan servicing 
     activities: Provided further, That, notwithstanding 31 U.S.C. 
     3302, revenues received from all such activities shall be 
     credited to this account, to be available for carrying out 
     these purposes without further appropriations: Provided 
     further, That $89,000,000 shall be available to fund grants 
     for performance in fiscal year 2006 or fiscal year 2007 as 
     authorized: Provided further, That the Small Business 
     Administration is authorized to award grants under the 
     Women's Business Center Sustainability Pilot Program 
     established by section 4(a) of Public Law 106-165 (15 U.S.C. 
     656(l)): Provided further, That, of the amounts provided for 
     Women's Business Centers, not less than 41 percent shall be 
     available to continue Women's Business Centers in 
     sustainability status.


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $13,900,000.


                 Surety Bond Guarantees Revolving Fund

       For additional capital for the Surety Bond Guarantees 
     Revolving Fund, authorized by the Small Business Investment 
     Act, as amended, $2,861,000, to remain available until 
     expended.


                     Business Loans Program Account

                     (including transfers of funds)

       For the cost of direct loans, $1,300,000, to remain 
     available until expended: Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974: Provided further, That subject to section 502 of the 
     Congressional Budget Act of 1974, during fiscal year 2006 
     commitments to guarantee loans under section 503 of the Small 
     Business Investment Act of 1958, shall not exceed the levels 
     established under 20(e)(1)(B)(ii) of the Small Business Act: 
     Provided further, That during fiscal year 2006 commitments 
     for general business loans authorized under section 7(a) of 
     the Small Business Act, shall not exceed the levels 
     established under 20(e)(1)(B)(i) of the Small Business Act: 
     Provided further, That during fiscal year 2006 commitments to 
     guarantee loans for debentures under section 303(b) of the 
     Small Business Investment Act of 1958, shall not exceed 
     $3,000,000,000: Provided further, That during fiscal year 
     2006 guarantees of trust certificates authorized by section 
     5(g) of the Small Business Act shall not exceed a principal 
     amount of $12,000,000,000.
       In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, $125,307,000, which may 
     be transferred to and merged with the appropriations for 
     Salaries and Expenses: Provided, That, of the funds 
     previously made available under Public Law 105-135, section 
     507(g), for the Delta Loan program, up to $500,000 may be 
     transferred to and merged with the appropriation for Salaries 
     and Expenses.


                     Disaster Loans Program Account

                     (including transfers of funds)

       From unobligated balances under this heading, in fiscal 
     year 2006, not to exceed $9,000,000 may be transferred to and 
     merged with appropriations for Salaries and Expenses for 
     indirect administrative expenses, of which $1,500,000 is for 
     the Office of Inspector General of the Small Business 
     Administration for audits and reviews

[[Page H9725]]

     of disaster loans and the disaster loan program and shall be 
     transferred to and merged with appropriations for the Office 
     of Inspector General.


        Administrative Provision--Small Business Administration

       Not to exceed 5 percent of any appropriation made available 
     for the current fiscal year for the Small Business 
     Administration in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers: Provided, That 
     any transfer pursuant to this paragraph shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.

                        State Justice Institute


                         salaries and expenses

       For necessary expenses of the State Justice Institute, as 
     authorized by the State Justice Institute Authorization Act 
     of 1992 (Public Law 102-572), $3,500,000: Provided, That not 
     to exceed $2,500 shall be available for official reception 
     and representation expenses.

      United States-China Economic and Security Review Commission


                         Salaries and Expenses

       For necessary expenses of the United States-China Economic 
     and Security Review Commission, $3,000,000, including not 
     more than $5,000 for the purpose of official representation, 
     to remain available until September 30, 2007.

                    United States Institute of Peace


                           Operating Expenses

       For necessary expenses of the United States Institute of 
     Peace as authorized in the United States Institute of Peace 
     Act, $22,350,000, to remain available until September 30, 
     2007.

          United States Senate-China Interparliamentary Group


                         SALARIES AND EXPENSES

       For necessary expenses of the United States Senate-China 
     Interparliamentary Group, as authorized under section 153 of 
     the Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; 
     Public Law 108-99; 118 Stat. 448), $150,000, to remain 
     available until September 30, 2007.

                      TITLE VI--GENERAL PROVISIONS

       Sec. 601. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 602. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 603. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 604. If any provision of this Act or the application 
     of such provision to any person or circumstances shall be 
     held invalid, the remainder of the Act and the application of 
     each provision to persons or circumstances other than those 
     as to which it is held invalid shall not be affected thereby.
       Sec. 605. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2006, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds that: (1) creates new programs; (2) 
     eliminates a program, project, or activity; (3) increases 
     funds or personnel by any means for any project or activity 
     for which funds have been denied or restricted; (4) relocates 
     an office or employees; (5) reorganizes or renames offices; 
     (6) reorganizes, programs or activities; or (7) contracts out 
     or privatizes any functions or activities presently performed 
     by Federal employees; unless the Appropriations Committees of 
     both Houses of Congress are notified 15 days in advance of 
     such reprogramming of funds.
       (b) None of the funds provided under this Act, or provided 
     under previous appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2006, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $750,000 or 10 percent, whichever is less, that: 
     (1) augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or (3) results from any general 
     savings, including savings from a reduction in personnel, 
     which would result in a change in existing programs, 
     activities, or projects as approved by Congress; unless the 
     Appropriations Committees of both Houses of Congress are 
     notified 15 days in advance of such reprogramming of funds.
       Sec. 606. Hereafter, none of the funds made available in 
     this Act may be used to implement, administer, or enforce any 
     guidelines of the Equal Employment Opportunity Commission 
     covering harassment based on religion, when it is made known 
     to the Federal entity or official to which such funds are 
     made available that such guidelines do not differ in any 
     respect from the proposed guidelines published by the 
     Commission on October 1, 1993 (58 Fed. Reg. 51266).
       Sec. 607. If it has been finally determined by a court or 
     Federal agency that any person intentionally affixed a label 
     bearing a ``Made in America'' inscription, or any inscription 
     with the same meaning, to any product sold in or shipped to 
     the United States that is not made in the United States, the 
     person shall be ineligible to receive any contract or 
     subcontract made with funds made available in this Act, 
     pursuant to the debarment, suspension, and ineligibility 
     procedures described in sections 9.400 through 9.409 of title 
     48, Code of Federal Regulations.
       Sec. 608. The Departments of Commerce, Justice, and State, 
     the Broadcasting Board of Governors, the National Science 
     Foundation, the National Aeronautics and Space 
     Administration, the Federal Communications Commission, the 
     Securities and Exchange Commission and the Small Business 
     Administration shall provide to the Committees on 
     Appropriations of the Senate and of the House of 
     Representatives a quarterly accounting of the cumulative 
     balances of any unobligated funds that were received by such 
     agency during any previous fiscal year.
       Sec. 609. Any costs incurred by a department or agency 
     funded under this Act resulting from personnel actions taken 
     in response to funding reductions included in this Act shall 
     be absorbed within the total budgetary resources available to 
     such department or agency: Provided, That the authority to 
     transfer funds between appropriations accounts as may be 
     necessary to carry out this section is provided in addition 
     to authorities included elsewhere in this Act: Provided 
     further, That use of funds to carry out this section shall be 
     treated as a reprogramming of funds under section 605 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.
       Sec. 610. None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.
       Sec.  611. None of the funds appropriated pursuant to this 
     Act or any other provision of law may be used for--
       (1) the implementation of any tax or fee in connection with 
     the implementation of subsection 922(t) of title 18, United 
     States Code; and
       (2) any system to implement subsection 922(t) of title 18, 
     United States Code, that does not require and result in the 
     destruction of any identifying information submitted by or on 
     behalf of any person who has been determined not to be 
     prohibited from possessing or receiving a firearm no more 
     than 24 hours after the system advises a Federal firearms 
     licensee that possession or receipt of a firearm by the 
     prospective transferee would not violate subsection (g) or 
     (n) of section 922 of title 18, United States Code, or State 
     law.
       Sec. 612. Notwithstanding any other provision of law, 
     amounts deposited or available in the Fund established under 
     42 U.S.C. 10601 in any fiscal year in excess of $625,000,000 
     shall not be available for obligation until the following 
     fiscal year.
       Sec. 613. For additional amounts under the heading ``Small 
     Business Administration, Salaries and Expenses'', $1,000,000 
     shall be available for the Adelante Development Center, Inc., 
     NM; $850,000 shall be available for the Alabama Department of 
     Archives and History, Montgomery, AL; $500,000 shall be 
     available for the Alabama Humanities Foundation for a 
     Statewide Initiative; $1,500,000 shall be available for 
     Alabama State Docks Economic Development; $200,000 shall be 
     available for the Alaska Small Business Development Center; 
     $1,000,000 shall be available for the Alcorn State University 
     Judicial Threat Analysis Center; $775,000 shall be available 
     for Ben Franklin Technology Partners Translational Action 
     Research Boards, Philadelphia, PA; $1,000,000 shall be 
     available for the Bring Back Broad Street Initiative, Mobile, 
     AL; $450,000 shall be available for the City of Guin, AL, 
     Industrial Development Initiative; $250,000 shall be 
     available for the City of Monroeville, AL, Community 
     Enrichment Project; $300,000 shall be available for the City 
     of Oneonta, AL, for industrial development; $500,000 shall be 
     available for the City of Richland Revitalization Project; 
     $100,000 shall be available for community development in 
     Randolph County, AL; $275,000 shall be available for the 
     Community Development Project, Huntsville, AL; $500,000 shall 
     be available for economic development in Lamar County, AL; 
     $100,000 shall be available for the Great Lakes Business 
     Growth and Development Center at Lorain County Community 
     College; $200,000 shall be available for the Greenville 
     Waterfront Industrial Enhancement Project; $50,000 shall be 
     available for the Houston Community College Multi-Cultural 
     Business Center; $75,000 shall be available for the Idaho 
     Virtual Incubator at Lewis-Clark State College; $500,000 
     shall be available for Industrial Infrastructure in 
     Hartselle, AL; $5,000,000 shall be available for the 
     Industrial Outreach Service at Mississippi State University; 
     $450,000 shall be available for infrastructure development in 
     Chambers County, AL; $200,000 shall be available for the 
     Investnet/Technology Venture Center partnership for Alaska 
     and Montana; $200,000 shall be available for the Knoxville 
     College Small Business Incubator Program; $350,000 shall be 
     available for the LeFleur Lakes Flood Control/Pearl River 
     Watershed project; $750,000 shall be available for the 
     Manufacturing Technology Initiative at Mississippi State 
     University; $500,000 shall be available for the Mississippi 
     Children's Museum; $1,000,000 shall be available for the 
     Mississippi Film Enterprise Zone; $1,250,000 shall be 
     available for the Mississippi Technology Alliance Economic 
     Development Plan; $500,000 shall be available for the 
     Mitchell Memorial Library for the digitization of special 
     collections; $500,000 shall be available for the

[[Page H9726]]

     Montgomery, AL, Downtown Revitalization Project; $650,000 
     shall be available for the New Product Development and 
     Commercialization Center for Rural Manufacturers; $2,100,000 
     shall be available for the Oak Ridge National Laboratory for 
     the Southeastern fiber optic project (Lambda Rail); $500,000 
     shall be available for the Old Fort McClellan Economic 
     Development Initiative, Anniston, AL; $75,000 shall be 
     available for the Pro-Tech Program at the College of Southern 
     Idaho; $500,000 shall be available for the Shelby County, AL, 
     Environmental Education Center; $2,000,000 shall be available 
     for Small Business Development Centers in Mississippi; 
     $100,000 shall be available for the South Carolina 
     International Center for Automotive Research Park Innovation 
     Center; $250,000 shall be available for the Technology 
     Venture Center, MT; $25,000 shall be available for the Town 
     of Millry, AL, for community development; $1,000,000 shall be 
     available for the Toxin Alert Development Project at the 
     University of Southern Mississippi; $500,000 shall be 
     available for the Troy University Center for International 
     Business and Economic Development; $900,000 shall be 
     available for the Tuck School of Business/MBDA Partnership; 
     $150,000 shall be available for the University of Alabama 
     Community Development project; $350,000 shall be available 
     for the University of West Alabama Regional Center for 
     Community and Economic Development; $1,000,000 shall be 
     available for the Women's Entrepreneurship Initiative at the 
     Mississippi University for Women; $500,000 shall be available 
     for the Montana Department of Administration for spatial data 
     to enable economic development; $500,000 shall be available 
     for the City of Fort Wayne, Indiana for the Institute for 
     Orthopedic Biomaterials Research; $1,000,000 shall be 
     available for the New Mexico State University Arrowhead 
     Center; $1,000,000 shall be available for the New Mexico 
     Community Development Loan Fund/WESSTCorp. Cooperative; 
     $1,500,000 shall be available for the Inland Northwest 
     Regional GigaPop Network Connectivity project; $300,000 shall 
     be available for the Brooklyn, NY Chamber of Commerce for the 
     Brooklyn Goes Global program; $500,000 shall be available for 
     the Institute for Technology and Business Development at 
     Central Connecticut State University; $500,000 shall be 
     available for the Iowa Department of Economic Development for 
     the Entrepreneurial Venture Assistance Project; $400,000 
     shall be available for the New Ventures Center in Davenport 
     in Iowa; $400,000 shall be available for the Pappajohn Higher 
     Education Center in Des Moines, Iowa; $250,000 shall be 
     available for the University of Vermont Small Enterprise 
     Research Initiative; $200,000 shall be available for the 
     Genesis of Innovation in Rapid City, South Dakota; $500,000 
     shall be available for the Wisconsin Security Research 
     Consortium, a collaboration between the University of 
     Wisconsin System and the Wisconsin Technology Council; 
     $500,000 shall be available for the Rowan University 
     Technology Center and Business Incubator; $1,500,000 shall be 
     available for the Vermont Center for Emerging Technologies; 
     $500,000 shall be available for the Vermont Employee 
     Ownership Center; $820,000 shall be available for the Central 
     Michigan University Center for Applied Research and 
     Technology; $500,000 shall be available for the 
     Nanotechnology Economic Development Program at the University 
     of Arkansas at Little Rock; $1,100,000 shall be available for 
     the University of Arkansas' Research and Technology Park; 
     $600,000 shall be available for the Maryland Technology 
     Development Corporation for the Minority R&D Initiative; 
     $1,000,000 shall be available for the University of West 
     Florida's Statewide Small Business Development Center 
     Network; $200,000 shall be available for the Nevada's 
     Commission on Economic Development; $1,000,000 shall be 
     available for the Clark County Department of Aviation, Las 
     Vegas, Nevada to study and operate the international air 
     trade show; $250,000 shall be available for the Corona-
     Elmhurst Center for Economic Development, New York; $180,000 
     shall be available for the Sephardic Angel Fund, New York 
     City; $500,000 shall be available for the Detroit Economic 
     Growth Business Attraction Program; $250,000 shall be 
     available for the Oregon Department of Consumer and Business 
     Services' One-Stop Permitting Portal; $250,000 shall be 
     available for the Fossil Bed Park and Ancient Lands Field 
     House; $100,000 shall be for a grant to Cedar Creek 
     Battlefield Foundation; $100,000 shall be for a grant to 
     Belle Grove Plantation; $250,000 shall be for a grant to 
     Shenandoah University for a facility; $100,000 shall be for a 
     grant to Winchester-Frederick Convention and Visitor Bureau; 
     $2,000,000 shall be for a grant to Virginia Community College 
     System for a web portal; $200,000 shall be for a grant to 
     Americans at War; $500,000 shall be for a grant to Warren 
     County, Virginia, for a community enhancement project; 
     $2,000,000 shall be available for the United States-China 
     Economic and Security Review Commission for projects to study 
     Chinese policies and practices and their impacts on American 
     interests, the American economy, and small businesses; 
     $200,000 shall be for a grant to the Myrtle Beach 
     International Trade and Convention Center; $575,000 shall be 
     for a grant to the Innovation and Outreach Center at the 
     University of Mississippi; $500,000 shall be for a grant to 
     Competetive Manufacturing through Innovation Management at 
     the University of Wisconsin Oshkosh; $200,000 shall be for a 
     grant to Business and Industrial Incubator in Cushing, 
     Oklahoma; $500,000 shall be for a grant to Patrick Henry 
     Community College for a workforce development program; 
     $500,000 shall be for a grant to Danville Community College 
     for a workforce development program; $500,000 shall be for a 
     grant to Advanced and Applied Polymer Processing Institute; 
     $1,000,000 shall be for a grant to the Industrial Development 
     Authority of Halifax, VA; $1,000,000 shall be for a grant to 
     the University of Illinois for the Information Trust 
     Initiative; $1,000,000 shall be for a grant to Aurora, IL, 
     for construction and other activities related to community 
     development; $200,000 shall be for a grant to Carnegie Mellon 
     University for a Community-Based Demonstration Project; 
     $500,000 shall be for a grant to REI Rural Business and 
     Resource Center in Seminole, Oklahoma; $1,000,000 shall be 
     for a grant to Appalachian State University; $1,000,000 shall 
     be for a grant to Western Carolina University for a computer 
     engineering program; $1,000,000 shall be for a grant to 
     International Small Business and Trade Institute; $500,000 
     shall be for a grant to the Illinois Institute for Technology 
     to examine and assess advancements in biotechnologies; 
     $3,000,000 shall be for a grant to the Southern and Eastern 
     Kentucky Tourism Development Association; $2,500,000 shall be 
     for a grant to the Southern and Eastern Kentucky Economic 
     Development Corporation; $1,000,000 shall be for a grant to 
     the National Center for Community Renewal; $250,000 shall be 
     for a grant to Advanced Business Technology Incubator at 
     College of the Canyons; $250,000 shall be for a grant to the 
     Applied Competitive Technologies Program of the California 
     Community Colleges; $250,000 shall be for a grant to 
     Adirondack Champlain Fiber Network; $100,000 shall be for a 
     grant to Amoskeag Business Incubator; $500,000 shall be for a 
     grant to the Montana World Trade Center; $1,000,000 shall be 
     for a grant to the Fairplex Trade and Conference Center; 
     $220,000 shall be for a grant to Virtual Business Incubator 
     in Southeast Pennsylvania; $250,000 shall be for a grant to 
     the Rochester Tooling and Machining Association; $600,000 
     shall be for a grant to Wittenberg University to expand 
     business education; $500,000 shall be for a grant to 
     Experience Works to expand opportunities for older workers; 
     $1,000,000 shall be for a grant to Innovation Center in 
     Peoria, Illinois; $1,250,000 shall be for a grant to North 
     Iowa Area Community College business incubator; $1,000,000 
     shall be for a grant to University of Redlands for 
     development of a center to assist small business; $500,000 
     shall be for a grant to McHenry County Economic Development 
     Corporation; $300,000 shall be for a grant to Rockford Area 
     Ventures in Rockford, Illinois; $1,100,000 shall be for a 
     grant to Ohio Ready to Work program; $530,000 shall be for a 
     grant to Michigan State University for the Institute for 
     Trade in the Americas; $500,000 shall be for a grant to 
     Bridgeport Regional Business Council for an economic 
     integration initiative; $100,000 shall be for a grant to 
     Cedarbridge Development Corporation for a redevelopment 
     initiative; $100,000 shall be for a grant to the Heart of 
     Florida Regional Coalition; $150,000 shall be for a grant to 
     Syracuse, NY, for a small business community support program; 
     $500,000 shall be for a grant to the Connect the Valley 
     initiative; $500,000 shall be for a grant to the Chattanooga 
     Enterprise Center for a demonstration project; $150,000 shall 
     be available for a grant to St. Jerome Church for their 
     community center project and programs in the Bronx, New York; 
     $50,000 shall be available for a grant to establish the Tito 
     Puente Legacy Project at Hostos Community College in New 
     York; $150,000 shall be available for a grant to the Bronx 
     Council on the Arts for its Arts Cultural Corridor Project to 
     promote local arts initiatives; $50,000 shall be available 
     for a grant to the South Bronx Action Group to provide 
     housing related services to the community; $100,000 shall be 
     available for a grant to Pro Co Technology, Inc. for their 
     programs in the Bronx, New York; $150,000 shall be available 
     for a grant to Bronx Shepherds for community programs; 
     $200,000 shall be available for a grant to HOGAR, Inc. in the 
     Bronx, New York; $50,000 shall be available for a grant to 
     the Promesa Foundation to provide financial assistance to New 
     York area families under a youth sports and recreational 
     initiative; $100,000 shall be available for a grant to 
     Promesa Enterprises in New York for infrastructure program 
     support; $100,000 shall be available for a grant to 
     Presbyterian Senior Services for capital costs for their 
     Grandparent Family Apartments project in the Bronx, New York; 
     $50,000 shall be available for a grant to World Vision's 
     Bronx Storehouse for services in the community; $50,000 shall 
     be available for a grant to the Bronx River Alliance for its 
     services in the Bronx, New York; $600,000 shall be available 
     to the Downtown Huntsville Small Business Enhancement 
     Initiative; $150,000 shall be available for the Rhode Island 
     College for the Project FLIP (Financial and Functional 
     Literacy Incentive Program); $750,000 shall be available for 
     the Rhode Island School of Design in Providence, Rhode 
     Island; $100,000 shall be available for the Newport County 
     Chamber of Commerce for the Aquidneck Island Corporate Park 
     Capital Program; $700,000 shall be available for the American 
     Cities Foundation (ACF) Economic Development Initiative; 
     $300,000 shall be available for CAP Services in Stevens 
     Point, WI; $500,000 shall be available for the Northwest 
     Regional Planning Commission; $400,000 shall be available for 
     the Wisconsin Procurement Institute; $250,000 shall be for 
     the JARI Workforce Development Program; $250,000 shall be for 
     the JARI Small Business Technology Center; $400,000 shall be 
     for the Economic Growth Connection Procurement Assistance 
     Program; $300,000 shall be for the Franklin County, 
     Massachusetts Community Development Corporation for a rural 
     economic growth program; $1,870,000 shall be available for a 
     grant to the MountainMade Foundation to fulfill its charter 
     purposes and to continue the initiative developed by the NTTC 
     for outreach and promotion, business and sites development, 
     the education of artists and craftspeople, and to promote 
     small businesses, artisans and their products through market 
     development, advertisement, commercial sale and other 
     promotional means; $1,000,000 shall be available for the 
     INNOVA small business incubator; $30,000 shall be available 
     for the

[[Page H9727]]

     Town of Hambleton for upgrades and renovations to the town 
     hall; $100,000 shall be available for the Parsons 
     Revitalization Organization for planning purposes; $100,000 
     shall be available for Rowlesburg Revitalization Committee 
     for neighborhood revitalization; $500,000 shall be available 
     for the Institute for Entrepreneurship, Small Business 
     Development and Global Logistics at California State 
     University at Dominguez Hills, California; $300,000 shall be 
     available for Brooklyn Economic Development Corporation in 
     Brooklyn, New York to support and expand the Initiative for a 
     Competitive Brooklyn; and $200,000 shall be available for the 
     Local Development Corporation of East New York for the 
     Brooklyn Enterprise Center.
       Sec.  614. None of the funds made available to the 
     Department of Justice in this Act may be used to discriminate 
     against or denigrate the religious or moral beliefs of 
     students who participate in programs for which financial 
     assistance is provided from those funds, or of the parents or 
     legal guardians of such students.
       Sec. 615. All disaster loans issued in Alaska or North 
     Dakota shall be administered by the Small Business 
     Administration and shall not be sold during fiscal year 2006.
       Sec. 616. 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. 617. The Departments of Commerce, Justice, and State, 
     the Securities and Exchange Commission and the Small Business 
     Administration shall, not later than two months after the 
     date of the enactment of this Act, certify that telecommuting 
     opportunities have increased over levels certified to the 
     Committees on Appropriations for fiscal year 2005: Provided, 
     That, of the total amounts appropriated to the Departments of 
     Commerce, Justice, and State, the Securities and Exchange 
     Commission and the Small Business Administration, $5,000,000 
     shall be available to each only upon such certification: 
     Provided further, That each Department or agency shall 
     provide quarterly reports to the Committees on Appropriations 
     on the status of telecommuting programs, including the number 
     and percentage of Federal employees eligible for, and 
     participating in, such programs: Provided further, That each 
     Department or agency shall maintain a ``Telework 
     Coordinator'' to be responsible for overseeing the 
     implementation and operations of telecommuting programs, and 
     serve as a point of contact on such programs for the 
     Committees on Appropriations.
       Sec. 618. With the consent of the President, the Secretary 
     of Commerce shall represent the United States Government in 
     negotiating and monitoring international agreements regarding 
     fisheries, marine mammals, or sea turtles: Provided, That the 
     Secretary of Commerce shall be responsible for the 
     development and interdepartmental coordination of the 
     policies of the United States with respect to the 
     international negotiations and agreements referred to in this 
     section.
       Sec. 619. The National Aeronautics and Space Administration 
     and the National Science Foundation shall, not later than two 
     months after the date of the enactment of this Act, certify 
     that telecommuting opportunities are made available to 100 
     percent of the eligible workforce: Provided, That, of the 
     total amounts appropriated to the National Aeronautics and 
     Space Administration and the National Science Foundation, 
     $5,000,000 shall be available to each agency only upon such 
     certification: Provided further, That both agencies shall 
     provide quarterly reports to the Committees on Appropriations 
     on the status of telecommuting programs, including the number 
     of Federal employees eligible for, and participating in, such 
     programs: Provided further, That both agencies shall 
     designate a ``Telework Coordinator'' to be responsible for 
     overseeing the implementation and operations of telecommuting 
     programs, and serve as a point of contact on such programs 
     for the Committees on Appropriations.
       Sec. 620. Any funds provided in this Act used to implement 
     E-Government Initiatives shall be subject to the procedures 
     set forth in section 605 of this Act.
       Sec. 621. (a) Tracing studies conducted by the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives are released 
     without adequate disclaimers regarding the limitations of the 
     data.
       (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives 
     shall include in all such data releases, language similar to 
     the following that would make clear that trace data cannot be 
     used to draw broad conclusions about firearms-related crime:
       (1) Firearm traces are designed to assist law enforcement 
     authorities in conducting investigations by tracking the sale 
     and possession of specific firearms. Law enforcement agencies 
     may request firearms traces for any reason, and those reasons 
     are not necessarily reported to the Federal Government. Not 
     all firearms used in crime are traced and not all firearms 
     traced are used in crime.
       (2) Firearms selected for tracing are not chosen for 
     purposes of determining which types, makes or models of 
     firearms are used for illicit purposes. The firearms selected 
     do not constitute a random sample and should not be 
     considered representative of the larger universe of all 
     firearms used by criminals, or any subset of that universe. 
     Firearms are normally traced to the first retail seller, and 
     sources reported for firearms traced do not necessarily 
     represent the sources or methods by which firearms in general 
     are acquired for use in crime.
       Sec. 622. None of the funds appropriated by this Act may be 
     used by the Federal Communications Commission to modify, 
     amend, or change its rules or regulations for universal 
     service support payments to implement the February 27, 2004 
     recommendations of the Federal-State Joint Board on Universal 
     Service regarding single connection or primary line 
     restrictions on universal service support payments.
       Sec. 623. None of the funds appropriated or otherwise made 
     available under this Act may be used to issue patents on 
     claims directed to or encompassing a human organism.
       Sec. 624. None of the funds made available in this Act 
     shall be used in any way whatsoever to support or justify the 
     use of torture by any official or contract employee of the 
     United States Government.
       Sec. 625. Of the amounts made available in this Act, 
     $393,616,321 from ``Department of State''; $27,938,072 from 
     ``Department of Justice''; $14,107,754 from ``Department of 
     Commerce''; $426,314 from ``United States Trade 
     Representative''; $575,116 from ``Broadcasting Board of 
     Governors''; $291,855 from ``National Aeronautics and Space 
     Administration''; and $79,754 from ``National Science 
     Foundation'' shall be available for the purposes of 
     implementing the Capital Security Cost Sharing program.
       Sec. 626. None of the funds made available to NASA in this 
     Act may be used for voluntary separation incentive payments 
     as provided for in subchapter II of chapter 35 of title 5, 
     United States Code, unless the Administrator of NASA has 
     first certified to Congress that such payments would not 
     result in the loss of skills related to the safety of the 
     Space Shuttle or the International Space Station or to the 
     conduct of independent safety oversight in the National 
     Aeronautics and Space Administration.
       Sec. 627. Notwithstanding 40 U.S.C. 524, 571, and 572, the 
     Administrator of the National Aeronautics and Space 
     Administration may sell the National Aeronautics and Space 
     Administration-owned property on the Camp Parks Military 
     Reservation, Alameda County, California.
       Sec.  628. (a) In General.--The President of the United 
     States through his designee the Administrator of the National 
     Aeronautics and Space Administration and in consultation with 
     other Federal agencies shall develop a national aeronautics 
     policy to guide the aeronautics programs of the 
     Administration through 2020.
       (b) Content.--At a minimum, the national aeronautics policy 
     shall describe--
       (1) the priority areas of research for aeronautics through 
     fiscal year 2011;
       (2) the basis on which and the process by which priorities 
     for ensuing fiscal years will be selected;
       (3) the facilities and personnel needed to carry out the 
     program through fiscal year 2011; and
       (4) the budget assumptions on which the national 
     aeronautics policy is based.
       (c) Considerations.--In developing the national aeronautics 
     policy, the President shall consider the following questions, 
     which shall be discussed in the policy statement--
       (1) the extent to which NASA should focus on long-term, 
     high-risk research or more incremental research or both and 
     the expected impact on the U.S. aircraft and airline 
     industries of those decisions;
       (2) the extent to which NASA should address military and 
     commercial needs;
       (3) how NASA will coordinate its aeronautics program with 
     other Federal agencies; and
       (4) the extent to which NASA will fund university research 
     and the expected impact of that funding on the supply of U.S. 
     workers for the aeronautics industry.
       (d) Consultation.--In developing the national aeronautics 
     policy, the Administrator shall consult widely with academic 
     and industry experts and with other Federal agencies. The 
     Administrator may enter into an arrangement with the National 
     Academy of Sciences to help develop the national aeronautics 
     policy.
       (e) Schedule.--The Administrator shall submit the new 
     national aeronautics policy to the House and Senate 
     Committees on Appropriations and to the House Committee on 
     Science and the Senate Committee on Commerce, Science, and 
     Transportation within one year of enactment of this Act. The 
     Administrator shall make available to the Congress any study 
     done by a non-governmental entity that was used in the 
     development of the national aeronautics policy.
       Sec. 629. (a) Notwithstanding any other provision of law or 
     treaty, none of the funds appropriated or otherwise made 
     available under this Act or any other Act may be expended or 
     obligated by a department, agency, or instrumentality of the 
     United States to pay administrative expenses or to compensate 
     an officer or employee of the United States in connection 
     with requiring an export license for the export to Canada of 
     components, parts, accessories or attachments for firearms 
     listed in Category I, section 121.1 of title 22, Code of 
     Federal Regulations (International Trafficking in Arms 
     Regulations (ITAR), part 121, as it existed on April 1, 2005) 
     with a total value not exceeding $500 wholesale in any 
     transaction, provided that the conditions of subsection (b) 
     of this section are met by the exporting party for such 
     articles.
       (b) The foregoing exemption from obtaining an export 
     license--
       (1) does not exempt an exporter from filing any Shipper's 
     Export Declaration or notification letter required by law, or 
     from being otherwise eligible under the laws of the United 
     States to possess, ship, transport, or export the articles 
     enumerated in subsection (a); and
       (2) does not permit the export without a license of--
       (A) fully automatic firearms and components and parts for 
     such firearms, other than for end use by the Federal 
     Government, or a Provincial or Municipal Government of 
     Canada, or
       (B) barrels, cylinders, receivers (frames) or complete 
     breech mechanisms for any firearm listed in Category I, other 
     than for end use by the Federal Government, or a Provincial 
     or Municipal Government of Canada; or
       (C) articles for export from Canada to another foreign 
     destination.
       (c) In accordance with this section, the District Directors 
     of Customs and postmasters shall

[[Page H9728]]

     permit the permanent or temporary export without a license of 
     any unclassified articles specified in subsection (a) to 
     Canada for end use in Canada or return to the United States, 
     or temporary import of Canadian-origin items from Canada for 
     end use in the United States or return to Canada for a 
     Canadian citizen.
       (d) The President may require export licenses under this 
     section on a temporary basis if the President determines, 
     upon publication first in the Federal Register, that the 
     Government of Canada has implemented or maintained inadequate 
     import controls for the articles specified in subsection (a), 
     such that a significant diversion of such articles has and 
     continues to take place for use in international terrorism or 
     in the escalation of a conflict in another nation. The 
     President shall terminate the requirements of a license when 
     reasons for the temporary requirements have ceased.
       Sec. 630. Notwithstanding any other provision of law, no 
     department, agency, or instrumentality of the United States 
     receiving appropriated funds under this Act or any other Act 
     shall obligate or expend in any way such funds to pay 
     administrative expenses or the compensation of any officer or 
     employee of the United States to deny any application 
     submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified 
     pursuant to 27 CFR Sec. 478.112 or .113, for a permit to 
     import United States origin ``curios or relics'' firearms, 
     parts, or ammunition.
       Sec. 631. None of the funds made available in this Act may 
     be used to include in any new bilateral or multilateral trade 
     agreement the text of--
       (1) paragraph 2 of article 16.7 of the United States-
     Singapore Free Trade Agreement;
       (2) paragraph 4 of article 17.9 of the United States-
     Australia Free Trade Agreement; or
       (3) paragraph 4 of article 15.9 of the United States-
     Morocco Free Trade Agreement.
       Sec. 632. Of the funds appropriated to the Federal Trade 
     Commission by this Act, not less than $1,000,000 shall be 
     used by the Commission to conduct an immediate investigation 
     into nationwide gasoline prices in the aftermath of Hurricane 
     Katrina: Provided, That the investigation shall include (1) 
     any evidence of price-gouging by companies with total United 
     States wholesale sales of gasoline and petroleum distillates 
     for calendar 2004 in excess of $500,000,000 and by any retail 
     distributor of gasoline and petroleum distillates against 
     which multiple formal complaints (that identify the location 
     of a particular retail distributor and provide contact 
     information for the complainant) of price-gouging were filed 
     in August or September, 2005, with a Federal or State 
     consumer protection agency, (2) a comparison of, and an 
     explanation of the reasons for changes in, profit levels of 
     such companies during the 12-month period ending on August 
     31, 2005, and their profit levels for the month of September, 
     2005, including information for particular companies on a 
     basis that does not permit the identification of any company 
     to which the information relates, (3) a summary of tax 
     expenditures (as defined in section 3(3) of the Congressional 
     Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(3)) 
     for such companies, (4) the effects of increased gasoline 
     prices and gasoline price-gouging on economic activity in the 
     United States, and (5) the overall cost of increased gasoline 
     prices and gasoline price-gouging to the economy, including 
     the impact on consumers' purchasing power in both declared 
     State and National disaster areas and elsewhere: Provided 
     further, That, in conducting its investigation, the 
     Commission shall treat as evidence of price-gouging any 
     finding that the average price of gasoline available for sale 
     to the public in September, 2005, or thereafter in a market 
     area located in an area designated as a State or National 
     disaster area because of Hurricane Katrina, or in any other 
     area where price-gouging complaints have been filed because 
     of Hurricane Katrina with a Federal or State consumer 
     protection agency, exceeded the average price of such 
     gasoline in that area for the month of August, 2005, 
     unless the Commission finds substantial evidence that the 
     increase is substantially attributable to additional costs 
     in connection with the production, transportation, 
     delivery, and sale of gasoline in that area or to national 
     or international market trends: Provided further, That in 
     any areas of markets in which the Commission determines 
     price increases are due to factors other than the 
     additional costs, it shall also notify the appropriate 
     State agency of its findings: Provided further, That the 
     Commission shall provide information on the progress of 
     the investigation to the Senate and House Appropriations 
     Committees, the Senate Committee on Commerce, Science, and 
     Transportation, and the House of Representatives Committee 
     on Energy and Commerce every 30 days after the date of 
     enactment of this Act, shall provide those Committees a 
     written interim report 90 days after such date, and shall 
     transmit a final report to those Committees, together with 
     its findings and recommendations, no later than 180 days 
     after the date of enactment of this Act: Provided further, 
     That the Commission shall transmit recommendations, based 
     on its findings, to the Congress for any legislation 
     necessary to protect consumers from gasoline price-gouging 
     in both State and National disaster areas and elsewhere: 
     Provided further, That chapter 35 of title 44, United 
     States Code, does not apply to the collection of 
     information for the investigation required by this 
     section: Provided further, That if, during the 
     investigation, the Commission obtains evidence that a 
     person may have violated a criminal law, the Commission 
     may transmit that evidence to appropriate Federal or State 
     authorities: Provided further, That nothing in this 
     section affects any other authority of the Commission to 
     disclose information.
       Sec. 633. Section 302 of the Universal Service 
     Antideficiency Temporary Suspension Act is amended by 
     striking ``December 31, 2005,'' each place it appears and 
     inserting ``December 31, 2006,''.
       Sec. 634. None of the funds made available in this Act may 
     be used to send or otherwise pay for the attendance of more 
     than 50 employees of agencies or departments of the United 
     States Government who are stationed in the United States, at 
     any single international conference occurring outside the 
     United States, unless the Secretary of State determines that 
     such attendance is in the national interest: Provided, That 
     for purposes of this section the term ``international 
     conference'' shall mean a conference attended by 
     representatives of the United States Government and 
     representatives of foreign governments, international 
     organizations, or nongovernmental organizations.
       Sec. 635. (a) Modification of Responsibilities.--
     Notwithstanding any provision of section 1238 of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (22 U.S.C. 7002), or any other provision of law, the 
     United States-China Economic and Security Review Commission 
     established by subsection (b) of that section shall 
     investigate and report exclusively on each of the following 
     areas:
       (1) Proliferation practices.--The role of the People's 
     Republic of China in the proliferation of weapons of mass 
     destruction and other weapons (including dual use 
     technologies), including actions the United States might take 
     to encourage the People's Republic of China to cease such 
     practices.
       (2) Economic transfers.--The qualitative and quantitative 
     nature of the transfer of United States production activities 
     to the People's Republic of China, including the relocation 
     of high technology, manufacturing, and research and 
     development facilities, the impact of such transfers on 
     United States national security, the adequacy of United 
     States export control laws, and the effect of such transfers 
     on United States economic security and employment.
       (3) Energy.--The effect of the large and growing economy of 
     the People's Republic of China on world energy supplies and 
     the role the United States can play (including through joint 
     research and development efforts and technological 
     assistance) in influencing the energy policy of the People's 
     Republic of China.
       (4) Access to united states capital markets.--The extent of 
     access to and use of United States capital markets by the 
     People's Republic of China, including whether or not existing 
     disclosure and transparency rules are adequate to identify 
     People's Republic of China companies engaged in harmful 
     activities.
       (5) Regional economic and security impacts.--The triangular 
     economic and security relationship among the United States, 
     Taipei, and the People's Republic of China (including the 
     military modernization and force deployments of the People's 
     Republic of China aimed at Taipei), the national budget of 
     the People's Republic of China, and the fiscal strength of 
     the People's Republic of China in relation to internal 
     instability in the People's Republic of China and the 
     likelihood of the externalization of problems arising from 
     such internal instability.
       (6) United states-china bilateral programs.--Science and 
     technology programs, the degree of non-compliance by the 
     People's Republic of China with agreements between the United 
     States and the People's Republic of China on prison labor 
     imports and intellectual property rights, and United States 
     enforcement policies with respect to such agreements.
       (7) World trade organization compliance.--The compliance of 
     the People's Republic of China with its accession agreement 
     to the World Trade Organization (WTO).
       (8) Freedom of expression.--The implications of 
     restrictions on speech and access to information in the 
     People's Republic of China for its relations with the United 
     States in the areas of economic and security policy.
       (b) Applicability of Federal Advisory Committee Act.--
     Subsection (g) of section 1238 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 is 
     amended to read as follows:
       ``(g) Applicability of FACA.--The provisions of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall apply to the 
     activities of the Commission.''.
       Sec. 636. Section 635 of division B of Public Law 108-447 
     is amended by striking ``balance'' and inserting ``and 
     unexpended balances''.
       Sec. 637. None of the funds made available in this Act may 
     be used to pay expenses for any United States delegation to 
     any specialized agency, body, or commission of the United 
     Nations if such commission is chaired or presided over by a 
     country, the government of which the Secretary of State has 
     determined, for purposes of section 6(j)(1) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has 
     provided support for acts of international terrorism.


                              (rescission)

       Sec. 638. (a) There is hereby rescinded an amount equal to 
     0.28 percent of the budget authority provided for in fiscal 
     year 2006 for any discretionary account in this Act.
       (b) Any rescission made by subsection (a) shall be applied 
     proportionately--
       (1) to each discretionary account and each item of budget 
     authority described in subsection (a); and
       (2) within each such account and item, to each program, 
     project, and activity (with programs, projects, and 
     activities as delineated in the appropriation Act or 
     accompanying reports for the relevant fiscal year covering 
     such account or item, or for accounts and items not included 
     in appropriation Acts, as delineated in the most recently 
     submitted President's budget).

[[Page H9729]]

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration


                          WORKING CAPITAL FUND

                              (RESCISSION)

       Of the unobligated balances available under this heading, 
     $2,500,000 are rescinded.

                            Legal Activities


                         assets forfeiture fund

                              (rescission)

       Of the unobligated balances available under this heading, 
     $102,000,000 are rescinded.

                    Federal Bureau of Investigation


                         salaries and expenses

                              (rescission)

       Of the unobligated balances available under this heading, 
     $25,000,000 are rescinded.

                       Office of Justice Programs


                              (rescission)

       Of the unobligated balances available under this heading, 
     $110,500,000 are rescinded.


                  community oriented policing services

                              (rescission)

       Of the unobligated balances available under this heading, 
     $86,500,000 are rescinded.

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                              (RESCISSION)

       Of the unobligated balances available in accounts under 
     this heading from prior year appropriations, $25,000,000 are 
     rescinded.

                            RELATED AGENCIES

                   Federal Communications Commission


                         Salaries and Expenses

                              (Rescission)

       Of the unobligated balances available under this heading, 
     $25,300,000 are rescinded.

                        Federal Trade Commission


                         Salaries and Expenses

                              (Rescission)

       Of the unobligated balances available under this heading, 
     $12,000,000 are rescinded.

                        Marine Mammal Commission


                         salaries and expenses

                              (RESCISSION)

       Of the unobligated balances available under this heading, 
     $920,000 are rescinded.

                     Small Business Administration


                         Salaries and Expenses

                              (Rescission)

       Of the unobligated balances available under this heading, 
     $3,000,000 are rescinded.


                     Business Loans Program Account

                              (Rescission)

       Of the unobligated balances available under this heading, 
     $4,000,000 are rescinded.
       This Act may be cited as the ``Science, State, Justice, 
     Commerce, and Related Agencies Appropriations Act, 2006''.
       And the Senate agree to the same.
       That the Senate recede from its amendment to the title of 
     the bill.
     Frank R. Wolf,
     Charles H. Taylor,
     Mark Steven Kirk,
     Dave Weldon,
     Virgil Goode, Jr.,
     Ray LaHood,
     John Abney Culberson,
     Rodney Alexander,
     Jerry Lewis,
     Alan B. Mollohan,
     Jose E. Serrano,
     Bud Cramer,
     Patrick J. Kennedy,
     Chaka Fattah,
                                Managers on the Part of the House.

     Richard C. Shelby,
     Judd Gregg,
     Ted Stevens,
     Pete V. Domenici,
     Mitch McConnell,
     Kay Bailey Hutchison,
     Sam Brownback,
     Kit Bond,
     Thad Cochran,
     Barbara Mikulski,
     Daniel K. Inouye,
     Patrick Leahy,
     Herb Kohl,
     Patty Murray,
     Tom Harkin,
     Byron L. Dorgan,
     Robert C. Byrd,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendments of the Senate to the bill (H.R. 
     2862), ``making appropriations for Science, the Departments 
     of State, Justice, and Commerce, and related agencies for the 
     fiscal year ending September 30, 2006, and for other 
     purposes'', submits the following joint statement to the 
     House and the Senate in explanation of the effect of the 
     action agreed upon by the conferees and recommended in the 
     accompanying conference report.
       The legislative intent in the House and Senate versions in 
     H.R. 2862 is set forth in the accompanying House report (H. 
     Rpt. 109-118) and the accompanying Senate reports (S. Rpt. 
     109-88 and S. Rpt. 109-96).
       The Senate amended the House bill with two amendments. The 
     Senate amendment to the text deleted the entire House bill 
     after the enacting clause and inserted the Senate bill. The 
     conference agreement includes a revised bill.
       The Senate amended the title of the House bill. The 
     conference agreement adopts the title of the bill as proposed 
     by the House.

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration


                         Salaries and Expenses

       The conference agreement includes $124,456,000 for General 
     Administration, Salaries and Expenses, as proposed by the 
     House, instead of $116,936,000 as proposed by the Senate.
       The conference agreement includes $31,250,000 for the 
     Office of Intelligence Policy and Review. This is an increase 
     of $8,289,000 above fiscal year 2005 and is equal to the 
     budget request.
       The conference agreement includes necessary sums to 
     continue efforts to replace locks used to store classified 
     information.
       The conference agreement adopts, by reference, language 
     included in the House report concerning the excessive delay 
     in the issuance of regulations governing the recognition of 
     asylum claims from women fleeing honor killings, trafficking, 
     sexual slavery and domestic violence. The conferees expect 
     the Departments of Justice and Homeland Security to issue 
     regulations to govern gender-based asylum claims.
       The conference agreement adopts, by reference, language 
     included in the House directing the Attorney General, in 
     cooperation with the Director of National Intelligence, to 
     submit a report, not later than 120 days after enactment of 
     this Act, on the practicality of integrating the Drug 
     Enforcement Administration, or a portion thereof, into the 
     Intelligence Community.
       The conference agreement adopts, by reference, language 
     included in the House report encouraging the Attorney General 
     to ensure that every contract the Department enters into that 
     contemplates the exchange of personal data between a 
     contractor and the Department includes a provision requiring 
     that entity to have a security policy in place that contains 
     procedures to promptly notify any individual whose personal 
     information was, or is reasonably believed to have been, lost 
     or acquired by an unauthorized person. Notification may be 
     delayed or may not occur if it would impede a law enforcement 
     investigation or jeopardize national security.
       The conference agreement adopts, by reference, language 
     included in the House report directing the Department to 
     submit a report on its efforts to share intelligence relating 
     to large, violent gangs with State and local law enforcement 
     officials. The report should address specific gangs, drug 
     trafficking organizations, the regions in which they operate, 
     and the Federal resources allocated to containing these 
     gangs.
       The conference agreement adopts, by reference, language 
     included in the Senate report requiring the Department to 
     provide a report to the Committees on Appropriations, no 
     later than 30 days after the date of enactment of this Act 
     and quarterly thereafter, on all administrative, E-Gov, and 
     centralized training service charges to all components of the 
     Department. The report shall include: (1) how costs are 
     derived; (2) the specific activities paid for; (3) the 
     savings achieved by having a centralized service or E-Gov 
     implementation; (4) all data used to compute savings; (5) how 
     often the charges are administered; (6) a breakout of all 
     centralized services rolled into the General Administration 
     account or any other account, as well as in each bureau's 
     budgets. Future budget submissions to the Committees on 
     Appropriations shall include this detailed breakout.
       The conference agreement includes $500,000, as proposed by 
     the Senate, for a third party privacy assessment. The 
     Department is the repository of large amounts of personal 
     information, much of it related to counterterrorism 
     initiatives. With this comes the responsibility of managing 
     and protecting this personal information. The party chosen to 
     undertake this third party assessment should have knowledge 
     of all applicable privacy laws, including the Privacy Act of 
     1974 (Public Law 93-579), the E-Government Act of 2002 
     (Public Law 107-347), the privacy provisions of the 2004 
     Omnibus Appropriations Act (Public Law 108-199), and related 
     Office of Management and Budget regulations. This assessment 
     should provide the framework for implementation of a 
     comprehensive privacy program across the Department.
       The conference agreement adopts, by reference, language 
     included in the Senate report directing that, within 90 days 
     of enactment of this Act, the Department submit a report to 
     the Committees on Appropriations that identifies the cost and 
     use of executive aircraft for senior official transport. The 
     report should also address whether fractional aircraft 
     ownership is a more cost-effective method.
       The conferees commend the Department for the creation of a 
     National Sex Offender Public Registry. The conferees 
     encourage the Department to continue to enhance the 
     capabilities of this useful tool, including the possibility 
     of a search function by radius to allow a user to enter an 
     address and find all registered sex offenders within a 
     specified distance of their neighborhood, regardless of zip 
     code, county or State borders.
       The conferees remain concerned about the failure of 
     convicted child molesters to register with State and local 
     law enforcement agencies when they move into a jurisdiction, 
     as required by the laws of many States. According to the 
     National Center for Missing and Exploited Children, more than 
     100,000 convicted sex offenders have failed to register. The 
     wide disparity among the State

[[Page H9730]]

     programs in both registration and notification procedures 
     permits sex offenders to forum shop to get around reporting. 
     The Attorney General is directed to report to the Committees 
     on Appropriations, within 90 days of enactment of this Act, 
     on suggested legislative changes necessary to address the 
     gaps and loopholes that may exist in the current State 
     registration and reporting systems.
       Information Sharing Systems Available to Federal, State, 
     and Local Law Enforcement.--The conferees are concerned about 
     the prollferatlon and the growing costs of information 
     sharing services available to Federal, State, and local law 
     enforcement. To ensure that these efforts are coordinated, 
     cost efficient, and not duplicative of each other, the 
     conferees direct that within 90 days of enactment of this 
     Act, the Chief Information Officer shall provide a report to 
     the Committees on Appropriations that reviews the numerous 
     information technology sharing services available to law 
     enforcement. This report shall include recommendations on 
     methods to ensure coordination and functionality to provide 
     comprehensive services to law enforcement. The services to be 
     considered in the study shall include but not be limited to 
     the Regional Information Sharing System, the Criminal 
     Information Sharing Alliance Network, Nationwide Pegasus 
     Program, Law Enforcement Online, and the Department's N-DEX 
     and R-DEX systems.
       Radiation Exposure Compensation.--The conferees direct the 
     Department to submit a report, within 90 days of enactment, 
     to the Committees on Appropriations detailing those actions 
     that the Department and the Congress can take to implement 
     the recommendations of the National Academy of Sciences' 
     report on the coverage of affected populations by the 
     Radiation Exposure Compensation Act (Public Law 108-375).
       Reducing the Number of Alien Absconders.--The conferees 
     recognize the importance of reducing the rate of aliens who 
     do not comply with Orders of Removal, known as absconders. 
     However, the ability to address this situation is not fully 
     within the control of one Federal department. Both the 
     Department of Homeland Security (DHS) and Department of 
     Justice (DOJ) must work closely together to achieve this 
     goal. The conferees direct DOJ, in conjunction with DHS, to 
     study existing apprehension, detention, appeal, and removal 
     policies and procedures. The conferees direct DHS and DOJ to 
     jointly submit a report to the Committees on Appropriations 
     by February 18, 2006, on the efforts each Department will 
     take to reduce the absconder rate, including proposed changes 
     to existing policies, procedures, and laws to further assist 
     in reducing the absconder population.
       Office of Privacy and Civil Liberties.--The conference 
     agreement adopts, by reference, language included in the 
     House report expressing disappointment in the Department's 
     inability to complete the initial report on the establishment 
     of this Office. The conferees direct the Department to submit 
     the initial report, as soon as possible, and to provide 
     subsequent annual reports by January 30 of each year. Of the 
     funds provided for the Departmental Leadership Program, not 
     less than $690,000 shall be available for the Office of 
     Privacy and Civil Liberties and for no other purpose.

                 Justice Information Sharing Technology

       The conference agreement provides $125,000,000 for this 
     account, instead of $135,000,000 as proposed by both the 
     House and Senate.
       The conference agreement includes $10,000,000 for the 
     Unified Financial Management System and not less than 
     $5,000,000 for the Public Key Infrastructure and Secure 
     Communications program.
       Information Technology Governance Board.--Given the 
     Department's recent high profile information technology (IT) 
     failures and the large amount of resources devoted to these 
     programs, the conferees direct the Department to set up an 
     Investment Review Board to be led by the Deputy Attorney 
     General to oversee the development of all critical IT 
     infrastructure acquisitions and improvements. The Investment 
     Review Board shall review the completeness of the initial 
     business case and cost justification, ensure the creation of 
     realistic project performance metrics that measure compliance 
     with the projects' stated scope, costs, schedule, performance 
     and quality. The Attorney General shall, within 90 days of 
     enactment of this Act, submit to the Committees on 
     Appropriations for approval, a plan that includes the 
     organization and membership of the Board and the operating 
     agreement defining how the Board governs.
       Automated Biometric Identification System/Integrated 
     Automated Fingerprint Identification System (IDENT/IAFIS).--
     The conferees understand that the Secretary of Homeland 
     Security announced in July, 2005, the adoption of the 
     biometric standard for identification and verification that 
     was recommended by the National Institute of Standards and 
     Technology and supported by DOJ. The conferees are pleased 
     that Administration officials are finally beginning to 
     address the IDENT, IAFIS, U.S.-VISIT interoperability issue. 
     The conferees direct the DOJ to submit an update on its 
     efforts to make the IDENT, IAFIS, and U.S.-VISIT systems 
     fully interoperable no later than 180 days after enactment of 
     this Act.
       The conference agreement adopts, by reference, language 
     included in the House report directing that the Office of the 
     Chief Information Officer manage the Department's 
     participation in e-government initiatives and Federal 
     Investigation Case Management System.

         Narrowband Communications/Integrated Wireless Network

       The conference agreement provides $90,000,000 for this 
     account, as proposed by the Senate, instead of $70,874,000, 
     as proposed by the House.

                   Administrative Review and Appeals

       The conference agreement provides $215,685,000 for this 
     account, as proposed by the House, instead of $216,286,000, 
     as proposed by the Senate.
       The conference agreement adopts, by reference, language 
     included in the House report concerning guidelines for the 
     adjudication of unaccompanied aliens and training for judges 
     and pro bono attorneys.
       The conference agreement adopts, by reference, language 
     included in the House report urging the Office of Immigration 
     Review to explore with the DHS the possibility of expanding 
     the Legal Orientation Program, which is funded by the DHS.

                           Detention Trustee

       The conference agreement provides $1,222,000,000 for the 
     Detention Trustee, as proposed by both the House and the 
     Senate. This funding level assumes the use of $45,000,000 of 
     prior year unobligated balances.
       The conference agreement adopts, by reference, language 
     included in the Senate report requiring a quarterly report on 
     the Federal detainee population. The conference agreement 
     adopts, by reference, language included in the House report 
     regarding the Detention Trustee's efforts to develop 
     automated systems to reduce detention time.
       The Detention Trustee shall notify the Committees on 
     Appropriations 90 days prior to soliciting any contract for 
     new detention facilities.

                      Office of Inspector General

       The conference agreement provides 
     $68,80-1,000 for the Office of Inspector General (OIG), 
     instead of $66,801,000 as proposed by the House and 
     $70,431,000 as proposed by the Senate.
       The conference agreement adopts, by reference, language 
     included in the Senate report directing the OIG to review and 
     assess how well the investigations conducted by the Drug 
     Enforcement Administration's Mobile Enforcement Teams, the 
     Federal Bureau of Investigation's Safe Street Task Forces, 
     the United States Marshals Service's Fugitive Task Forces, 
     and Bureau of Alcohol, Tobacco, Firearms and Explosives' 
     Violent Crimes Impact Teams are coordinated.
       The conferees direct the OIG to compile and present to the 
     Committees on Appropriations an inventory of all major 
     Department information technology systems and planned 
     initiatives. This inventory will include the system name, 
     system description, component, cost, and implementation 
     status. The OIG shall also provide a report that details all 
     research, plans, studies, and evaluations that the Department 
     has produced, or is in the process of producing, concerning 
     IT systems, needs, plans, and initiatives. This shall include 
     an analysis that will identify the depth and scope of the 
     problems DOJ has experienced in the formulation of its IT 
     plans.
       Sentinel Oversight.--The conference agreement provides an 
     additional $2,000,000 to continue to build the OIG's IT 
     oversight capacity and to provide the OIG with an enhanced 
     capability to conduct ongoing oversight of the Department's 
     IT project acquisition and management practices.

                    United States Parole Commission


                         Salaries and Expenses

       The conference agreement provides $11,000,000 for the 
     United States Parole Commission, as proposed by the Senate 
     instead of $11,200,000, as proposed by the House.

                            Legal Activities


            Salaries and Expenses, General Legal Activities

       The conference agreement provides $661,959,000 for General 
     Legal Activities, instead of $665,821,000, as proposed by the 
     House, and $648,245,000, as proposed by the Senate. The 
     distribution of funding provided is as follows:

                        General Legal Activities

                         [Dollars in thousands]

                                                     2005 appropriation
Office of the Solicitor General..................................$8,399
Tax Division.....................................................81,548
Criminal Division...............................................144,957
Civil Division..................................................195,359
Environment and Natural Resources Division.......................93,974
Office of Legal Counsel...........................................5,937
Civil Rights Division...........................................110,447
Interpol U.S. National Central Bureau............................20,852
Office of Dispute Resolution........................................486
                                                             __________
                                                             
  Total.........................................................661,959

       Within the level of funding provided, $250,000 shall be to 
     enforce subsections (a) and (b) of section 642 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996.
       Criminal Division.--The conference agreement provides a 
     $9,612,000 increase for the Criminal Division, of which 
     $1,000,000 and 8 positions (7 attorneys) are for gang 
     investigations and prosecutions. These additional resources 
     shall be applied to enhance the Department's coordination of 
     gang investigations across judicial districts and with 
     international law enforcement partners, and to

[[Page H9731]]

     assist U.S. Attorneys offices that need additional resources 
     and expertise to effectively prosecute complex gang cases.
       The recommendation for the Criminal Division also provides 
     a $1,000,000 increase for the Criminal Division to target, 
     prosecute, and seize the assets of those who commit crimes 
     against the youngest and most vulnerable members of our 
     society.
       Civil Rights Division.--The conference agreement fully 
     funds the Civil Rights Division's efforts to combat human 
     trafficking. The conferees expect the Department to continue 
     submitting yearly updates regarding efforts to address human 
     trafficking.
       Civil Division.--The conferees recognize the increased 
     workload of the Office of Immigration Litigation and expect 
     the Civil Division to make increases to the on-board staffing 
     for this office a priority within the resources provided.
       The conference agreement includes bill language carried in 
     previous appropriations acts allowing the Attorney General to 
     provide additional resources to the Civil Division, if 
     emergent circumstances warrant, through transfers of funds 
     from other Department sources, subject to the requirements of 
     section 605 of this Act. The conferees expect the Department 
     to submit a reprogramming for costs associated with 
     continuing tobacco and other litigation activities, should 
     funding be warranted.

               The National Childhood Vaccine Injury Act

       The conference agreement includes a reimbursement of 
     $6,333,000 from the Vaccine Injury Compensation Trust Fund to 
     DOJ, as proposed by both the House and Senate.

               Salaries and Expenses, Antitrust Division

       The conference agreement provides $144,451,000 for the 
     Antitrust Division, as proposed by House and Senate.

               Salaries Expenses, United States Attorneys

       The conference agreement provides $1,600,000,000 for the 
     United States Attorneys instead of $1,626,146,000 as proposed 
     by the House, and $1,572,654,000 as proposed by the Senate.
       The conference agreement includes $1,500,000 to continue 
     and expand task force activities associated with Operation 
     Streetsweeper.
       The conference agreement adopts, by reference, language 
     included in the Senate report designating $10,000,000 for 
     Cybercrime and Intellectual Property Enforcement and 
     requiring a report to be submitted to the Committees on 
     Appropriations not later than April 30, 2006, on the number, 
     type, and location of copyright prosecutions undertaken in 
     the previous year.
       The conference agreement includes not less $27,000,000 for 
     the investigation and prosecution of identity theft.
       Within the level of funds provided, the conferees expect 
     U.S. Attorneys to make the prosecution of human smugglers, 
     referred to as ``coyotes'', a priority.

                   United States Trustee System Fund

       The conference agreement provides $214,402,000 for the 
     United States Trustee System Fund, as proposed by both the 
     House and Senate.

      Salaries and Expenses, Foreign Claims Settlement Commission

       The conference agreement provides $1,320,000 for this 
     account, instead of $1,220,000 as proposed by the House, and 
     $1,270,000 as proposed by the Senate.

                     United States Marshals Service


                         salaries and expenses

       The conference agreement provides $793,031,000 for the 
     United States Marshals Service (USMS), Salaries and Expenses 
     account, instead of $800,255,000 as proposed by the House and 
     $764,199,000 as proposed the Senate.
       In addition to inflationary and other required base 
     adjustments, the conference agreement includes the following 
     program changes: (1) an increase of $100,000 for an 
     intelligence analyst to be assigned to the National Gang 
     Intelligence Center to coordinate USMS anti-gang fugitive 
     activities with other law enforcement agencies; (2) an 
     increase of $758,000 for information technology enhancements; 
     (3) an increase of $2,500,000 for 25 additional deputy 
     marshals for security associated with high-risk cases and the 
     growing number of prisoners awaiting trial or sentencing; (4) 
     an increase of $100,000 and one position for the Witness 
     Security Program; (5) a reduction of $1,745,000 for savings 
     associated with travel and training; (6) an increase of 
     $9,000,000 for the establishment of a Gulf Coast Fugitive 
     Task Force; (7) an increase of $2,185,000 to support the five 
     existing regional fugitive task forces, including $425,000 
     for State and local overtime, training, equipment, 
     communication, vehicles, contractor support and support to 
     District Fugitive Task Forces and $1,760,000 for 12 
     additional positions; (8) an increase of $210,000 for two 
     additional positions for the Criminal Information Branch; (9) 
     an increase of $1,063,000 for the Technical Operations Group, 
     including $600,000 for 4 additional positions and $463,000 
     for equipment, maintenance and increased circuit costs; and 
     (10) an increase of $575,000 for courthouse security 
     equipment.
       The conferees are concerned that workloads in local USMS 
     offices exceed current staffing levels, raising questions 
     regarding the distribution of funds to local offices, current 
     restrictions on overtime pay, and staffing levels. The 
     conferees direct the USMS to submit a report no later than 
     March 31, 2006, detailing how funds are allocated to local 
     USMS offices, how full time equivalents and other positions 
     are distributed among these offices, and all policies 
     regarding restrictions on overtime pay.
       Under the Interagency Crime and Drug Enforcement account, 
     the conference agreement does not include the requested 
     $2,72,000 increase for the USMS.
       Courthouse Security Equipment.--The conference agreement 
     provides $12,000,000 for the preventive maintenance and 
     repair of courthouse security equipment to be allocated to 
     the USMS's highest priority needs. The conference agreement 
     USMS to report to the Committees on Appropriations within 30 
     days of enactment of this Act on the allocation of this 
     funding.
       The conferees are concerned with the long-term courthouse 
     security equipment requirements of the USMS. The conferees 
     expect the USMS to develop long-term plans to address these 
     requirements and expect future budget requests to include 
     sufficient resources to address USMS equipment deficiencies.
       Regional Fugitive Task Forces.--The conference agreement 
     provides $27,683,000 for Regional Fugitive Task Forces. Of 
     these funds, $18,683,000 is provided for the existing five 
     regional task forces, including $16,498,000 for base 
     resources, $1,760,000 for 12 new positions, and $425,000 for 
     State and local overtime, training, equipment, communication, 
     vehicles, contractor support and support to District Fugitive 
     Task Forces. Within the funds provided, the conference 
     agreement includes $9,000,000 for the establishment of a new 
     Gulf Coast Regional Fugitive Task Force to be headquartered 
     in Birmingham, Alabama; with additional offices in 
     Montgomery, Alabama; Mobile, Alabama; Jackson, Mississippi; 
     and Oxford, Mississippi. Funds are provided to support 37 new 
     positions (22 in Alabama and 10 in Mississippi) and 19 full-
     time equivalent positions, and $3,528,000 is provided for 
     other start-up and operational costs.
       Criminal Information Branch.--The conference agreement 
     provides $1,050,000 for the Criminal Information Branch, of 
     which $840,000 is for base resources and $210,000 is for two 
     additional analysts and support personnel.
       Technical Operations Group.--The conference agreement 
     provides $17,450,000 for the Technical Operations Group, of 
     which: $16,387,000 is for base resources; $463,000 is for 
     equipment, maintenance, and increased circuit costs; and 
     $600,000 is for four new full-time equivalent positions.
       Criminal Information Systems.--The conference agreement 
     provides $2,650,000 in base resources for Criminal 
     Information Systems.
       International Fugitives.--The conference agreement provides 
     4,380,000 in base resources for the International Fugitive 
     Apprehension Program.
       Special Operations Group.--The conference agreement 
     provides $4,414,000 in base resources for the Special 
     Operations Group.
       Central Courthouse Management Group.--The conference 
     agreement provides $4,433,000 in base resources for the 
     Central Courthouse Management Group.
       Emergency Supplemental.--The Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Tsunami Relief, 2005 (Public Law 109-13) appropriated 
     $11,935,000 to increase judicial security outside of 
     courthouse facilities. The conferees understand that there is 
     a disagreement between the Department and the Federal 
     Judiciary over how future costs for home intrusion detection 
     systems should be funded. The conferees expect the executive 
     and judicial branches of government to work out their 
     differences before submission of the fiscal year 2007 budget 
     request. The safety of judges and the efficient use of 
     appropriated funds demands improved cooperation and 
     coordination between the executive and judicial branches.

                              Construction

       The conference agreement provides $8,883,000 for this 
     account instead of no funding as proposed by the House and 
     $12,000, 000 as proposed by the Senate.
       The conference agreement provides funding for construction 
     in space controlled, occupied, or utilized by the USMS in 
     United States courthouses and Federal buildings, including 
     but not limited to the creation, renovation, and expansion of 
     prisoner movement areas, elevators, sallyports, staff 
     offices, and other law enforcement and court security support 
     space. As in prior years, the conferees' intent is to provide 
     for all construction activity to support the mission of the 
     USMS in protection of the Federal judiciary and other law 
     enforcement activities. The conferees understand that, due to 
     the inherent nature of construction, slippages may occur in 
     the construction schedule. As in the past, funds may be 
     directed to other locations as needed. However, USMS is 
     directed to notify the Committees on Appropriations of such 
     slippages and of the plans to redirect such funds prior to 
     the expenditure of those funds, in accordance with section 
     605 of this Act.
       The conference agreement includes $3,000,000 for the 
     establishment of the Gulf Coast Regional Fugitive Task Force. 
     These funds will support the rent and/or construction of 
     office space in five locations, a local area network and 
     high-speed communications link, and office furnishings.
       The remaining funds shall be allocated to the USMS' highest 
     priority construction needs. The conference agreement directs 
     the

[[Page H9732]]

     USMS to report to the Committees on Appropriations within 30 
     days of enactment of this Act on the allocation of this 
     funding.
       The conferees are concerned with the long-term construction 
     requirements of the USMS. The conferees expect the USMS to 
     develop long-term plans to address these requirements and 
     expect future budget requests to include sufficient resources 
     to address USMS facility deficiencies.

                     Fees and Expenses of Witnesses

       The conference agreement includes $168,000,000 for Fees and 
     Expenses of Witnesses, as proposed by both the House and 
     Senate.

           Salaries and Expenses, Community Relations Service

       The conference agreement provides $9,659,000 for the 
     Community Relations Service, as proposed by both the House 
     and Senate.

                         Assets Forfeiture Fund

       The conference agreement includes $21,468,000 for the 
     Assets Forfeiture Fund, as proposed by both the House and 
     Senate.

                      Interagency Law Enforcement


                 Interagency Crime and Drug Enforcement

       The conference agreement provides $489,440,000 for this 
     account, instead of $506,940,000 as proposed by the House and 
     $440,197,000 as proposed by the Senate. The conference 
     agreement provides the following amounts to reimburse 
     agencies for their costs of participating in these task 
     forces:

                        Reimbursement by Agency

                         [Dollars in thousands]

                                                                 Amount
Department of Justice Agencies:
  Drug Enforcement Administration..............................$196,410
  Federal Bureau of Investigation...............................136,678
  United States Marshals Service..................................7,022
  Bureau of Alcohol, Tobacco, Firearms and Explosives............11,318
  United States Attorneys.......................................128,084
  Criminal Division...............................................2,702
  Tax Division......................................................984
  Administrative Office...........................................6,242
                                                             __________
                                                             
    Total.......................................................489,440

       The conference agreement does not adopt the 
     Administration's proposal to transfer $50,000,000 and 365 
     Federal Bureau of Investigation (FBI) agents from the FBI's 
     salaries and expenses budget to this account. The conferees 
     believe this proposal unnecessarily limits the FBI's ability 
     to allocate resources to the highest priority threats such as 
     terrorism, counterintelligence, cyber crime and gang 
     enforcement.
       The conference agreement does not transfer the High 
     Intensity Drug Trafficking Areas program from the Office of 
     National Drug Control Policy to this account, as proposed in 
     the budget request.
       The conferees direct the Department to use prior year 
     unobligated balances available in this account to fund the 
     operations of the Drug Fusion Center.

                    Federal Bureau of Investigation


                         Salaries and Expenses

       The conference agreement provides $5,728,737,000 for the 
     Federal Bureau of Investigation (FBI) Salaries and Expenses 
     account, instead of $5,741,132,000 as proposed by the House, 
     and $5,295,513,000 as proposed by the Senate.
       The conference agreement does not adopt the 
     Administration's proposal to transfer $50,000,000 and 365 
     agents from this account to the Organized Crime and Drug 
     Enforcement Task Forces account. This proposal would 
     unnecessarily limit the FBI's ability to allocate resources 
     to the highest priority and emerging threats such as 
     terrorism, counterintelligence, cyber crime and gang 
     enforcement.
       The conference agreement includes an increase of 
     $163,211,000 for adjustments to base to support the current 
     operating level and provides the following program changes: 
     (1) a $26,317,000 increase for intelligence program 
     development, training, and employee recruitment; (2) a 
     $36,373,000 increase for 329 additional intelligence analyst 
     and intelligence support positions; (3) a $26,299,000 
     increase and an additional 274 positions for the foreign 
     language program; (4) a $25,000,000 increase for additional 
     Top Secret/Sensitive Compartmented Information Operational 
     Network connectivity; (5) a $70,000,000 increase and an 
     additional 61 positions for the Terrorist Screening Center 
     (TSC); (6) a $8,000,000 increase for the Law Enforcement On-
     Line program; (7) a $6,023,000 increase and an additional 7 
     positions for the Terrorist Explosive Device Analytical 
     Center (TEDAC); (8) a $69,810,000 increase and an additional 
     396 national security investigations personnel; (9) a 
     $14,297,000 increase and an additional 10 positions to 
     improve IT program management; (10) a $10,000,000 increase 
     for additional access to SBUNet; (11) a $13,260,000 increase 
     and an additional 42 positions for legal attache expansion 
     and IT infrastructure; (12) a $4,929,000 increase and an 
     additional 40 positions to increase the FBI's surveillance 
     capabilities; (13) a $35,000,000 increase for 
     counterterrorism operations; (14) a $14,295,000 increase and 
     an additional 68 positions for the Critical Incident Response 
     Group; (15) a $20,000,000 increase for renovations to the FBI 
     Academy; (16) a $2,690,000 increase and an additional 22 
     positions for the Innocent Images National Initiative; (17) a 
     $1,604,000 increase and an additional 10 positions for child 
     exploitation and obscenity investigations; (18) a $5,000,000 
     increase for pay and benefit enhancements to continue the 
     implementation of the new pay authorities; (19) a $5,000,000 
     increase for training programs; (20) a $20,000,000 increase 
     to accelerate the expansion of secure facilities in FBI field 
     offices; (21) a $9,700,000 increase for gang enforcement; 
     (22) a $5,000,000 increase for 100 additional administrative 
     personnel; (23) a $5,125,000 increase for the Hazardous 
     Devices School; (24) a $20,000,000 increase for the Special 
     Technologies and Applications Section; (25) a $3,173,000 
     increase for Child Abduction Rapid Deployment Teams; (26) a 
     $16,796,000 general reduction; (27) a $5,404,000 and 42 
     position reduction in lower priority criminal programs; and 
     (28) a $4,674,000 reduction for electronic government 
     efficiencies.
       The conference agreement adopts, by reference, language 
     included in the House report on the FBI Transformation and 
     the continuation of quarterly updates.
       The conferees are supportive of the Administration's 
     efforts to implement the recommendations of the Commission on 
     the Intelligence Capabilities of the United States Regarding 
     Weapons of Mass Destruction (WMD Commission) including the 
     creation of a National Security Branch within the FBI and a 
     National Security Division at the DOJ. The conferees direct 
     the Attorney General to submit a report, not later than 60 
     days after enactment of this Act, on the actions taken to 
     implement the recommendations of the WMD Commission.
       Infrastructure.--The conferees are concerned that the FBI 
     has been neglecting its national security infrastructure over 
     the past several years. While the FBI has requested and 
     received significant personnel increases since September 11, 
     2001, the FBI has not taken adequate steps to ensure that 
     these new personnel have the tools to perform their duties 
     efficiently. Specifically, the FBI has indicated that it does 
     not possess sufficient Sensitive Compartmented Information 
     Facilities (SCIF) to equip and house its counterintelligence 
     and counterterrorism personnel. To address this shortfall, 
     the conferees have included an additional $20,000,000 for 
     SCIFs in the field divisions and resident agencies with the 
     greatest need. This is in addition to the $20,500,000 in base 
     funding for SCIFs. Should additional funding become 
     available, the conferees would support a reprogramming of 
     resources for additional SCIFs, subject to section 605 of 
     this Act.
       The conferees also direct the FBI to submit a report to the 
     Committees on Appropriations and Committees on Intelligence 
     that details its plan, including projected growth, schedule, 
     and costs, for providing adequately equipped SCIFs in all 
     field divisions and resident agencies conducting national 
     security investigations. The report should be submitted no 
     later than February 15, 2006.
       In addition to deficiencies in secure space, the conferees 
     note that reports by the National Academy of Public 
     Administration (NAPA) and the OIG have identified shortfalls 
     in the FBI's capability to fill all of their analyst and 
     support positions, to implement effective analytical training 
     programs, and effectively use IT. Therefore, the conference 
     agreement reduces the amount of funding requested for 
     additional staff from 2,044 positions to 1,317 positions in 
     order to provide additional funding to address these 
     infrastructure deficiencies. The conference agreement 
     provides increases above the request for IT program 
     management ($7,297,000), training programs, including the FBI 
     Academy and the Hazardous Devices School ($15,125,000), IT 
     network connectivity ($7,321,000), administrative staff 
     ($5,000,000), recruitment and retention ($5,000,000), and, as 
     discussed above, expanded secure space ($20,000,000).
       Staffing Increases.--The conference agreement provides 
     staffing increases for various requested enhancements 
     including national security investigations, surveillance 
     specialists, intelligence analysts, the TSC, the TEDAC, the 
     CIRG, and legal attache offices. The conferees direct the FBI 
     to provide the Committees on Appropriations with a report on 
     how these additional staffing resources will be allocated 
     based on position type and program to address the highest 
     priority threats.
       Information Technology.--The conferees are disappointed 
     that the implementation of the Virtual Case Files (VCF) 
     program has been unsuccessful, wasting tax payers' dollars 
     and leaving agents and analysts without the necessary IT 
     tools. However, the conferees note that the FBI has made 
     certain notable improvements in its IT program. First, the 
     FBI brought in a skilled Chief Information Officer (CIO) and 
     granted him the authority and independence to effectively 
     oversee IT throughout the FBI. Second, under the CIO's 
     leadership, Sentinel, the FBI's new replacement case 
     management system, seems to address many of the problems that 
     led to VCF's failure, such as independent verification of 
     requirements and cost estimates, phased in development and 
     deployment, and commercial off-the-shelf rather than custom 
     software.
       To help ensure success, the FBI must have program 
     management ``bench strength'' as Sentinel moves forward. 
     Therefore, the conference agreement includes an increase of 
     $14,297,000 to enhance the Office of the CIO. The conferees 
     expect the FBI to use the enhanced pay authorities provided 
     in fiscal year 2005, as well as the new authority provided 
     this year regarding the Senior Executive Service, to enhance 
     and stabilize the Office of the CIO.

[[Page H9733]]

       The conferees direct the OIG to provide the Committees on 
     Appropriations with regular updates during fiscal year 2006 
     on the financial and programmatic status of Sentinel.
       The conference agreement provides no funding for Sentinel. 
     The FBI is expected to reprogram existing resources, subject 
     to section 605 of this Act, to fund Sentinel costs during 
     fiscal year 2006.
       Training.--Within the increases provided for intelligence 
     program development and national security personnel, the 
     conference agreement includes the requested amounts of 
     $5,197,000 for intelligence training and $2,500,000 for 
     national security training. In addition, the recommendation 
     provides a $20,000,000 increase to perform necessary 
     renovations to the FBI Academy, which is $5,000,000 above the 
     request. The conferees encourage the FBI to quickly develop 
     and implement a plan to renovate the FBI Academy to improve 
     its training capabilities. Finally, the conference agreement 
     includes an additional $5,000,000 above the request to 
     accelerate training enhancements to the FBI's 
     intelligence, counterterrorism, and counterintelligence 
     training programs.
       The conference agreement adopts, by reference, language 
     included in the House report concerning coordination of 
     hiring and availability of training; joint training with 
     agents, analysts and other Intelligence Community agencies; 
     the expansion of the University Education Program, the 
     Sabbatical Program, the Fellows Program, and the use of the 
     Foreign Service Institute; and working with NAPA to improve 
     training programs for first-line supervisors, mid-level 
     managers and executives.
       Support and Administrative Staff.--The conference agreement 
     provides a $5,000,000 increase for an additional 100 support 
     staff. The conference agreement adopts, by reference, 
     language included in the House report regarding support and 
     administrative staff including: directing the FBI to focus 
     its hiring efforts on filling vacant support and 
     administrative positions in order to improve agent and 
     analyst performance and job satisfaction; and re-evaluating 
     the staffing model for the number of administrative staff 
     required to support new agents and analysts.
       Recruitment and Retention.--Within the increases provided 
     for intelligence program development and national security 
     personnel, the conference agreement includes the requested 
     program increase of $9,200,000 for intelligence analyst 
     relocation, bonuses, and college loan repayments, and the 
     requested increase of $4,192,000 for special agent transfers. 
     In addition, the conference agreement includes $5,000,000 
     above the request to provide additional retention and 
     recruitment opportunities. The conference agreement adopts, 
     by reference, language included in the House report regarding 
     recruitment and retention, including working with NAPA to 
     ensure that the FBI's new personnel authorities are used 
     effectively.
       Human Resources.--The conference agreement adopts, by 
     reference, language included in the House report regarding 
     human resources including working with NAPA to develop a 
     comprehensive leadership development strategy and the 
     submission of a report on the creation of an Office of Human 
     Resources. The report describing the responsibilities of this 
     new office shall be submitted not later than 90 days after 
     enactment of this Act and shall describe, at a minimum, how 
     this office will: (1) ensure that employee rating systems 
     match the FBI's priorities, including intelligence and 
     security; (2) ensure the new pay authorities and funding 
     provided to attract and retain staff are effectively 
     utilized; (3) develop leadership and succession planning 
     programs; and (4) consider ways to give FBI field offices 
     more flexibility in hiring administrative staff. In addition, 
     this report shall outline how the FBI intends to ensure that 
     hiring decisions and training availability are coordinated.
       Legal Attache Expansion and Information Technology 
     Infrastructure.--The conference agreement includes an 
     increase of $9,925,000 and 39 positions for legal attache 
     office expansions including a new office in Tashkent, 
     Uzbekistan, and office expansions in Abu Dhabi, United Arab 
     Emirates; Canberra, Australia; London, United Kingdom; 
     Nairobi, Kenya; New Delhi, India; Ottawa, Canada; Port of 
     Spain, Trinidad; and Rabat, Morocco. This includes increases 
     of $986,000 and 14 positions for headquarters support, 
     $5,696,000 for 25 field positions, and $3,243,000 for non-
     personnel infrastructure requirements. In addition, the 
     conference agreement provides an increase of $3,335,000 and 3 
     positions to establish a legal attache office in San 
     Salvador, El Salvador.
       Gang Enforcement.--The conference agreement includes a 
     $5,000,000 increase to establish 20 additional Safe Streets 
     Task Forces, and a $4,700,000 increase for additional 
     National Gang Intelligence Center and task force needs. As 
     discussed earlier, the conference agreement includes an 
     increase of $3,335,000 to create a legal attache office in 
     San Salvador, El Salvador. This office is established to 
     enhance cooperation in gang investigations with international 
     law enforcement partners.
       Security Clearances.--Within the increase provided for 
     intelligence program development, the conference agreement 
     includes the requested program increase of $3,526,000 for 
     additional contract adjudicators to ensure the FBI has the 
     most trustworthy workforce available and to increase its 
     capability to recognize applicants who have been directed to 
     seek employment with the FBI by hostile organizations or 
     groups. The conferees encourage the FBI to use information 
     technology tools, as appropriate, to reduce the amount of 
     time required to perform background checks and promote 
     reciprocity between government agencies.
       Cyber Investigations.--The conference agreement includes a 
     $20,000,000 increase for the Special Technologies and 
     Applications Section (STAS) for recurring operational needs. 
     These funds may be used for personnel funding for additional 
     Special Agent and other personnel to meet the needs of the 
     program.
       The conferees direct the FBI to establish a cyber crime 
     task force in Birmingham, AL. The FBI shall report to the 
     Committees on its progress within 60 days of the enactment of 
     this Act.
       The conference agreement provides an increase of $2,690,000 
     for the Innocent Images National Initiative (IINI) to expand 
     field training programs, strengthen interagency partnerships 
     with law enforcement partners, and provide increased 
     operational support to the field. IINI is an intelligence-
     driven, proactive, multi-agency investigative initiative to 
     combat the proliferation of child pornography and child 
     sexual exploitation facilitated by an online computer. The 
     IINI provides centralized coordination and analysis of case 
     information that by its very nature is national and 
     international in scope, requiring unprecedented coordination 
     throughout the FBI, as well as with State, local, and 
     international governments.
       Child Exploitation and Obscenity Investigations.--In 
     coordination with the DOJ Criminal Division's Child 
     Exploitation and Obscenity Section (CEOS) and the National 
     Center for Missing and Exploited Children (NCMEC), the FBI 
     has implemented the ``Innocent Lost'' initiative, which is 
     intended to address the growing problem of domestic child 
     prostitution. The FBI provides the investigative aspect of 
     the initiative, while DOJ-CEOS commits the prosecutorial 
     resources and the NCMEC provides training for the 
     participating field offices. The conference agreement 
     includes an additional $1,604,000 to more aggressively 
     identify, investigate, and prosecute crimes of this nature.
       Criminal Justice Information Services Division.--The 
     conference agreement includes $395,700,000, including fee 
     collections, for the Criminal Justice Information Services 
     Division (CJIS). As in previous years, under no circumstances 
     is the FBI to divert funding collected through the CJIS user 
     fee for any purpose other than CJIS, its refreshment plan, or 
     a subsequent modernization plan for the current facility.
       Next Generation Integrated Automated Fingerprint 
     Identification System (IAFIS.)--The conferees support the 
     FBI's efforts to improve the speed and accuracy of IAFIS, 
     expand the data available in the system, and improve its 
     latent print capabilities. The conferees direct the FBI to 
     use excess user fee collections from various Criminal Justice 
     Information Services' programs to fully fund the Next 
     Generation IAFIS project in fiscal year 2006 including the 
     $16,808,000 requested program increase.
       Hazardous Devices School.--The Hazardous Devices School 
     (HDS) trains bomb technicians from around the world to 
     locate, identify, render safe, and dispose of improvised 
     explosive devices, as well as learn to use specialized 
     equipment and protective clothing needed for the safe 
     disposal of explosive materials. To ensure HDS has leading 
     edge technology to match this critical mission, the 
     conference agreement includes a $5,125,000 increase to 
     develop, produce, and deploy a simulated training module that 
     will enhance its training program.
       Intellectual Property Rights.--Industrial espionage, by 
     both erstwhile friends and obvious foes, has become the 
     growth industry in the counterintelligence world. The 
     struggle for domination among major powers is now played out 
     in largely economic terms. Ideas and innovation are the 
     sinews of national strength. Within available resources, 
     $9,000,000 shall be available to combat industrial espionage 
     and other threats to the intellectual property rights of 
     manufacturers and researchers in the United States.
       The conferees are also concerned about identity theft and 
     encourage the FBI to work with the U.S. Attorneys to increase 
     investigations and prosecutions in this area.
       National Name Check Programs.--The conferees understand 
     there is a significant backlog in the processing of 
     background checks for petitions and applications pending 
     before the United States Citizenship and Immigration Service 
     (USCIS). The FBI is reimbursed for the cost of these 
     background checks by USCIS. The conferees direct the FBI to 
     ensure that current fees paid by USCIS are directed solely 
     toward completion of USCIS background checks and prevention 
     of future backlogs of USCIS background checks. The FBI is 
     further directed to submit a report to Congress identifying 
     current use of funds submitted by USCIS for purposes of 
     background checks and to include in that report a fee review 
     to determine whether current fees accurately reflect cost 
     savings that have been developed as a result of transition to 
     an electronic rather than paper-based system.
       The conference agreement adopts, by reference, language 
     included in the House report concerning information sharing, 
     the records management center, the correctional intelligence 
     initiative, and enforcement of export laws.

                              Construction

       The conference agreement provides $37,608,000 for FBI 
     construction, instead of

[[Page H9734]]

     $20,105,000 as proposed by the House and $25,213,000 as 
     proposed by the Senate.
       The conference agreement includes funding for the following 
     projects: (1) $5,000,000 for a chemical and biological 
     evidence handling and storage facility to be co-located with 
     comparable facilities in existence for sampling, handling, 
     and receipt of hazardous material by the Department of the 
     Army; (2) $7,500,000 for Critical Incident Response Group 
     facility needs; (3) $10,000,000 for equipment and other 
     necessary costs associated with establishing a permanent 
     records management facility; and (4) $15,108,000 for the FBI 
     Center for Integrated Training and Technology Transfer at 
     Redstone Arsenal. The Center will provide training areas 
     including secure space, classrooms, and practical problem 
     areas for both FBI personnel and State and local bomb 
     technicians.

                    Drug Enforcements Administration


                         salaries and expenses

       The conference agreement appropriates $1,686,457,000 for 
     the Drug Enforcement Administration (DEA), instead of 
     $1,716,173,000 as proposed by the House and $1,647,142,000 as 
     proposed by the Senate.
       The conference agreement does not adopt the 
     Administration's proposal to reduce Mobile Enforcement Teams 
     or to eliminate the Demand Reduction program. The conference 
     agreement funds these programs at their current services 
     level. The conferees direct the DEA to focus these programs 
     on combating methamphetamine (meth) production, trafficking 
     and abuse.
       The conference agreement includes an increase of $215,000 
     for 2 intelligence analysts to be assigned to the National 
     Gang Intelligence Center to coordinate DEA anti-gang 
     activities with other law enforcement agencies.
       The conferees direct the DEA to focus the remaining funding 
     increase on its highest priority programs such as combating 
     heroin trafficking in Afghanistan and Central Asia, and 
     enhancing its intelligence capabilities.
       Within the total level of funding provided in this bill and 
     in prior years, the conferees expect DEA to establish a 
     presence in Dubai, United Arab Emirates to help combat the 
     movement of proceeds from heroin trafficking.
       In addition, the conference agreement includes $20,000,000 
     under the Office of Justice Programs for DEA to assist State 
     and local law enforcement with proper removal and disposal of 
     hazardous materials at clandestine meth labs and to initiate 
     a container program, including funding for training, 
     technical assistance and purchase of equipment to adequately 
     remove and store hazardous material. Within the level of 
     funding provided, DEA shall dedicate three positions to 
     manage and oversee this program.
       Air Assets.--DEA's mission is to disrupt and dismantle the 
     major drug trafficking organizations responsible for 
     supplying the bulk of illegal drugs that enter the United 
     States. The conferees strongly support this mission, but are 
     concerned about the lack of air assets available to DEA 
     agents stationed in key transit countries. To be most 
     effective in these locations, DEA must be able to react 
     quickly to traffickers' movements to intercept and deny large 
     shipments of drugs bound for the United States. Due to other 
     pressing demands, the air assets of the Defense Department 
     and other law enforcement agencies are not generally 
     available for DEA's use, leaving DEA unable to respond to 
     important enforcement opportunities. The conferees direct the 
     DEA to provide a report by April 1, 2006, on the availability 
     of air assets, both its own and those of other agencies, to 
     meet its demands for squad-size deployments of DEA agents in 
     key transit zone countries.
       Diversion Control Fee Account.--The conference agreement 
     includes $201,673,000 for this account, which is $47,457,000 
     above fiscal year 2005. The conference agreement includes the 
     following increases: (1) $11,735,000 for inflationary and 
     other base adjustments; (2) $8,726,000 to annualize the 
     fiscal year 2005 transfer of the Drug and Chemical Diversion 
     Control Decision Unit to the Diversion Control Fee Account; 
     (3) $13,435,000 transferred from the Salaries and Expenses 
     account to more accurately reflect DEA's actual diversion 
     control activities; (4) $8,857,000 and 41 positions to 
     improve intelligence analysis supporting diversion 
     investigations; and (5) $4,704,000 and 23 positions for 
     additional agents to conduct diversion investigations.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         salaries and expenses

       The conference agreement provides $923,613,000 for the 
     Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as 
     proposed by the House, instead of $923,700,000 as proposed by 
     the Senate.
       The conference agreement includes the following changes: 
     (1) $13,314,000 increase for inflationary and other base 
     adjustments; (2) $20,000,000 increase for Violent Crime 
     Impact Teams (VCIT); (3) $966,000 reduction for savings in 
     travel and training; (4) $6,000,000 increase for the 
     Terrorist Explosive Device Analysis Center; (5) $1,500,000 
     increase for the National Arson Laboratory; (6) $300,000 
     increase for 2 intelligence analysts to be assigned to the 
     National Gang Intelligence Center to coordinate ATF anti-gang 
     activities with other law enforcement agencies; and (7) 
     $5,000,000 increase for the National Center for Explosives 
     Training and Research.
       The conference agreement does not adopt the 
     Administration's proposal to transfer $500,000 and 2 
     positions to the Department's Office of Legislative Affairs.
       Terrorist Explosive Device Analysis Center (TEDAC).--The 
     conference agreement provides an increase of $6,000,000 for 
     ATF's participation in the TEDAC. The conference agreement 
     adopts, by reference, language included in the Senate report 
     requiring the submission of a report to the Committees on 
     Appropriations no later than 30 days after enactment of this 
     Act, that identifies: (1) the number of IEDs recovered and 
     submitted to the TEDAC; (2) the dates the devices were 
     recovered and sent to the TEDAC; (3) the dates the devices 
     were technically and forensically exploited; (4) the number 
     of completed examinations; (5) the dates the results of 
     examinations were disseminated to State and local first 
     responders; and (6) a detailed summary of the information 
     provided in those reports. In addition, this report shall 
     provide a spending plan detailing how the $6,000,000 increase 
     will be allocated.
       National Center for Explosives Training and Research.--The 
     conference agreement provides an additional $5,000,000 for 
     site selection, architectural design, site preparation and a 
     total cost estimate for the construction of a permanent site 
     for the National Center for Explosives Training and Research. 
     In considering site selection, the ATF shall consider a site 
     co-located with other law enforcement and Federal government 
     entities that provides similar training and research. The 
     dynamic of these collective resources will provide a unique 
     opportunity to leverage assets, knowledge, and expertise in 
     the field, providing Federal, State and local law enforcement 
     explosives expertise at a single location.
       Violent Crime Impact Teams.--VCITs are ATF-led task forces 
     that are established in locations with high or increasing 
     rates of violence and include participants from State and 
     local law enforcement and other Federal law enforcement 
     entities such as U.S. Attorneys, the U.S. Marshals Service, 
     and the Drug Enforcement Administration. The conference 
     agreement includes a $20,000,000 increase for VCITs including 
     funding for special agents, inspectors, technical support 
     staff and operations.
       Proposed Fees to Fund Existing Law Enforcement 
     Operations.--The conferees are disappointed by the 
     Department's legislative proposal of a $120,000,000 fee on 
     the explosives industry and a permit fee on users to fund 
     existing base operations and programs of the ATF. The 
     conferees understand the legislative proposal for the fee has 
     yet to be transmitted to Congress and that if this fee were 
     enacted today, it would take two years to put the regulatory 
     structure in place before any funds could be collected. The 
     conferees find it irresponsible to budget for ongoing fiscal 
     year 2006 law enforcement operations with funds that do not 
     exist. These types of creative financing schemes could 
     ultimately lead to a disruption to the Department's law 
     enforcement programs.
       The conferees encourage ATF to continue to assess the 
     utility of new ballistic imaging products to ensure that the 
     National Integrated Ballistic Information Network program 
     continues to meet the technological and programmatic needs of 
     its State and local law enforcement partners.
       Conversion of Records.--The conferees recognize the need 
     for ATF to complete the conversion of tens of thousands of 
     existing Federal firearms dealer out-of-business records from 
     film to digital images at the ATF National Tracing Center. 
     Once the out-of-business records are fully converted, search 
     time for these records will be reduced significantly. The 
     conference agreement includes $4,200,000 for the ATF to hire 
     additional contract personnel to continue the conversion and 
     integration of records.
       The conference agreement adopts, by reference, language 
     included in the House report regarding multiple handgun sales 
     reports and forfeiture actions.

                         Federal Prison System


                         salaries and expenses

       The conference agreement provides $4,892,649,000 for the 
     salaries and expenses of the Federal Prison System (FPS), 
     instead of $4,895,649,000 as proposed by the House and 
     $4,889,649,000 as proposed by the Senate.
       The conferees remain concerned about the annual budget 
     requests for the FPS. The conferees are disturbed by the 
     Administration's fiscal year 2006 proposal to rescind prison 
     construction funds at a time when the inmate population is 
     expected to steadily increase and over-crowding is expected 
     to remain a significant problem. The conferees encourage the 
     Administration to more accurately report the needs of the FPS 
     in future budget requests.
       The funds provided for the salaries and expenses of the FPS 
     shall be distributed as shown below and any deviation from 
     this distribution is subject to the reprogramming 
     requirements of section 605 of this Act.

                         Salaries and Expenses

                         [Dollars in thousands]

Inmate Care and Programs.....................................$1,762,523
Institution Security and Administration.......................2,256,037
Contract Confinement............................................691,867
Management and Administration...................................182,222
                                                       ________________
                                                       
    Total.....................................................4,892,649

       Activations and Expansions of Prisons.--The conferees 
     include an increase of $85,017,000 for the activation of 
     three new facilities and the expansion of two existing 
     facilities. In addition, the second year activation costs of

[[Page H9735]]

     the Coleman, FL, facility are included within the base 
     funding provided. The conferees define ``activation'' as open 
     and receiving prisoners.

                  Activation of New Prison Facilities

                         [Dollars in thousands]

Activation of New Prison Facilities:
  United States Penitentiary, Tucson, AZ........................$37,647
  Federal Correctional Institution, Butner, NC...................29,190
  Hazelton, WV, Secure Women's Facility..........................10,297
Activation of Expanded Prison Facilities:
  United States Penitentiary, Florence, CO, Special Housing Unit..1,242
  Sandstone, MN, Housing Unit Expansion...........................6,641
                                                             __________
                                                             
    Total........................................................85,017

       Within the amounts provided, the conference agreement 
     provides the full requested amount for Beckley Federal 
     Correctional Institution, Gilmer Federal Correctional 
     Institution, and United States Penitentiary in Hazelton.
       The conference agreement adopts, by reference, language 
     included in the House report on the following: expanding 
     intergovernmental agreements; continuing drug treatment 
     programs; pursuing a reimbursable agreement; assigning an 
     intelligence analyst; supporting cost saving initiatives with 
     consideration for current employees; requiring a report on 
     programs for mentally-ill offenders; and encouraging 
     marksmanship training. The conference agreement adopts, by 
     reference, language included in the House report on inmate 
     correspondence and revises the report due date to February 1, 
     2006. The conference agreement adopts, by reference, language 
     included in the House and Senate reports on sexual abuse. The 
     conference agreement incorporates, by reference, language 
     included in the Senate report concerning interaction with the 
     National Center for Missing and Exploited Children.
       Contract Confinement.--In order to meet bedspace needs in a 
     cost effective manner, the conferees adopt, by reference, 
     language included in the House and Senate reports supporting 
     contracting.
       Cost Comparison.--The conferees request that the Government 
     Accountability Office conduct a review of low and minimum 
     security facilities that compares the following: (1) the 
     costs of housing inmates in Federally-owned prisons; (2) the 
     costs of using State and local prisons and jails obtained 
     through Intergovernmental Agreements; and (3) the costs of 
     using privately-managed facilities. The report shall include 
     all costs associated with operating these facilities.
       Residential Re-entry.--The conference agreement includes an 
     increase of $3,000,000 to expand faith-based re-entry 
     programs to at least three institutions.

                        Buildings and Facilities

       The conference agreement provides $90,112,000 for 
     construction, modernization, maintenance, and repair of 
     prison and detention facilities housing Federal prisoners, 
     instead of $70,112,000 as proposed by the House and 
     $222,112,000 as proposed by the Senate. The conferees 
     understand that the Federal Prison System ended fiscal year 
     2005 with significant carryover balances for maintenance and 
     repair projects; therefore, new funding has been reduced 
     accordingly.
       The conference agreement adopts, by reference, language 
     included in the House and Senate reports expressing concern 
     over prison safety if construction funds are rescinded. The 
     conferees reject the proposed rescission of $314,000,000 of 
     construction balances.
       The conference agreement provides $3,000,000 for site 
     planning and further development of a medium or high security 
     facility or facilities at Yazoo City, MS, $15,000,000 for 
     site planning and further development of another medium or 
     high security facility or facilities in the Aliceville, AL, 
     area, and an additional $5,000,000 for site planning and 
     development of a Federal Correctional Institution in Letcher 
     County, KY.
       The conference agreement adopts, by reference, language in 
     the Senate report concerning projections of the Federal 
     prison population, construction of additional facilities on 
     the site of existing facilities, and housing of geriatric 
     inmates.
       The conferees note that any reallocation of funds within 
     this account, including carryover balances, is subject to 
     section 605 of this Act.

                Federal Prison Industries, Incorporated


                (Limitation on Administrative Expenses)

       The conference agreement includes language regarding a 
     limit on administrative expenses of $3,365,000 for Federal 
     Prison Industries, Incorporated (FPI).

                    Office on Violence Against Women


       Violence Against Women Prevention and Prosecution Programs

       The conference agreement provides $386,502,000 for violence 
     against women prevention and prosecution programs, instead of 
     $389,497,000 as proposed by the House and $371,997,000 as 
     proposed by the Senate. The following table outlines the 
     funding provided in the conference agreement.

       Violence Against Women Prevention and Prosecution Programs

                         (Dollars in thousands)

        Program                                    Conference agreement
STOP Grants....................................................$187,308
  (National Institute of Justice--R&D)..........................(5,100)
  (Safe Start Program).........................................(10,000)
  (Transitional Housing Assistance)............................(15,000)
Grants to Encourage Arrest Policies..............................63,075
Rural Domestic Violence Assistance Grants........................39,166
Violence on College Campuses......................................9,054
Civil Legal Assistance...........................................39,220
Elder Abuse Grant Program.........................................4,540
Safe Haven Project...............................................13,894
Education & Training for Disabled Female Victims..................7,155
CASA (Special Advocates).........................................11,897
Training for Judicial Personnel...................................2,287
Grants for Televised Testimony......................................986
Training Programs.................................................4,958
Stalking Database.................................................2,962
                                                             __________
                                                             
    Total.......................................................386,502

       Native American/Native Alaskan Liaison Office.--The 
     conferees understand that Native American and Native Alaskan 
     women experience a higher rate of violence compared to any 
     other group in the United States. These individuals lack a 
     comprehensive community response to address their needs in 
     breaking the cycle of violence. Last year, a liaison office 
     was created to address this concern. The conference agreement 
     includes $6,700,000 for the Native American/Native Alaskan 
     Liaison Office to continue their work in Alaska, of which 
     $950,000 is for the rural domestic violence prosecution unit; 
     $5,000,000 is for the State of Alaska Sexual Assault/Domestic 
     Violence Program; and $750,000 is for the Victims for Justice 
     in Alaska.

                       Office of Justice Programs


                           Justice Assistance

       The conference agreement provides $233,233,000 for Justice 
     Assistance. The conferees do not adopt the Administration's 
     proposal to consolidate all Office of Justice Programs (OJP) 
     activities under this heading. The following table outlines 
     the funding provided in the conference agreement.

                           Justice Assistance

                         [Dollars in thousands]

        Program                                    Conference agreement
National Institute of Justice...................................$55,000
Bureau of Justice Statistics.....................................35,000
State Automated Victim Notification...............................9,000
Justice for All...................................................2,000
National White Collar Crime.......................................9,000
Regional Information Sharing System..............................40,233
Management and Administration....................................35,000
Missing Children Programs........................................48,000
                                                             __________
                                                             
    Total.......................................................233,233

       National Institute of Justice.--The conference agreement 
     provides $55,000,000 for the National Institute of Justice. 
     This funding supports counterterrorism research 
     and development, the Office of Science and Technology, 
     social science research and evaluation, and the National 
     Law Enforcement and Corrections Technology Centers.
       The conference agreement includes $21,000,000 for the 
     National Law Enforcement and Corrections Technology Centers, 
     which shall be distributed equally among the Centers. Within 
     the amounts provided for the National Institute of Justice 
     (NIJ), $3,000,000 is for the Center for Rural Law Enforcement 
     Technology and Training and $2,800,000 is for the Office of 
     Law Enforcement Technology Commercialization, Inc. The 
     conferees support the Border Research and Technology Center 
     and recognize the important technology assistance and 
     technical information it has provided to Federal, State, and 
     local law enforcement operations in the border region.
       The conference agreement adopts, by reference, language 
     included in the House report requiring a report on the 
     various forensic centers that have received previous grant 
     funding. The due date for the report is modified to January 
     15, 2006.
       The conference agreement adopts, by reference, language 
     included in the Senate report concerning a comprehensive 
     comparison of privately-operated prisons and Federal 
     institutions. The conferees understand that this report is in 
     its final stages and should be delivered within 90 days of 
     enactment of this Act and shall meet the requirement in the 
     Senate report language.
       The conferees are aware of NIJ's efforts to assist local 
     units of government to identify, select, develop, modernize 
     and purchase new technologies, and support NIJ's work to 
     develop less-lethal portable systems for evaluation by local 
     law enforcement and corrections agencies.
       Victim Notification.--The conference agreement includes 
     $9,000,000 for the Bureau of Justice Assistance to continue 
     the State Automated Victim Notification grant program to 
     allow States to join the National Victim Notification 
     Network. No funding may be utilized from within the Victims 
     Assistance Program for this initiative and funds provided 
     under this heading shall require a 50 percent match from 
     State, local, and private sources.
       Justice for All.--The conference agreement includes 
     $2,000,000 for the activities authorized by section 103(b)(4) 
     of the Justice for All Act, Public Law 108-405, for the 
     support of the National Crime Victim Law Institute and its 
     clinic organizations that provide legal counsel and support 
     services for victims in criminal cases for the enforcement of 
     crime victims' rights in Federal jurisdictions.
       Missing Children Programs.--The conference agreement 
     includes $48,000,000 for Missing Children Programs, as 
     follows:

[[Page H9736]]

                       Missing Children Programs

                         [Dollars in thousands]

        Program                                    Conference agreement
National Center for Missing and Exploited Children..............$24,000
Jimmy Ryce Law Enforcement Training Center........................3,000
Internet Crimes Against Children Task Force......................14,500
Missing and Exploited Children Office.............................1,500
AMBER Alert Program...............................................5,000
                                                             __________
                                                             
  Total..........................................................48,000

       Coordination with U.S. Attorneys.--To ensure a viable 
     partnership between Federal, State, and local law enforcement 
     agencies and prosecutors, recipients of Internet Crimes 
     Against Children (ICAC) grants are encouraged to coordinate 
     their investigations and initiatives with the U.S. Attorneys 
     in their communities.
       National Center for Missing and Exploited Children 
     (NCMEC).--The conferees strongly support the NCMEC's 
     nationwide services for the prevention of abduction, 
     endangerment, and sexual exploitation of children. The 
     conferees commend the leadership of NCMEC for their 
     dedication to these issues. The conference agreement adopts, 
     by reference, language included in the House report regarding 
     Internet service providers.
       Management and Administration.--The conference agreement 
     include $35,000,000 for the management and administration of 
     OJP. In addition, consistent with prior practice, 
     reimbursable funding for management and administration costs 
     will be made available from programs administered by OJP from 
     the ``Community Oriented Policing Services'' account. 
     Further, the conferees note that remaining management and 
     administration funding will be made available from the 
     ``Juvenile Justice Programs'' and the ``State and Local Law 
     Enforcement Assistance'' accounts, and that these funds will 
     be transferred to and merged with the ``Justice Assistance'' 
     account.
       The conferees direct that any action taken by OJP relating 
     to the Office of Management and Budget's Circular A-76 shall 
     be subject to the requirements of section 605 of this Act.

               State and Local Law Enforcement Assistance

       The conference agreement provides $1,142,707,000 for this 
     account, instead of $1,069,244,000 as proposed by the House 
     and $1,353,350,000 as proposed by the Senate. The following 
     table outlines the funding provided in the conference 
     agreement.

               State and Local Law Enforcement Assistance

                         [Dollars in thousands]

        Program                                    Conference agreement
Byrne Memorial Justice Assistance Grants.......................$416,478
  (Boys and Girls Clubs).......................................(85,000)
  (National Institute of Justice)..............................(10,000)
State Criminal Alien Assistance.................................405,000
Southwest Border Prosecutor Program..............................30,000
Indian Assistance................................................22,000
  (Tribal Prison Construction Program)..........................(9,000)
  (Indian Tribal Courts Program)................................(8,000)
  (Alcohol and Substance Abuse).................................(5,000)
Byrne Discretionary Grants......................................191,704
Victims of Trafficking Grants....................................10,000
State Prison Drug Treatment......................................10,000
Drug Courts......................................................10,000
Prescription Drug Monitoring......................................7,500
Prison Rape Prevention and Prosecution...........................18,175
Intelligence State and Local Training............................10,000
Missing Alzheimer's Patients........................................850
Capital Litigation................................................1,000
Cannabis Eradication..............................................5,000
Mentally-Ill Offender Act Programs................................5,000
                                                             __________
                                                             
    Total.....................................................1,142,707

       Edward Byrne Memorial Justice Assistance Grants program.--
     The conference agreement includes $416,478,000. The 
     conference agreement is $416,478,000 above the budget 
     request.
       As in fiscal year 2005, this program consolidates the Local 
     Law Enforcement Block Grant program and the Byrne Formula 
     program. Funding under this program is authorized for: (a) 
     law enforcement programs; (b) prosecution and court programs; 
     (c) prevention and education programs; (d) corrections and 
     community corrections programs; (e) drug treatment programs; 
     and (f) planning, evaluation, and technology improvement 
     programs. Funding under this program is not available for: 
     (a) vehicles, vessels, or aircraft; (b) luxury items; (c) 
     real estate; or (d) construction projects.
       The formula used for distributing funds under this program 
     allocates 50 percent of funding based on population, and 50 
     percent based on violent crime rates. The formula allocates 
     60 percent of funding to States and 40 percent to units of 
     local government. Of the amount provided, $85,000,000 is for 
     Boys and Girls Clubs and $10,000,000 is for NIJ to assist 
     local units of government to identify, select, develop, 
     modernize, and purchase new technologies for use by law 
     enforcement.
       Indian Country Grants.--The conference agreement includes 
     $22,000,000 for Indian Country grants. The conferees 
     acknowledge the success that the Comprehensive Indian 
     Resources for Community Law Enforcement (CIRCLE) initiative 
     is having and urges the Department to continue to work on 
     ways to expand CIRCLE. The conference agreement includes 
     $7,000,000 for construction of the Choctaw Justice Center in 
     Mississippi.
       Edward Byrne Discretionary Grants.--The conference 
     agreement includes $191,704,000 for discretionary grants 
     under this account.
       Within the amounts provided, OJP is expected to review the 
     following proposals, provide grants if warranted, and report 
     to the Committees on Appropriations regarding its intentions:

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       Harold Rogers Prescription Drug Monitoring Program.--The 
     conference agreement includes $7,500,000 to assist States in 
     building or enhancing prescription drug monitoring systems, 
     facilitating the exchange of information between States, and 
     providing technical assistance and training on establishing 
     and operating effective prescription drug monitoring 
     programs.
       Prison Rape Prevention and Prosecution.--The conference 
     agreement provides $18,175,000 for implementation of the 
     Prison Rape Elimination Act of 2003 (Public Law 108-79). The 
     conference agreement includes the following: $15,000,000 for 
     the collection of statistics, data and research as authorized 
     by section 4 of the Act; $1,000,000 for the National 
     Institute of Corrections for a national clearinghouse, 
     training and education as authorized by section 5 of the Act; 
     and $2,175,000 to be transferred to the National Prison Rape 
     Elimination Commission. Because of the delay in awarding 
     previous years' funding, no new funds are provided for the 
     grant program authorized by section 6 of the Act. The 
     conferees expect DOJ to award the existing funds as soon as 
     possible.
       Improving State and Local Law Enforcement Intelligence 
     Capabilities.--The conference agreement includes $10,000,000 
     for the implementation of the National Criminal Intelligence 
     Sharing Plan and the efforts of the Global Justice 
     Information Sharing Initiative. The conferees direct this 
     funding to be used to support training for State and local 
     law enforcement on the intelligence process including 
     planning, collection, analysis, dissemination and 
     reevaluation. This program should continue to provide support 
     for training in the use of intelligence as a tool in 
     identifying pre-incident indicators. This training should 
     ensure that law enforcement officials are protecting 
     individuals' privacy, civil rights, civil liberties, and 
     constitutional rights within the intelligence process. The 
     conferees also expect some funding to be available to promote 
     the use of information technology standards among law 
     enforcement to ensure that the data can be exchanged across 
     disparate information systems.
       Mentally-Ill Offenders.--The conferees are concerned about 
     the effects of the criminal justice system on the mentally-
     ill. The conference agreement includes $5,000,000 for 
     programs authorized by the Mentally Ill Offender Act of 2004.


                       Weed and Seed Program Fund

       The conference agreement provides $50,000,000 for the Weed 
     and Seed program as proposed by the House, instead of 
     $50,280,000 as proposed by the Senate.


                  Community Oriented Policing Services

                     (including transfer of funds)

       The conference agreement provides $478,300,000 for 
     Community Oriented Policing Services (COPS) programs, instead 
     of $566,557,000 as proposed by the House and $534,987,000 as 
     proposed by the Senate. The following table outlines the 
     funding provided in the conference agreement.

                  Community Oriented Policing Services

                         [Dollars in thousands]

        Program                                    Conference agreement
Training and Technical Assistance................................$4,000
Tribal Law Enforcement...........................................15,000
Meth Hot Spots...................................................63,590
Law Enforcement Technologies and Interoperable Communications 
  Program.......................................................139,904
Bullet-Proof Vests...............................................30,000
Criminal Records Upgrade.........................................10,000
DNA Initiative..................................................108,531
Paul Coverdell Forensic Science..................................18,500
Crime Identification Technology Act..............................28,775
Gang Violence Program............................................40,000
Project Safe Neighborhoods.......................................15,000
Offender Re-Entry.................................................5,000
                                                             __________
                                                             
    TOTAL.......................................................478,300
       Methamphetamine Enforcement and Clean-Up.--The conference 
     agreement includes $63,580,000 for State and local law 
     enforcement programs to combat methphetamine (meth) 
     production and distribution, to target drug ``hot spots'' and 
     to remove and dispose of hazardous materials at clandestine 
     methamphetamine lab.
       Within the amount provided, the conference agreement 
     include $20,000,000 to reimburse the Drug Enforcement 
     Administration (DEA) for assistance to State and local law 
     enforcement for proper removal and disposal of hazardous 
     materials at clandestine methamphetamine labs and to initiate 
     container programs, including funds for training, technical 
     assistance, and purchase of equipment to adequately remove 
     and store hazardous waste.
       In addition, within the amount provided, the conferees 
     expect the COPS Program Office, in consultation with DEA, to 
     examine each of the following proposals, to provide grants if 
     warranted, and to submit a report to the Committees on 
     Appropriations on its intentions for each proposal:

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       The conferees direct the Partnership for a Drug Free 
     America to focus the efforts of its Methamphetamine Demand 
     Reduction Program on regions adversely impacted by the abuse, 
     production and trafficking of meth, as well as regions likely 
     to experience meth-related problems. When identifying regions 
     to deploy this program, program coordinators shall consider 
     national tracking data systems that monitor the abuse of 
     methamphetamine, such as the Monitoring the Future study; 
     drug-related emergency room admission data; meth lab seizure 
     data; and other national, State and local data sources. The 
     conferees expect the Partnership to work to incorporate the 
     State of Indiana into this program.
       Law Enforcement Technologies and Interoperable 
     Communications Program.--The conference agreement includes 
     $139,904,000 for the COPS Law Enforcement Technologies and 
     Interoperable Communications Programs. Within the funds 
     provided, $10,000,000 is for the COPS program to continue its 
     competitive interoperable communications grant program. The 
     conferees understand the critical need for minimum standards 
     for law enforcement communications equipment and strongly 
     support the standards being designed and implemented by the 
     COPS office, in consultation with the National Institute of 
     Justice's Office of Science and Technology (OS&T), as well as 
     the Bureau of Justice Assistance. Coordination of Federal 
     efforts is critical. Therefore, OS&T should continue to 
     assist COPS in incorporating existing minimum standards into 
     the formulation of this grant program. The conferees have 
     allowed $5,000,000 from prior year deobligated balances to be 
     transferred to NIST to continue the efforts of the Office of 
     Law Enforcement Standards (OLES) towards developing a 
     comprehensive suite of minimum standards for law enforcement 
     communications.
       The inability to apply open standards to communications 
     equipment purchased under the COPS Interoperable 
     Communications Grant Program, as well as other Federal grant 
     programs continues to be of great concern to the conferees. 
     In fiscal year 2005, the conferees directed OLES, working 
     with the National Institute of Justice's CommTech Program and 
     SAFECOM within the Department of Homeland Security (DHS), to 
     consider, in the absence of published Project 25 standards, 
     the issuance of interim standards that could be used to 
     specify the required functionality and testing validation for 
     an Inter-RF-Subsystem Interface (ISSI), Console Interface, 
     and Fixed Station Interface for land mobile radio systems. 
     The conferees direct that within 30 days of the enactment of 
     this Act, OLES shall submit a report to the Committees on 
     Appropriations detailing the process by which interim 
     standards will be identified, as well as a timeline for 
     issuance this fiscal year. The conferees also direct that, 
     within this report, OLES identify a process to ensure that 
     equipment procured using Federal grant dollars complies with 
     the requirements of the identified standard(s). At a minimum, 
     the Office of Interoperability and Compatibility (OIC) within 
     DHS should consider working with NIST and DOJ to require that 
     all grant dollars for interoperable communication be used for 
     Project 25 compliant equipment that meets the requirements of 
     a conformity assessment program.
       Within the amounts provided, the conferees expect the COPS 
     office to examine each of the following proposals, to provide 
     grants if warranted, and to submit a report to the Committees 
     on Appropriations on its intentions for each proposal:

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       Crime Identification Technology Act.--The conference 
     agreement includes $28,775,000 for the Crime Identification 
     Technology Act program. Within the amounts provided, the 
     conferees expect OJP to examine each of the following 
     proposals, to provide grants if warranted, and to submit a 
     report to the Committees on Appropriations on its intentions 
     for each proposal:

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[[Page H9767]]

       Bulletproof Vest Program.--Within the $30,000,000 provided, 
     the conferees expect that funds will be dedicated to OLES at 
     NIST to continue support for the ballistic resistant and stab 
     resistant material compliance testing programs, as well as 
     for other technical support related to public safety weapons 
     and protective systems.
       DNA and Forensics.--The conference agreement includes 
     $108,531,000 for a DNA analysis and capacity enhancement 
     program including eliminating casework backlogs, eliminating 
     offender backlogs, strengthening crime lab capacity, training 
     of the criminal justice community and identifying missing 
     persons. Within the amounts provided, $5,000,000 shall be for 
     OLES to continue working with the COPS office to develop 
     minimum standards for equipment and testing for forensic 
     science labs.
       In addition, the conference agreement provides $18,500,000 
     for Paul Coverdell Forensic Sciences Improvement Grants. 
     Within the amounts provided for Paul Coverdell Forensic 
     Sciences Improvement Grants, $1,500,000 is for the National 
     Academy of Sciences to conduct a study on forensic science, 
     as described in the Senate report.
       Anti-Gang Program.--The conference agreement provides 
     $40,000,000 for a new anti-gang initiative modeled on the 
     Project Safe Neighborhoods program. The conferees appreciate 
     and support the Attorney General's efforts to strengthen 
     Department-wide efforts to combat gang violence and the 
     appointment of an Assistant U.S. Attorney in each judicial 
     district as an anti-gang coordinator to prepare a 
     comprehensive, district-wide strategy (in consultation with 
     partners from Federal and local law enforcement, social 
     services providers, and community and faith-based groups) to 
     coordinate anti-gang activity. The conference agreement 
     includes $40,000,000 for grants to implement these 
     strategies. The funding is intended to support additional 
     enforcement and prevention activities.
       Project Safe Neighborhoods.--The conference agreement 
     provides $15,000,000 for a national program to reduce gun 
     violence. Of the amounts provided, $4,500,000 is for State 
     and local prosecutor training.


                       Juvenile Justice Programs

       The conference agreement includes $342,739,000 for Juvenile 
     Justice Programs, instead of $333,712,000 as proposed by the 
     House and $352,000,000 as proposed by the Senate. The 
     following table outlines the funding provided in the 
     conference agreement:

                       Juvenile Justice Programs

                         [Dollars in thousands]

        Program                                    Conference agreement
Part A--Coordination of Federal Efforts...........................$ 712
Part B--State Formula............................................80,000
Part E--Demonstration Projects..................................106,027
Juvenile Mentoring Program.......................................10,000
  Big Bothers/Big Sisters.......................................(7,000)
Title V--Incentive Grants........................................65,000
  Tribal Youth.................................................(10,000)
  Gang Prevention..............................................(25,000)
  Enforcing Underage Drinking Laws Program.....................(25,000)
Secure Our Schools Act...........................................15,000
Victims of Child Abuse Programs..................................15,000
Juvenile Accountability Block Grant..............................50,000
Project Childsafe.................................................1,000
                                                             __________
                                                             
    Total.......................................................342,739
       Discretionary Grants.--The conference agreement includes 
     $106,027,000 for part E programs. Within the amounts 
     provided, OJP is expected to review the following proposals, 
     provide grants if warranted, and report to the Committees on 
     Appropriations on its intentions:

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       Gang Prevention.--The conference agreement provides 
     $25,000,000, within Title V grants, for OJP to administer a 
     gang resistance and education program, known as GREAT. The 
     GREAT program is a school-based, law enforcement officer-
     instructed classroom curriculum. The program's primary 
     objective is prevention and is intended as an immunization 
     against delinquency, youth violence, and gang membership. The 
     conferees support the work of this program as part of an 
     integrated anti-gang strategy of prevention, enforcement, and 
     interdiction. These funds shall be available to develop 
     comprehensive community strategies to address gangs, 
     including anti-gang education programs and coordination with 
     Federal, State and local law enforcement.
       Victims of Child Abuse Act.--The conference agreement 
     includes $15,000,000 for the various programs authorized 
     under the Victims of Child Abuse Act (VOCA). The conference 
     agreement provides the following:
       $3,000,000 for Regional Children's Advocacy Centers, as 
     authorized by section 213 of VOCA;
       $9,500,000 for local Children's Advocacy Centers, as 
     authorized by section 214 of VOCA;
       $250,000 for the National Children's Advocacy Center in 
     Huntsville, AL, to implement a training program;
       $850,000 for the National Children's Alliance for technical 
     assistance and training, as authorized by section 214a of 
     VOCA; and
       $1,400,000 for the National Center for Prosecution of Child 
     Abuse for specialized technical assistance and training 
     programs to improve the prosecution of child abuse cases, as 
     authorized by section 214a of VOCA.


                    public safety officers benefits

       The conference agreement includes $72,948,000 for this 
     account, including $64,000,000 for death benefits, $4,884,000 
     for disability benefits, and $4,064,000 for education 
     benefits.


               general provisions--department of justice

       The conference agreement includes the following general 
     provisions for the Department of Justice:
       Section 101 provides language making up to $60,000 of the 
     funds appropriated to the Department of Justice available to 
     the Attorney General for reception and representation 
     expenses.
       Section 102 provides language, included in prior 
     Appropriations Acts, which prohibits the use of funds to 
     perform abortions in the Federal Prison System.
       Section 103 provides language, included in previous 
     Appropriations Acts, which prohibits use of the funds in this 
     bill to require any person to perform, or facilitate the 
     performance of, an abortion.
       Section 104 provides language, included in previous 
     Appropriations Acts, which states that nothing in the 
     previous section removes the obligation of the Director of 
     the Bureau of Prisons to provide escort services to female 
     inmates who seek to obtain abortions outside a Federal 
     facility.
       Section 105 provides language allowing the Department of 
     Justice, subject to the Committees' reprogramming procedures, 
     to transfer up to 5 percent between any appropriation, but 
     limits to 10 percent the amount that can be transferred into 
     any one appropriation. The provision also prohibits transfers 
     of funds from the Federal Prison Systems, Buildings and 
     Facilities account unless the President certifies that such a 
     transfer is necessary to the national security interests of 
     the United States, and such authority shall not be delegated, 
     and shall be subject to section 605 of this Act.
       Section 106 provides for the extension of the Personnel 
     Management Demonstration Project for the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives.
       Section 107 provides authority for the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives to use confiscated funds 
     during undercover operations.
       Section 108 limits the placement of maximum or high 
     security prisoners to appropriately secure facilities.
       Section 109 restricts Federal prisoner access to certain 
     amenities.
       Section 110 provides for the establishment of an investment 
     review board led by the Deputy Attorney General.
       Section 111 enhances the ability of the Federal Bureau of 
     Investigation and the Drug Enforcement Administration to 
     recruit qualified candidates for critical positions, as 
     proposed by the Senate.
       Section 112 provides for the establishment of a 
     methamphetamine task force.
       Section 113 contains changes regarding the Prison Rape 
     Elimination Act of 2003.
       Section 114 directs the Attorney General to waive the 
     matching requirements for the purchase of bulletproof vests. 
     The conferees intend for law enforcement agencies to replace 
     Zylon-based bulletproof vests with vests of comparable value.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  TRADE AND INFRASTRUCTURE DEVELOPMENT

                            RELATED AGENCIES

            Office of the United States Trade Representative


                         salaries and expenses

       The conference agreement includes $44,779,000 for the 
     Office of the United States Trade Representative (USTR) as 
     proposed by the House, instead of $40,997,000 as proposed by 
     the Senate.
       The conference agreement includes, by reference, language 
     in the House report regarding China and World Trade 
     Organization (WTO) compliance, Chinese intellectual property 
     violations, the submission of a spending plan and obligation 
     reports, a report on using outside counsel, and international 
     standards.
       The conferees note that the fiscal year 2005 Act included 
     direction to create the position of Chief Negotiator for 
     Intellectual Property Enforcement. The conferees direct the 
     USTR to report on the impact of this position no later than 
     February 3, 2006.
       The conference agreement includes bill language, and adopts 
     by reference report language, as proposed by the Senate, 
     regarding negotiations within the WTO.

                     International Trade Commission


                         salaries and expenses

       The conference agreement includes $62,752,000 as proposed 
     by the House and Senate for the International Trade 
     Commission (ITC). The conferees note that the ITC submitted a 
     revised budget estimate subsequent to the President's budget 
     request, which included a reduced requirement for fiscal year 
     2006. The conference agreement fully funds this revised 
     budget estimate. The conference agreement includes, by 
     reference, language in the House report regarding the 
     submission of a spending plan and obligation reports.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     operations and administration

       The conference agreement includes $406,925,000 in total 
     resources for the programs of the International Trade 
     Administration (ITA) as proposed by the House, instead of 
     $404,625,000 as proposed by the Senate. Of this total, 
     $8,000,000 is to be derived from fee collections as proposed 
     by the Senate, instead of $13,000,000 as proposed by the 
     House. The conference agreement makes funding available for 
     two fiscal years.
       The conference agreement includes bill language designating 
     the amounts available for each unit within ITA. The conferees 
     remind ITA that any deviation from the funding distribution 
     provided in the bill and report, including carryover 
     balances, is subject to reprogramming procedures set forth in 
     section 605 of this Act. In addition, ITA is directed to 
     submit to the Committees on Appropriations, not later than 60 
     days after the enactment of this Act, a spending plan for all 
     ITA units that incorporates any carryover balances from prior 
     fiscal years.
       The conference agreement includes bill language, and adopts 
     by reference report language, as proposed by the Senate, 
     regarding negotiations within the World Trade Organization.
       Within the funding provided, the conference agreement 
     includes $13,000,000 for the National Textile Centers, 
     $3,500,000 for Textile/Clothing Technology Corporation, 
     $500,000 for the continuation of the international 
     competitiveness program, $500,000 for the Textile Marking 
     System, and $1,500,000 for Auburn University for advanced 
     research and development of novel polymetrics. The conference 
     agreement also includes $1,000,000 for the Rural Export 
     Initiative.
       The conference agreement includes language designating 
     $3,000,000 for the Office of China Compliance, as proposed in 
     the House bill, and includes, by reference, language in the 
     House report on this office. The conferees direct ITA to 
     submit a report to the Committees no later than January 1, 
     2006, describing the resources, accomplishments, and fiscal 
     year 2006 workplan for the office.
       The conference agreement adopts, by reference, language in 
     the House report regarding Capital Security Cost Sharing, 
     USIPO offices in Beijing and Moscow, China and Middle East 
     Business Centers, establishing programs on intellectual 
     property, and documenting cases of intellectual property 
     infringement. The conference agreement adopts, by reference, 
     language in the Senate report regarding the Appalachian-
     Turkish Trade Project and BISNIS.
       The conferees wish to reaffirm that drawback adjustments in 
     antidumping cases are to be granted by the Department of 
     Commerce only to the extent necessary to offset import duties 
     that are paid on inputs used in the production of merchandise 
     sold in the home market. The conferees understand that the 
     Department is currently reviewing the existing policy and has 
     published a request for comments in the Federal Register. The 
     conferees expect the Department to ensure that current rules 
     are adhered to until a new policy is established.

                    Bureau of Industry and Security


                     operations and administration

       The conference agreement provides a total operating level 
     of $76,000,000 for the Bureau of Industry and Security 
     instead of $77,000,000 as proposed by the House and Senate.
       The conference agreement adopts, by reference, House report 
     language containing program guidance. The conferees have 
     provided $14,767,000 for inspection and other activities 
     related to national security as proposed by the House instead 
     of $7,200,000 as proposed by the Senate.

                  Economic Development Administration


                economic development assistance programs

       The conference agreement provides $253,985,000 for Economic 
     Development Assistance Programs instead of $200,985,000 as

[[Page H9779]]

     proposed by the House and $483,985,000 as proposed by the 
     Senate. The distribution of these funds is as follows: 
     $160,381,000 for Public Works Grants, $27,000,000 for 
     Planning Assistance, $13,000,000 for Trade Adjustment 
     Assistance, $44,794,000 for Economic Adjustment Grants, 
     $8,322,000 for Technical Assistance, and $488,000 for 
     Research. The conference agreement does not include 
     $200,000,000 as an emergency requirement as proposed by the 
     Senate.
       The conference agreement adopts, by reference, House report 
     language concerning coal industry downturns, assistance to 
     applicants for planning, and targeting the most severely 
     distressed communities. The conference agreement adopts, by 
     reference, Senate report language concerning rightsizing, and 
     assisting communities impacted by economic dislocations.
       The conference agreement does not adopt Senate language 
     prohibiting the implementation of EDA's interim rule 
     published in the Federal Register on August 11, 2005. The 
     conferees understand that based on extensive public comment 
     between EDA and its stakeholders a compromise has been 
     reached on the implementation of these regulations. Based on 
     this compromise, the conferees direct EDA to make the 
     following revisions to its Interim Final Rule (``IFR'') 
     published on August 11, 2005 (70 FR 47002) in publishing a 
     Final Rule. All section references below refer to the IFR. 
     All capitalized terms have the meanings ascribed to them in 
     the IFR.
       District Organizations: Operations.--The conferees direct 
     EDA to redraft Section 304.2(d) to clarify that the District 
     Organization: (a) shall engage in the full range of economic 
     development activities (e.g., coordination, implementation, 
     research, advisory functions) necessary to develop, maintain, 
     revise and implement its EDA-approved CEDS; and (b) may, in 
     its discretion (i.e., shall not be obligated to), outsource 
     these activities via a contract for services.
       District Organizations: Formational Requirements.--
       The conferees direct EDA to:
       (a) Redraft Section 304.2(c)(2) to clarify that a District 
     Organization's governing body must include at least one (1) 
     Private Sector Representative, together with one (1) or more 
     representatives of institutions of post-secondary education, 
     workforce development groups, labor groups and Executive 
     Directors of Chambers of Commerce, all of which must comprise 
     in the aggregate a minimum of 35% of the District 
     Organization's governing body;
       (b) Redraft Section 304.2(c)(2) to clarify that the 
     District Organization's governing body shall also have at 
     least a simple majority of its membership who are elected 
     officials and/or employees of a general purpose unit of local 
     government who have been appointed to represent the 
     government;
       (c) Provide for a non-delegable waiver by the Assistant 
     Secretary of the Private Sector Representative requirement 
     upon a District Organization's showing of its inability to 
     locate a Private Sector Representative to serve on its 
     governing body following extensive due diligence; and
       (d) Expand the definition of ``Private Sector 
     Representative'' in Section 300.3 to include a designee of 
     any senior management official or executive holding a key 
     decision-making position in any for-profit enterprise.
       District Termination.--The conferees direct EDA to add a 
     provision to Section 304.3 to clarify that prior to 
     terminating a District's designation (as an Economic 
     Development District) based upon failure to execute its CEDS, 
     EDA will: (a) consult with the District Organization; and (b) 
     consider all facts and circumstances surrounding the District 
     Organization's operations. EDA will clarify that it will not 
     terminate a District's designation owing to circumstances 
     beyond the control of the District Organization (e.g., 
     natural disasters, plant closures, overall economic downturn, 
     other sudden and severe economic dislocations, or other 
     circumstances).
       Performance Awards.--The conferees direct EDA to redraft 
     Section 308.2 to better track Section 215 of PWEDA. 
     Specifically, the provision will (a) eliminate the 
     requirement that project performance be ``exceptional'' and 
     (b) consistent with Section 215 of PWEDA, require that 
     Project performance ``meets or exceeds'' performance goals. 
     EDA will set forth in an annual Federal Funding Opportunity 
     the requirements, qualifications, guidelines and procedures 
     for performance awards, subject to the availability of funds.
       Investment Rates for Planning Investments.--The conferees 
     direct EDA to add a new subsection to Section 301.4 
     containing the following provisions:
       (e) All Planning Investments will receive a minimum 
     Investment Rate of 50%;
       (f) Except as otherwise provided in Section 204(c) of 
     PWEDA, the maximum allowable Investment Rate for Planning 
     Investments shall be the maximum allowable Investment Rate 
     set forth in Table 1 of Section 301.4 for the most 
     economically distressed county or other equivalent political 
     unit (e.g., parish) within the Region;
       (g) The maximum allowable Investment Rate will not exceed 
     eighty (80) percent; and
       (h) In compelling circumstances, the Assistant Secretary 
     may waive the requirement in paragraph (b) above. The 
     Assistant Secretary shall not delegate the authority to grant 
     this waiver.
       Maximum Allowable Investment Rates Table 1.--EDA will 
     revise Table 1 in Section 301.4 to show that projects located 
     in Regions demonstrating a 24-month unemployment rate at 
     least one percent (1%) greater than the national average or 
     per capita income not more than 80% of the national average 
     shall be eligible to receive a maximum allowable Investment 
     Rate of 50%.
       The conferees are aware of several proposals for economic 
     development and urge EDA to consider the proposals as 
     follows:
       The Gateway Economic Development District's business 
     creation and expansion program for Broadwater, Lewis and 
     Clark, and Meagher Counties, MT; the Mississippi Blues Delta 
     Quarter; the Development Projects, Inc., in Dayton, OH, Tech 
     Town; the expansion of Penn Eagle Industrial Park, PA; the 
     Ogontz Avenue Revitalization Corporation for a neighborhood 
     redevelopment project in Philadelphia, PA; Rural Enterprises 
     of Oklahoma to expand the International Trade Assistance 
     Center; Oklahoma State University Rural Product Manufacturers 
     for the New Product Development and Commercialization Center; 
     the Phase III implementation of the Manufacturing Training 
     and Technology Center clean room at the University of New 
     Mexico; the Mescalero Apache Tribe fish hatchery 
     rehabilitation project in New Mexico; Jackson State 
     University for the Lynch Street Corridor Redevelopment; 
     Prentiss County, MS, for the Wheeler Water and Sewer Project; 
     the Lauderdale County, MS, Economic Development District; and 
     the Mid-Delta Empowerment Zone ``Supersite'' Industrial Park; 
     the Rutgers Camden Business Incubator in Camden, New Jersey; 
     the Hawaii Capital Cultural District on the Island of Oahu; 
     the Brooklyn Goes Global program in New York; National 
     Association of Latino Arts and Culture in San Antonio, Texas; 
     and the Garde Arts Center in New London, Connecticut.


                         salaries and expenses

       The conference agreement provides $30,075,000 for Salaries 
     and Expenses instead of $26,584,000 as proposed by the House 
     and $40,939,000 as proposed by the Senate. The conference 
     agreement does not include $10,000,000 as an emergency 
     requirement as proposed by the Senate.

                  Minority Business Development Agency


                     Minority Business Development

       The conference agreement provides $30,024,000 for the 
     Minority Business Development Agency (MBDA) as proposed by 
     the House instead of $30,727,000 as proposed by the Senate. 
     Should additional funds become available, the conferees urge 
     the MBDA to provide funds for the expansion of the Asian 
     American and Pacific Island Commission.

                Economic and Information Infrastructure

                   Economic and Statistical Analysis


                         Salaries and Expenses

       The conference agreement provides $80,304,000 for this 
     account, as proposed by the House, instead of $81,283,000 as 
     proposed by the Senate.

                          Bureau of the Census

       The conference agreement includes a total operating level 
     of $812,237,000 for the Bureau of the Census, as proposed by 
     the House, instead of $727,385,000 as proposed by the Senate. 
     The conferees direct the Bureau to submit a financial 
     operating plan within 60 days of enactment of this Act 
     outlining the allocation of funding provided by this Act. The 
     operating plan shall address the Bureau's highest priority 
     needs such as Re-engineered Design Process for the Short-Form 
     Only Census, the American Community Survey (ACS), the Master 
     Address File/Topologically Integrated Geographic Encoding and 
     Referencing (MAF/TIGER) system, and necessary furniture and 
     relocation costs associated with the Bureau's new facility.


                         Salaries and Expenses

       The conference agreement provides $198,029,000 for this 
     account, as proposed by the House, instead of $183,029,000 as 
     proposed by the Senate.
       The conferees direct the Bureau to continue to streamline 
     and prioritize programs to ensure the highest priority core 
     activities are supported. The conferees expect the Bureau to 
     be fully reimbursed for any non-core survey conducted for any 
     other Federal agency or private organization.
       The conferees expect that key reports on manufacturing, 
     general economic and foreign trade statistics will be 
     maintained and issued on a timely basis.
       The Bureau is directed to include socks in its quarterly 
     Current Industrial Reports on Apparel, and to produce a one-
     time annual report for 2005 domestic sock production. The 
     conference agreement includes sufficient funding for the 
     Manufacturing and Construction Statistics Division for this 
     purpose.
       The conference agreement adopts, by reference, the House 
     report language regarding the production of monthly Export-
     Import and Trade Balance statistics on a North American 
     Industry Classification System basis, and the Advanced 
     Technology Trade Imports, Exports, and Net Balance by 
     Country. In addition, the conference agreement adopts, by 
     reference, the House report language regarding the 
     presentation of the U.S. Trade in Advanced Technology 
     Products.
       The conferees direct the Bureau to undertake a study on 
     using prisoners' permanent homes of record, as opposed to 
     their incarceration sites, when determining their residences. 
     The Bureau should report back to the Committees on 
     Appropriations on its findings within 90 days of enactment of 
     this Act.


                     Periodic Censuses and Programs

       The conference agreement provides $614,208,000 for this 
     account, as proposed by

[[Page H9780]]

     the House, instead of $544,356,000 as proposed by the Senate. 
     The conference agreement includes $453,596,000 for expenses 
     related to the 2010 decennial census and $160,612,000 for 
     expenses to collect and publish statistics for other periodic 
     censuses and programs.
       Within the level of funds provided, the Bureau shall fully 
     fund the budget request for ACS and MAF/TIGER in the 
     submission of its financial operating plan.
       The conferees encourage the Bureau to continue its efforts 
     to minimize the number of personal visits for non-response 
     follow-up for Census programs. This activity is very costly 
     and if response rates through other means can be increased, 
     it will provide substantial cost savings in both the ongoing 
     ACS and the 2010 Census.
       The conferees expect the ACS methods panel to ensure a more 
     comprehensive and streamlined approach to multiple data 
     collection techniques and to ensure that any change in the 
     language of survey questions will maximize clarity in order 
     to elicit correct responses.
       The conferees direct the Bureau to continue to submit 
     quarterly reports, in cooperation with the General Services 
     Administration (GSA), regarding the expenditure of funds and 
     the project planning, design and cost decisions for the 
     Suitland Federal Center.
       No funds appropriated to the Bureau shall be available for 
     construction and build-out costs that are the responsibility 
     of the GSA.
       MAF/TIGER.--The conferees direct the Secretary of Commerce 
     to take all available measures to reduce the requirement of 
     payment for information currently available from certain 
     State and local governments. Further, the conferees direct 
     the Secretary of Commerce to work with other Departments to 
     gain access to currently available aerial photography. 
     Further, the Secretary is directed to utilize global 
     positioning system technology and aerial photography to 
     update existing information only if these measures are shown 
     to be a more cost effective alternative.
       Subgroup Enumeration.--The conferees commend the efforts of 
     the Bureau to work with interested parties to ensure that 
     necessary measures will be taken to ensure accuracy in 
     enumerating Hispanic subgroups.
       The conferees appreciate the efforts of the Bureau to 
     consider new options for reporting data reflecting all 
     citizens of the United States, including Puerto Rico.
       Bill language is continued, as proposed by the House, 
     regarding changes to the race category for collection and 
     dissemination purposes.

       National Telecommunications and Information Administration

       The conference agreement includes a total of $40,068,000 
     for the National Telecommunications and Information 
     Administration (NTIA), instead of $19,716,000 as proposed by 
     the House and $62,255,000 as proposed by the Senate.


                         SALARIES AND EXPENSES

       The conference agreement includes $18,068,000 for the 
     Salaries and Expenses appropriation of the NTIA, instead of 
     $17,716,000 as proposed by the House, and $20,255,000 as 
     proposed by the Senate.
       As in previous years, the conference agreement includes 
     language allowing the Secretary of Commerce to collect 
     reimbursements from other Federal agencies to offset a 
     portion of the cost of coordination of spectrum management, 
     analysis, and operations. The conferees expect the NTIA to 
     aggressively pursue all opportunities for reimbursement, 
     deobligations, and use of non-appropriated resources, to 
     maximize the operating level for NTIA's mission purposes. The 
     conferees support the requested increases for NTIA and will 
     consider a reprogramming of resources should additional 
     funding become available, subject to section 605 of this Act.


                 PUBLIC TELECOMMUNICATIONS FACILITIES,

                       PLANNING AND CONSTRUCTION

       The conference agreement includes $22,000,000, as proposed 
     by the Senate, instead of $2,000,000 as proposed by the 
     House.

               United States Patent and Trademark Office


                         SALARIES AND EXPENSES

       The conference agreement includes $1,683,086,000 for the 
     United States Patent and Trademark Office (USPTO) for fiscal 
     year 2006. This amount is $20,214,000 below the amounts 
     proposed by both the Senate and the House due to a 
     notification from the USPTO of a revised fee collection 
     estimate.
       In an October 18, 2005 letter to the Committees on 
     Appropriations, the USPTO provided re-estimates of fee 
     collections and staffing levels for fiscal year 2006. The 
     conferees have taken this information into account and have 
     provided appropriations commensurate with the USPTO's 
     projected fee collections.
       The conferees note their disappointment with the USPTO's 
     inability to adhere to Public Law 108-447, which mandated 
     staffing levels for patent and trademark examiners. The USPTO 
     must continue to focus on hiring additional patent and 
     trademark examiners in order to reduce patent and trademark 
     pendency. The conference agreement therefore includes 
     language designating full-time equivalents, positions, and 
     funding for certain functions and requires that any deviation 
     from those designations must be in accordance with section 
     605 of the Act. Furthermore, the conferees remind the USPTO 
     that any change from the funding distribution provided in the 
     bill and the Statement of Managers, including carryover 
     balances, is subject to the reprogramming procedures set 
     forth in section 605 of this Act.
       The conference agreement adopts, by reference, language 
     included in the House report regarding the National 
     Inventor's Hall of Fame and Inventure Place, the 
     International Intellectual Property Institute, the University 
     of Central Florida, a training facility, and telework.
       The conference agreement adopts, by reference, language 
     included in the Senate report requiring a report on the 
     USPTO's efforts to implement the recommendations of the June 
     2004 Inspector General report. The report shall be submitted 
     by January 15, 2006.
       The conferees are concerned about protecting the 
     intellectual property rights of American inventors and urge 
     the USPTO to take immediate steps to prevent pirating and 
     counterfeiting by foreign entities. The USPTO shall report to 
     the Committees on Appropriations on its efforts by March 15, 
     2006.
       In addition, USPTO is directed to submit to the Committees 
     on Appropriations, not later than three months after the 
     enactment of this Act, a spending plan, which incorporates 
     any carryover balances from previous fiscal years and any 
     changes to the patent or trademark fee structure.

                         Science and Technology

                       Technology Administration


                         Salaries and Expenses

       The conference agreement includes $6,000,000 for necessary 
     expenses of the Under Secretary for Technology Policy and the 
     Office of Technology Policy, instead of $6,460,000 as 
     proposed by the House. The Senate included funding for these 
     expenses under the Departmental Management account.

             National Institute of Standards and Technology

       The conference agreement includes $761,767,000 for the 
     National Institute of Standards and Technology (NIST), 
     instead of $548,744,000 as proposed by the House, and 
     $844,500,000 as proposed by the Senate.


             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

       The conference agreement includes $399,869,000 for the 
     Scientific and Technical Research and Services (core 
     programs) of the NIST, as proposed by the Senate, instead of 
     $397,744,000 as proposed by the House. Of the funds made 
     available, $1,300,000 is provided for transfer to the NIST 
     Working Capital Fund.

                         [Dollars in thousands]

                                                   Conference agreement
Electronics and Electrical Engineering..........................$50,171
Manufacturing Engineering........................................22,132
Chemical Science and Technology..................................44,651
Physics..........................................................42,148
Materials Science and Engineering................................33,064
Building and Fire Research.......................................22,030
Computer Science and Applied Mathematics.........................64,572
Standards and Technology Services................................15,926
National Research Facilities.....................................37,434
National Quality Program..........................................7,081
Research Support Activities......................................60,660
                                                             __________
                                                             
    Total, STRS.................................................399,869
       The conference agreement includes, by reference, language 
     in the Senate report regarding the Office of Law Enforcement 
     Standards. The conference agreement also includes, by 
     reference, language in the House report regarding the 
     National Earthquake Hazards Reduction Program, and 
     international standards negotiations.
       Within the funding for Research Support Activities, the 
     conference agreement continues funding of $2,400,000 for a 
     telework project and $6,500,000 for a critical infrastructure 
     program, both of which received similar funding in previous 
     fiscal years. The conference agreement also includes 
     $1,027,000 for the For Inspiration and Recognition of Science 
     and Technology Program, $1,503,000 for the Nanoparticle 
     Risk Impact and Assessment Program, and $612,000 for the 
     Operation Safe Commerce Program. Finally, the amount for 
     Research Support Activities includes $4,864,000 for high 
     priority requested program increases, such as the National 
     Nanomanufacturing and Nanometrology Facility, biosystems 
     and health, and quantum processing initiatives.


                     Industrial Technology Services

       The conference agreement includes $186,000,000 for 
     Industrial Technology Services, instead of $106,000,000 as 
     proposed by the House, and $246,000,000 as proposed by the 
     Senate.
       Hollings Manufacturing Extension Partnership (MEP).--The 
     conference agreement includes $106,000,000 for MEP, as 
     proposed by both the House and the Senate. The conference 
     agreement adopts, by reference, language in the House report 
     regarding the requirements for applicants seeking assistance.
       Advanced Technology Program.--The conference agreement 
     includes $80,000,000 for the Advanced Technology Program, 
     instead of $140,000,000 as proposed by the Senate and no 
     funding as proposed by the House. The conference agreement 
     does not adopt bill language providing specific funding for 
     new awards as proposed by the Senate.

[[Page H9781]]

                  CONSTRUCTION OF RESEARCH FACILITIES

       The conference agreement includes $175,898,000 for 
     construction of research facilities, instead of $45,000,000 
     as proposed by the House and $198,631,000 as proposed by the 
     Senate.
       The conference agreement includes $48,898,000 for 
     maintenance, repair, construction and major renovations of 
     the NIST campuses at Boulder, CO, and Gaithersburg, MD. The 
     conferees provide $35,498,000 for safety, capacity, 
     maintenance, and major repairs, including not less than 
     $5,000,000 for Advanced Measurement Lab maintenance; 
     $9,400,000 for central utility plant upgrades for the 
     Boulder, CO campus; and $4,000,000 for the NIST North 
     relocation and remediation project. The balance of funds 
     under this heading is allocated to activities specified in 
     section 207.

            National Oceanic and Atmospheric Administration

       The conference agreement includes a total of $3,946,000,000 
     for the National Oceanic and Atmospheric Administration 
     (NOAA), instead of $3,379,000,000 as proposed by the House 
     and $4,476,000,000 as proposed by the Senate.
       NOAA is the Nation's lead civilian agency in science, 
     service, and stewardship for the Earth's oceans and 
     atmosphere. The agency's mission was recently highlighted by 
     two major national commissions: The Congressionally mandated 
     and Presidentially appointed United States Commission on 
     Ocean Policy and the privately funded Pew Oceans Commission. 
     Together these commissions conducted the most comprehensive 
     reviews of ocean policy and programs in over 35 years. The 
     conferees note that the chairmen of the two commissions have 
     formed the Joint Ocean Commission Initiative to encourage 
     implementation of recommendations common to both commission 
     reports. The conferees support NOAA's science and education 
     programs, which were strongly endorsed in the commission 
     reports. To that end, the conference agreement adopts, by 
     reference, language in the Senate report regarding a 
     reporting requirement for Ocean Commission-endorsed programs.


                  OPERATIONS, RESEARCH, AND FACILITIES

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement includes total direct obligations 
     of $2,833,222,000, instead of $2,493,000,000 as proposed by 
     the House and $3,264,983,000 as proposed by the Senate. Of 
     the amount provided, $67,000,000 is from balances in the 
     account entitled, ``Promote and Develop Fishery Products and 
     Research Pertaining to American Fisheries'', and $3,000,000 
     is from the Coastal Zone Management Fund. The net 
     appropriation from the General Fund is $2,763,222,000.
       Language is included prohibiting any general administrative 
     charge against an assigned activity in this Act or the 
     accompanying report. Language is also included capping the 
     amount provided for corporate services administrative support 
     at $179,036,000, and capping the amount available to the 
     Department of Commerce Working Capital Fund at $34,000,000.
       The conference agreement stipulates that any deviation from 
     the amounts designated for specific activities in the report 
     accompanying this Act shall be subject to the procedures set 
     forth in section 605 of this Act.
       The conference agreement includes language making 
     $2,000,000 available for subsidy costs of certain fisheries 
     loans.
       The following table identifies the activities, sub-
     activities, and projects funded in this appropriation:

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[[Page H9794]]

                         national ocean service

       The conference agreement includes a total of $500,031,000 
     for activities of the National Ocean Service (NOS). The 
     conference agreement adopts, by reference, language in the 
     House report on the hydrographic survey backlog, on Vieques 
     Island, PR, and on the strategy for the use of private 
     mapping services.
       Within the amount provided for Pribilof Islands Cleanup and 
     Economic Development, the conferees agree that no more than 
     $2,000,000 shall be available for economic development 
     activities. The conferees are encouraged by recent efforts by 
     regional ocean observing programs to establish a federation 
     and seek competitive funding. The conferees expect that the 
     creation of such a program will expedite the integration of 
     these regional systems into a system of systems, which is 
     fundamental to the broader concept of the Integrated Ocean 
     Observing System.
       Of the funds provided for the Coastal Services Center, 
     $3,000,000 is provided for Mississippi Digital Earth.
       The conference agreement includes $1,000,000 for a White 
     Water to Blue Water Ecosystem initiative in the Gulf of 
     Maine.
       Of the funds provided for the Center for Coastal 
     Environmental Health & Biomolecular Research, funding is 
     provided for high salinity studies if warranted.


                   national marine fisheries service

       The conference agreement includes $678,469,000 for the 
     operations of the National Marine Fisheries Service (NMFS).
       The conference agreement adopts, by reference, language in 
     the House report regarding implementation of a West Coast in-
     season harvest data collection system, and a report on 
     certain prior year balances.
       The conferees agree that funding provided for Shedd in 
     fiscal years 2005 and 2006 shall be for Shedd's Center for 
     the Great Lakes, for conservation education activities, 
     including exhibits, programming and community-based outreach.
       The conference agreement adopts, by reference, language in 
     the Senate report regarding by-catch reduction, Columbia 
     River Hatcheries, and Hawaiian Hatcheries.
       The conference agreement provides for the AK Composite 
     Research and Development Program for Alaska Fisheries and 
     Marine Mammals. Alaska's commercial fishing industry is a 
     primary employer, providing 47 percent of private sector 
     jobs, and is second only to the oil industry in generating 
     revenue to the State. Two of the Nation's top three fishing 
     ports, in terms of highest dollar value for commercial 
     landings, are in Alaska. In 2003, Dutch Harbor-Unalaska moved 
     the most fish of any port--908.7 million pounds for a total 
     dollar value of $156,900,000. Kodiak, Alaska, was not far 
     behind generating $81,500,000 for 262.9 million pounds of 
     fish landed.
       The amount and dollar value of fishery resources taken from 
     the waters off Alaska are only half the story. The science, 
     research, and management of these living marine resources 
     provide for sustainable and abundance-based harvests. The 
     North Pacific has no fisheries listed as endangered, in part 
     due to the constant monitoring and research that this funding 
     provides. Alaska's fisheries management requires data and 
     research on over 900,000 square miles of ocean within the 
     Exclusive Economic Zone off Alaska's coast. These funds are 
     critical to provide data collection, analysis and further 
     resource development of these fisheries in order to provide 
     continued economic opportunity for the State of Alaska and 
     its numerous coastal communities. NOAA is directed to provide 
     the Committees with a spending plan for the funds provided 
     under the AK Composite Research and Development Program no 
     later than 30 days after the date of enactment of this Act.


                    oceanic and atmospheric research

       The conference agreement includes $373,313,000 for the 
     Oceanic and Atmospheric Research (OAR) line office.
       Within the amount provided for Climate Observations and 
     Services, the conference agreement includes $68,500,000 for 
     the Climate and Global Change program.
       The conference agreement adopts, by reference, language in 
     the House report on planning activities related to the 
     International Polar Year.
       The conference agreement includes, by reference, language 
     in the Senate report regarding the establishment of a new 
     joint institute and the National Sea Grant Program.
       The conference agreement includes funding for Urbanet, a 
     partnership with an existing national network of weather 
     stations that is centrally managed with uniform 
     instrumentation, in order to validate the benefits of 
     integrating such technologies into weather and all hazards 
     management.
       Of the funds made available for the National Undersea 
     Research Program (NURP), $1,125,000 is provided for the NURP 
     Center in Alaska and $3,125,000 is provided for the NURP 
     Center in Hawaii.
       Of the funds made available for Arctic Research under the 
     ``Ocean, Coastal, and Great Lakes'' sub-heading, $2,000,000 
     is provided for the International Arctic Research Center.


                        national weather service

       The conference agreement includes $745,250,000 for the 
     operations of the National Weather Service (NWS).
       The conference agreement adopts, by reference, language in 
     the House report regarding weather radio coverage in certain 
     locations, a tsunami warning network in the Caribbean/Gulf of 
     Mexico, and air quality forecasting in the Shenandoah Valley.
       The conference agreement incorporates, by reference, 
     language in the Senate report regarding the Susquehanna Flood 
     Forecast and Warning System, tsunami modeling, and the 
     weather radar and office in Williston, ND.
       The conferees remain concerned about the expenditure of 
     funds for single purpose observing systems and encourage NOAA 
     to maximize efficiencies by developing multi-purpose 
     observing systems.
       The conference agreement provides $6,100,000 to strengthen 
     the U.S. Tsunami Warning Network, including $1,000,000 for 
     re-engineering and design of tsunami detection buoys at the 
     National Data Buoy Center, $500,000 for next generation buoy 
     research, $500,000 for tsunami warning sirens in the State of 
     Washington and $500,000 for tsunami-readiness efforts, 
     including warning sirens in the State of Oregon, focused on 
     high-risk communities such as Seaside, OR.
       Of the amounts made available for the National Data Buoy 
     Center, funding is included for the operation and maintenance 
     of the Alaskan buoys, the hurricane buoys, and the conversion 
     of weather buoys.
       The conference agreement provides an increase of not less 
     than $500,000 for the National Hurricane Center for four new 
     hurricane forecasters.
       The conferees direct that no funds shall be used to 
     implement a plan to consolidaste, rationalize, or reduce 
     service hours at weather service forecast offices.


    national environmental satellite, data, and information service

       The conference agreement includes $179,337,000 for the 
     operational and research and development programs of the 
     National Environmental Satellite, Data, and Information 
     Service (NESDIS).
       Of the $2,800,000 provided for the National Climatic Data 
     Center, $2,500,000 is to continue the GOES Data Archive 
     Project and $300,000 is to develop a detailed strategy for 
     prototyping data grids.


                            program support

       The conference agreement includes $356,422,000 for Program 
     Support.
       The conference agreement adopts, by reference, language in 
     the House report regarding a spending plan for all NOAA 
     education programs.
       The conference agreement includes funding for the Office of 
     General Counsel in the amount provided for Corporate 
     Services.
       The conferees are concerned that funding provided to 
     address NOAA's maintenance and facilities needs in recent 
     years has been redirected toward the hiring of staff. Many of 
     NOAA's facilities are in urgent need of maintenance and 
     repair. The conference agreement provides funds to address 
     these needs. NOAA is directed to provide the Committees with 
     a plan for this funding within 90 days of enactment of this 
     Act.
       The conference agreement incorporates, by reference, 
     language in the Senate report regarding marine operations and 
     maintenance.


               procurement, acquisition and construction

       The conference agreement includes $1,124,278,000 under this 
     heading, instead of $936,000,000 as proposed by the House and 
     $1,195,017,000 as proposed by the Senate.
       The conferees remain concerned about the safety of NOAA 
     employees at the Southwest Fisheries Science Center, and 
     language is included providing the Secretary of Commerce the 
     option to enter into negotiations with the University of 
     California for a long-term lease. Any construction, however, 
     will require future appropriation of funds. The conferees 
     emphasize that the Administration should assess this safety 
     issue and should include a proposal in a formal budget 
     request, if warranted. No funds are provided in this Act for 
     the design or construction of a new facility.
       The conference agreement includes, by reference, language 
     in the House report regarding radiosonde replacement, a 
     report on the cost and risk implications of delays in the 
     development of the National Polar-orbiting Operational 
     Environmental Satellite System (NPOESS), the National 
     Research Council report on Earth Science and Applications 
     from Space, and the Coastal and Estuarine Land Conservation 
     Program.
       The conference agreement includes, by reference, language 
     included in the Senate report regarding the Coastal and 
     Estuarine Land Protection program, the Fish and Wildlife 
     Coordination Act, NOAA ships, and NOAA aircraft and unmanned 
     aerial vehicles.
       Of the amounts provided for small boats, funding is 
     included to procure two 51-foot highly stable craft for the 
     Hawaiian Islands Humpback Whale National Marine Sanctuary.
       The conference agreement includes language regarding the 
     incremental construction of the NOAA Pacific Regional Center.
       The following distribution reflects the activities funded 
     within this account:

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                  PACIFIC COASTAL SALMON RECOVERY FUND

       The conference agreement provides $67,500,000 for Pacific 
     Coastal Salmon Recovery, instead of $50,000,000 as proposed 
     by the House and $90,000,000 as proposed by the Senate.
       Funds provided under this heading shall be allocated as 
     follows: $22,000,000 for Alaska; $6,500,000 for California; 
     $1,250,000 for Columbia River Tribes; $2,250,000 for Idaho; 
     $6,500,000 for Oregon; $4,000,000 for Pacific Coast Tribes; 
     and $25,000,000 for Washington.
       The conference agreement includes, by reference, language 
     in the House report on program performance measurement.
       Of the amounts provided to the State of Alaska, the 
     conferees agree to the following allocation: $3,500,000 is 
     for the Arctic Yukon-Kuskokwim Sustainable Salmon initiative; 
     $1,000,000 is for the Cook Inlet Fishing Community Assistance 
     Program; $500,000 is for the Yukon River Drainage 
     Association; $500,000 is for Coffman Cove king salmon; 
     $250,000 is for the State of Alaska to participate in 
     discussions regarding the Columbia River hydro-system and for 
     fisheries revitalization; $100,000 is for the United 
     Fishermen of Alaska's subsistence program; $2,500,000 is to 
     restore salmon fisheries in Anchorage at Ship Creek, Chester 
     Creek, and Campbell Creek, including habitat restoration and 
     facilities; $500,000 is for Alaska Village Initiatives to 
     enhance salmon stocks; $700,000 is for Bristol Bay Science 
     and Research Institute; $1,000,000 is for the Alaska 
     Fisheries Development Foundation; $1,500,000 is for the State 
     of Alaska for fisheries monitoring; $1,500,000 is for the 
     Alaska SeaLife Center to restore salmon runs in Resurrection 
     Bay; $3,000,000 is for the Southeast Revitalization 
     Association for implementation of its fleet stabilization 
     program; and $750,000 is for the Kenai River.
       Of the amounts provided to the State of Washington, 
     $2,500,000 is for the Washington State Department of Natural 
     Resources and other State and Federal agencies for purposes 
     of implementing the State of Washington's Forest and Fish 
     report, and $2,400,000 is designated for purchasing two 
     automated marking trailers and four manual marking trailers. 
     In addition, $490,000 is designated for the mass marking of 
     Puget Sound tribal fish by the Washington Department of Fish 
     and Wildlife, and $350,000 is designated for the mass marking 
     of fall chinook at Hood Canal and Willapa Bay hatchery 
     facilities operated by the Washington Department of Fish and 
     Wildlife. In addition, $1,000,000 is designated for the 
     Washington State Pacific Coast Tribes.
       Of the amounts provided to the State of Oregon, $1,100,000 
     is designated for conservation of mass marking at Columbia 
     River hatcheries and $1,040,000 is for the purchase of one 
     mass marking trailer.


                      COASTAL ZONE MANAGEMENT FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes language allowing the 
     transfer of up to $3,000,000 to the ``Operations, Research, 
     and Facilities'' account for the costs of implementing the 
     Coastal Zone Management Act, as proposed by the House and 
     Senate.


                   FISHERIES FINANCE PROGRAM ACCOUNT

       The conference agreement includes language proposed by the 
     Senate providing $287,000 to subsidize up to $5,000,000 for 
     Individual Fishing Quota loans and up to $59,000,000 for 
     fishing capacity reduction loans, of which $19,000,000 may be 
     used for direct loans to the United States menhaden fishery.

                                 Other

                        Departmental Management


                         Salaries and Expenses

       The conference agreement provides $47,466,000 for this 
     account, as proposed by the House, instead of $44,605,000 as 
     proposed by the Senate. The conference agreement does not 
     provide funding for the Technology Administration within this 
     account as proposed by the Senate.
       The conference agreement adopts, by reference, language 
     included in the House report regarding office relocations.
       Legislative Affairs Function.--The conference agreement 
     provides 11 full-time equivalents and $1,490,000 for the 
     legislative affairs function, instead of 12 full-time 
     equivalents and $1,621,000 as proposed by the House, and 9 
     full-time equivalents and $1,181,000 as proposed by the 
     Senate.
       Security Enhancements.--The conferees are aware that the 
     Department of Commerce is planning security improvements at 
     the Boulder, CO, facility and directs the Department to 
     consult with the Committees on Appropriations prior to 
     proceeding. No funding shall be redirected from other 
     proposed construction projects at Boulder for this purpose.
       Intellectual Property.--The conferees are aware that 
     $2,000,000 was provided in fiscal year 2005 for the National 
     Intellectual Property Law Enforcement Coordination Counsel 
     (NIPLECC). The conferees continue to support that action and 
     are aware that funding remains available through fiscal year 
     2006 to meet NIPLECC's critical operations.
       Commerce Information Technology Solutions (COMMITS).--The 
     conferees note that concerns have been raised about the 
     fairness of the ``bid down'' approach of the COMMITS 
     acquisition vehicle, and agree that this matter warrants 
     further review. The conferees therefore direct the Government 
     Accountability Office (GAO) to undertake a review of this 
     acquisition vehicle, with particular emphasis on a provision 
     of the vehicle's current guidelines that permits incumbent 
     contractors who have graduated from a particular size 
     category of small business to bid against smaller firms that 
     still qualify for the smaller category of classification. The 
     GAO's review should be completed within 180 days of enactment 
     of this Act. The conferees direct that the Secretary of 
     Commerce ensure that appropriate procedures are in place so 
     that awards made to incumbent contractors are in the best 
     interest of, and constitute the best value for, the 
     government.


               United States Travel and Tourism Promotion

       The conference agreement provides $4,000,000 for this 
     account instead of no funding as proposed by the House and 
     $5,000,000 as proposed by the Senate.


                      Office of Inspector General

       The conference agreement includes $22,758,000 for the 
     Inspector General for fiscal year 2006, as proposed by both 
     the House and the Senate.

               General Provisions--Department of Commerce


                     (Including Transfer of Funds)

       The conference agreement includes the following general 
     provisions for the Department of Commerce:
       Section 201 making Department of Commerce funds available 
     for advanced payments only upon certification of officials 
     designated by the Secretary that such payments are considered 
     to be in the public interest.
       Section 202 making appropriations for the Department for 
     Salaries and Expenses available for hire of passenger motor 
     vehicles, and for services, uniforms and allowances as 
     authorized by law.
       Section 203 providing the authority to transfer funds 
     between Department of Commerce appropriation accounts and 
     requiring notification to the Committees of certain actions.
       Section 204 providing that any costs incurred by the 
     Department in response to funding reductions shall be 
     absorbed within total budgetary resources available.
       Section 205 regarding the Emergency Steel Loan Guarantee 
     Program.
       Section 206 regarding certain trademarks.
       Section 207 designating funds for certain projects.
       Section 208 designating amounts available in the ``Promote 
     and Develop Fishery Products and Research Pertaining to 
     American Fisheries'' fund.
       Section 209 regarding a transfer of funds from NOAA to NASA 
     for certain purposes.

                           TITLE III--SCIENCE

                Office of Science and Technology Policy

       The conference agreement includes $5,564,000 for the Office 
     of Science and Technology Policy (OSTP) in the Executive 
     Office of the President, as proposed by both the House and 
     the Senate. The conference agreement includes, by reference, 
     language in the House report regarding the improvement of 
     coordination among science agencies on education programs. 
     The conferees urge the OSTP to ensure that Executive branch 
     policy makers and budget officials understand the impact of 
     stagnation in science and technology. In this regard, the 
     OSTP shall submit a report to the Committees by March 1, 
     2006, including recommendations for improving the 
     effectiveness and coordination of science education programs 
     across all agencies funded under this Act.
       The conferees encourage the OSTP to assess future 
     opportunities for improving merit-based, peer-reviewed basic 
     science to support food and agriculture research and to 
     report their findings to the Committees.
       The conferees are aware of concerns that insufficient 
     attention and study has been directed toward the ethical 
     dimensions of nanotechnology research. The conferees direct 
     the OSTP to conduct such an analysis and report to the 
     Committees no later than March 31, 2006, on ethical questions 
     raised by the National Nanotechnology Initiative, including 
     recommended safeguards, and methods of monitoring and 
     tracking potential uses of nanotechnology. The conferees 
     encourage the OSTP to use external expertise in compiling 
     this report. The conferees direct OSTP to work with agencies 
     receiving funds under this Act for the National 
     Nanotechnology Initiative to set aside a portion of the 
     funding to analyze and report on the ethical issues generated 
     from the research and development of nanotechnology. The 
     conferees expect OSTP to follow the pattern established for 
     the human genome project, allocating three percent of funding 
     to ethical, legal and social issues research.

             National Aeronautics and Space Administration

       The conference agreement provides $16,456,800,000 for the 
     National Aeronautics and Space Administration (NASA), instead 
     of $16,471,050,000 as proposed by the House and 
     $16,396,400,000 as proposed by the Senate.
       All changes to the budget request are net of NASA's budget 
     amendment that was submitted to the Congress after both the 
     House and Senate had passed their respective bills, and hence 
     are not included in the statement of the managers for the 
     Science, Aeronautics and Exploration account or the 
     Exploration Capabilities account.
       The conferees are extremely disappointed in the lack of 
     detail provided in the fiscal year 2006 congressional budget 
     justification. NASA is reminded that the primary purpose of 
     budget justifications is to provide needed information to the 
     Committees on Appropriations, and therefore must be submitted 
     in a format with the necessary level of detail

[[Page H9799]]

     required by the Committees so that funding requests may be 
     analyzed. In order for the budget justifications to be of 
     value to the Committees, NASA shall present the fiscal year 
     2007 budget justification with detailed information on the 
     prior year, current year, and requested funding levels for 
     each program, project or activity funded within each division 
     and directorate in each account, and provide detailed 
     information on all proposed changes being requested.
       The conferees do not agree to the continuation of the 
     transfer authority in the House bill. However, to the extent 
     necessary, NASA should use the flexibility in spending 
     authority within each of its accounts to accommodate any 
     funding level adjustments after first consulting with the 
     Committees on Appropriations.
       For fiscal year 2006 and thereafter, the conferees direct 
     NASA to include the out-year budget impacts in all 
     reprogramming requests. In addition, future reprogramming 
     requests/operating plans should include a separate accounting 
     of all program/mission impacts on estimated carryover funds. 
     NASA is further directed to incorporate independent cost 
     verification as part of the process by which contracts are 
     selected for contracts in excess of $100,000,000. This 
     process should be a valuable guide for assessing when costs 
     have exceeded expectations and will help identify projects 
     for termination.
       As NASA begins the development of programs to return to the 
     Moon, it is critical that it be able to control costs for 
     these, and other, activities. For this purpose, NASA is 
     directed to notify the Committees on Appropriations 30 days 
     prior to allocating funds, modifying contracts, or extending 
     existing contracts that are in excess of 15 percent of the 
     original contract value at the program level. Within this 
     notification, NASA shall justify the additional expenditure 
     of funds. NASA shall also evaluate the new cost estimates and 
     verify to the Committees on Appropriations the ability to 
     complete the contract under the new funding profile. Finally, 
     NASA shall identify the source of any required additional 
     funds to cover the overrun.
       The conferees note that NASA has, in the past few months, 
     used its buyout authority to promote voluntary separations as 
     a first attempt at reshaping its workforce. The conferees 
     believe that at this early stage, NASA has been able to 
     reshape its workforce without losing critical workforce 
     skills. The conferees direct that NASA shall not go beyond 
     using voluntary buyout authority until it has developed a 
     comprehensive coordinated restructuring plan and 
     implementation roadmap, and has provided a report to the 
     Congress detailing the steps that will be taken in reshaping 
     the agency's human and physical capital assets. In addition, 
     NASA must notify the House and Senate Committees on 
     Appropriations in advance of any planned reduction in force 
     pursuant to section 605 reprogramming requirements.
       With respect to the agency's workforce, the conferees note 
     the impressive core competencies that exist at NASA's field 
     centers, and direct the agency to fully utilize the 
     competencies that reside at these field centers. NASA's field 
     centers are an asset, and not a liability, for our nation. 
     The conferees believe that NASA currently has, and must 
     maintain, world-class scientists and engineers at its field 
     centers. These scientists and engineers must continue to work 
     at the cutting-edge of their disciplines so that they can 
     remain world-class.
       The conferees are supportive of NASA's new vision and 
     mission for space exploration and the conference agreement 
     includes funds for the Administration's priorities for these 
     activities. However, the conferees remain concerned about the 
     need to maintain the nation's leadership in science and 
     technology. To this end, the conferees have not agreed to the 
     Administration's proposed reductions to the aeronautics 
     research program or science programs, and have partially 
     restored funding to these core programs. However, given the 
     serious nature of the budget deficit facing the nation, the 
     conferees were forced to make a number of difficult choices 
     in allocating the scarce resources available to NASA. The 
     conference agreement includes a budget that supports both the 
     new vision and NASA's other core functions.
       The conferees have agreed to provide funds to the Crew 
     Exploration Vehicle (CEV) and Crew Launch Vehicle (CLV) 
     according to the Exploration Systems Architecture study, but 
     are concerned about the impact the accelerated schedules for 
     the CEV and CLV will have within the agency. NASA is directed 
     to find an approach that will, to the maximum extent 
     possible, mitigate the impacts within NASA of this planned 
     redirection of funding in fiscal year 2006 and beyond for the 
     CEV and CLV.
       NASA possesses a unique capability among Federal government 
     agencies in that it has its own television station. This 
     station is carried nationally on cable and satellite 
     television stations. The conferees note that this asset is 
     significantly underutilized and could be used as a 
     centerpiece in helping to excite the next generation of 
     explorers in science. NASA has made numerous important 
     discoveries in recent years as a result of such initiatives 
     as the Hubble Space Telescope, the Mars Rovers, and the 
     Chandra Space telescope to mention a few. NASA must take 
     advantage of its television resources to inform and excite 
     the public about these discoveries. NASA Television has, for 
     the most part, been used almost exclusively as an internal 
     communications medium. NASA must make more effective use of 
     this capability if NASA is to be permitted to retain it. NASA 
     is directed to develop an integrated communications plan for 
     NASA Television in consultation with outside experts. This 
     plan should have a major focus on educating and exciting the 
     next generation of explorers. This plan is to be submitted to 
     the Committees on Appropriations no later than April 15, 
     2006.


                  Science, Aeronautics and Exploration

                     (Including Transfer of Funds)

       The conference agreement provides $9,761,400,000 for 
     Science, Aeronautics and Exploration instead of 
     $9,725,750,000 as proposed by the House and $9,761,000,000 as 
     proposed by the Senate. Changes to the budget request include 
     increases of $10,000,000 for the Space Interferometry 
     Mission, $30,000,000 for the Glory Mission, $60,000,000 for 
     the Aeronautics Research program of which $25,000,000 is for 
     hypersonic research, $10,000,000 for the Institute for 
     Scientific Research, $20,000,000 for the National Center for 
     Advanced Manufacturing, $5,000,000 for the Heavy Lift Launch 
     Vehicle, $15,000,000 for the Propulsion Research Laboratory, 
     $15,000,000 for an earth science competitive grant program, 
     $20,000,000 for alternative small spacecraft technologies, 
     $50,000,000 for the Hubble Telescope servicing mission, 
     $8,200,000 for EPSCoR, $12,200,000 for the Space Grant 
     program, $5,000,000 for Living With a Star program, and 
     $280,000,000 for Congressionally directed priorities. 
     Decreases to the budget request include $25,000,000 for 
     Exploration Systems R&T, $25,000,000 for Discovery missions, 
     $25,000,000 for Human Systems R&T, $26,000,000 for corporate 
     G&A, $34,000,000 for Centennial Challenges, $15,000,000 for 
     optical communications, $200,000,000 for Project Prometheus, 
     and $90,000,000 for a general reduction.
       The conferees agree to the following:
       1. The conference agreement adopts, by reference, the House 
     report language accompanying H.R. 2862 with respect to earth-
     orbit crossing asteroids and the Senate report language with 
     respect to the National Academy of Sciences Decadal Survey, 
     EOSDIS, Centennial Challenges, and alternative small 
     spacecraft technologies. In addition, both the House and 
     Senate urge NASA to continue its technology and education 
     collaboration with the American Museum of Natural History.
       2. The conference agreement provides an increase of 
     $50,000,000 above the budget request for the Hubble Space 
     Telescope for a total of $271,000,000. The conferees have 
     provided this increase to continue planning, preparation and 
     engineering activities for the SM-4 servicing mission pending 
     a final decision on the use of the space shuttle by the 
     Administrator. The conferees reiterate their position that 
     the Hubble Space Telescope has been one of NASA's most 
     successful programs and remains one of the top priorities for 
     the nation's space program. The conferees direct the 
     Administrator to continue to take all appropriate steps to 
     ensure Hubble's continued safe operations.
       3. The conferees support the Space Interferometry Mission 
     (SIM) and have provided an additional $10,000,000 over the 
     budget request for this mission, for a total program level of 
     $119,000,000. NASA's search for planets and life beyond our 
     solar system is having increasing and dramatic success with 
     more than 150 planets now discovered. SIM is expected to 
     examine 2000-3000 stars for planetary systems to fulfill a 
     critical step in the search for Earth-like planets. The 
     conferees have provided these additional funds to ensure that 
     SIM's important mission remains on schedule. In addition, the 
     conferees expect that NASA will continue funding for the 
     Terrestrial Planet Finder.
       4. A key element of the nation's vision for space 
     exploration is NASA's popular and scientifically important 
     Mars exploration program. The Mars Exploration Rovers Spirit 
     and Opportunity have captured the world's imagination as 
     indicated by the more than 10 billion hits on NASA's Mars 
     website. Therefore, the conference agreement provides 
     $680,000,000 for the Mars program. The conferees urge NASA to 
     continue these important programs within the context of the 
     President's vision for space exploration.
       5. The conference agreement provides $371,600,000 for the 
     James Webb Space Telescope, the same as the budget request.
       6. The conferees fully support the emphasis being placed on 
     the development of a new Crew Launch Vehicle, understanding 
     that this is a critical element of the Exploration Systems 
     Architecture. Additional risk reduction activities are 
     required to help ensure the success of this program and 
     therefore the conference agreement provides an additional 
     $20,000,000 to the funds provided to the National Center for 
     Advanced Manufacturing for work to include, but not limited 
     to, the development of a structural test article, upperstage 
     mass simulator, main propulsion test article and mated 
     vehicle ground vibration test article to support upperstage 
     development; and prototype and test advanced long-term 
     cryogenic storage tanks.
       7. The conference agreement includes an additional 
     $15,000,000 to the Propulsion Research Laboratory to conduct 
     research and development in support of the Constellation 
     program, including the characterization of the altitude start 
     capability of the Space Shuttle main engine and research in 
     nuclear systems and high energy electric propulsion.
       8. The conferees note that the Heavy Lift Launch Vehicle is 
     critical to NASA's exploration plans, and that human 
     exploration beyond low-Earth orbit is not achievable without 
     an operational capability. The conferees

[[Page H9800]]

     strongly urge NASA to initiate work on critical systems 
     earlier than is currently planned and provide an additional 
     $5,000,000 to begin development and planning for the heavy 
     lift vehicle proposed in the Exploration Systems 
     Architecture. The conferees also direct NASA to submit a 
     report to the Committees on Appropriations within 120 days of 
     enactment of this Act with a detailed plan for ensuring that 
     such a capability will be available for missions as soon as 
     possible.
       9. The conference agreement provides $60,000,000 above the 
     budget request for the Aeronautics Research program for a 
     total program level of $912,300,000, of which $25,000,000 is 
     for the continuation of hypersonics research. The conferees 
     direct that within 60 days of enactment of this Act NASA 
     shall provide to the Committees on Appropriations and the 
     legislative committees of jurisdiction in the House and 
     Senate a plan for how it intends to allocate aeronautics 
     research funds for fiscal year 2006. Included in this plan 
     should be a definition of work that enhances United States 
     competitiveness.
       10. The conferees note that the National Academy of 
     Sciences, Solar System Exploration Decadal Survey of 
     planetary scientists concluded that the highest priority of 
     the scientific community is an orbiter/lander mission to 
     Jupiter's moon Europa. The Administration supported just such 
     a mission, and had proposed that the first or second mission 
     of the Prometheus Nuclear Systems and Technology Program 
     would be the Jupiter Icy Moons Mission (JIMO). NASA no longer 
     plans a JIMO mission for Project Prometheus because of 
     funding and technical considerations, and because the NASA 
     Administrator has determined that funding is needed to 
     implement the President's vision for space exploration. 
     Recognizing that these deep space missions usually take a 
     decade to complete from design to orbit, the conferees 
     support NASA moving forward with a conventionally powered 
     mission to Jupiter as soon as possible. Therefore, the 
     conferees direct NASA to begin planning for this mission and 
     to incorporate a new start for a non-nuclear Europa mission 
     as part of its fiscal year 2007 budget request.
       11. The conferees have modified Senate language regarding 
     the Discovery program. The conferees set a cap of 
     $425,000,000 on all future Discovery missions beginning with 
     the next announcement of opportunity. In addition, the 
     conferees direct NASA to report back to the Committees on 
     Appropriations on all future awards under this program and 
     provide detailed information as to the cost of spacecraft, 
     scientific instruments, launch vehicles, civil service, 
     flight readiness, launch integration and operations, agency 
     reviews and deep space network costs.
       12. The conference agreement provides a total of 
     $12,500,000 for NASA's Experimental Program to Stimulate 
     Competitive Research. Additionally, the conferees recommend a 
     total of $30,200,000 for the National Space Grant College and 
     Fellowship Program. This amount will fund 40 grantees at 
     $611,250 each and 12 grantees at $425,000. The conferees 
     expect NASA to follow this distribution.
       13. The conference agreement provides an increase of 
     $15,000,000 above the budget request for the Earth Science 
     Applications program. This funding increase will be used to 
     support competitively selected projects. These projects will 
     integrate the results of NASA's earth observing systems and 
     earth system models (using observations and predictions) into 
     decision support tools to serve applications of national 
     priority including, but not limited to: homeland security, 
     coastal management, agricultural efficiency, and disaster 
     management.
       14. The conference agreement provides $103,600,000 for 
     NASA's Solar Terrestrial Probes program. The conferees urge 
     NASA to move forward with full-scale development of the 
     magnetospheric multiscale mission.
       15. The conference agreement provides $5,000,000 above the 
     budget request for Living With a Star program for a total 
     program level of $239,000,000 of which $10,000,000 shall be 
     allocated to the APL Program Office for direct program 
     management of certain activities, including the Geospace 
     Radiation Belt program, the Geospace Ionispheric-Therospheric 
     program, the Solar Sentinels program and the Solar Probe 
     Advanced Technology program. The conferees remain concerned 
     about the Solar Dynamic Observatory's cost growth over time 
     and expect NASA to take steps to manage it so as not to 
     adversely impact future launch schedules of Geospace and 
     Solar Sentinels.
       16. Within the funds provided for non-programmatic 
     construction of facilities, $10,000,000 is directed to the 
     Institute for Scientific Research, Inc. for the continued 
     construction of the research facility.
       17. The conference agreement provides the budget request of 
     $30,900,000 for continued operation of the Independent 
     Verification and Validation Center in Fairmont, WV.
       18. The conferees direct, to the extent possible, that 
     education funds within this account address the education 
     needs of women, minorities, and other historically 
     underrepresented groups.
       19. The conferees are concerned that NASA has halted 
     environmental clean-up of the test reactor facility at NASA 
     Plum Brook Station in Sandusky, OH. NASA has since learned 
     that low levels of radioactive contamination have been found 
     on and off site at this Station, but continues to delay 
     completion of the decommissioning of the nuclear reactor. As 
     a result, NASA is urged to reconsider its premature 
     termination of clean-up contracts and sub-contracts. Further, 
     the agency should report back to the Committees on 
     Appropriations by March 30, 2006, on how it plans to address 
     this issue, including the associated costs of such plan.
       20. The conferees note that over the past several years the 
     technological maturity of U.S. manufactured unmanned aerial 
     vehicles (UAVs) has increased substantially. The conferees 
     believe UAVs could offer NASA a potentially low cost 
     alternative to traditional earth science research missions, 
     thereby opening up new opportunities for research that do not 
     currently exist, and possible improvements in weather and 
     severe storm prediction capabilities. Therefore, the 
     conferees direct the NASA Administrator, in consultation with 
     National Oceanic and Atmospheric Administration (NOAA), to 
     report to the Committees on Appropriations on the potential 
     use of UAVs to operate in the near space environment for a 
     variety of science and operational missions. The report 
     should be completed no later than March 30, 2006.
       21. The conferees support NASA's efforts to realign the 
     Aeronautics program by redirecting resources into high-
     priority activities in support of core competencies in 
     supersonic, subsonic, and hypersonic flight. The conferees 
     urge NASA, as part of this realignment, to ensure a smooth 
     transition of data for certification and policy 
     recommendations from NASA's Unmanned Aerial Vehicles in the 
     National Airspace project to the Federal Aviation 
     Administration (FAA), so that this knowledge is fully 
     available to the FAA for use in the certification process. 
     The conferees direct NASA to provide a report on the findings 
     of the UAVs in the National Air Space project to the FAA no 
     later than February 15, 2006, with a copy of this report to 
     be provided to the Committees on Appropriations.
       22. Funding was proposed in the budget requests for NASA, 
     the Department of the Interior's United States Geological 
     Survey, and the NOAA for a Landsat Data Continuity Mission. 
     The Administration proposed a Landsat-type instrument to be 
     flown on a NOAA spacecraft. The conferees now understand that 
     such a mission is no longer feasible for both funding and 
     technical reasons. The conferees direct the above agencies, 
     in consultation with the Office of Science and Technology 
     Policy, to report back to the Committees on Appropriations 
     within 120 days of enactment of this Act with an appropriate 
     alternative for a Landsat mission.
       23. With minor technical changes, the conferees have agreed 
     to language included in the House report requiring the 
     President to develop a National Aeronautics Policy no later 
     than one year from the date of enactment of this Act. The 
     lack of support and clear direction for NASA's Aeronautics 
     Research program is directly related to the fact that there 
     is no clear policy direction concerning the government's role 
     in the civil aviation industry. The conferees are extremely 
     concerned about the direction NASA has taken in downsizing 
     and restructuring its Aeronautics Research program. While the 
     United States is reducing its Federal investment in 
     aeronautics research, our competitors are increasing their 
     aeronautics research and development budgets and making 
     competitiveness their number one priority. While the 
     conferees support the development of a national aeronautics 
     policy, such a policy should be guided by the data and policy 
     guidance contained in the recently published National 
     Institute of Aerospace Report, ``Responding to the Call: 
     Aviation Plan for American Leadership''.
       24. With the cancellation of the Mars Telecommunications 
     Orbiter, the conferees are concerned about how the 
     requirements that led to the need for this mission will be 
     met, especially optical communications. NASA is directed to 
     provide a report no later than March 1, 2006, on these 
     requirements, how it intends to meet these requirements and 
     what the impact on the overall Mars exploration programmatic 
     risk will be.
       25. NASA is directed to provide a ten-year funding plan for 
     the Deep Space Network upgrades and maintenance as part of 
     the fiscal year 2007 budget request.
       26. The conferees agree that NASA should continue to work 
     toward an affordable, universal and autonomous capability for 
     rendezvous and docking in the vicinity of the Earth, the 
     Moon, and Mars. Upon completion of the DART review board 
     report, the conferees direct NASA, within 30 days of delivery 
     of the board report, to report to the Committees on 
     Appropriations with its future plans for autonomous, safe 
     proximity operations and docking in space.
       The conference agreement provides funds for the following 
     congressional priorities. None of these funds shall be for 
     non-NASA construction projects:
       $3,000,000 MSFC Simulation Based Acquisition for Manned 
     Space Flight Vehicle Design and Testing;
       $4,000,000 Satellite Test Equivalence Principal (STEP);
       $1,500,000 Alan Shepard Discovery Center at the McAuliffe 
     Planetarium, equipment and exhibits;
       $1,000,000 Ott Planetarium, education programs;
       $1,000,000 Stars program at Rhoads College, TN;
       $5,000,000 to be transferred to the Air Force Research 
     Laboratory for joint NASA-AFRL research in advanced air 
     traffic management including the development of new 
     visualization and simulation tools;
       $2,000,000 Institute for the Application of Geospatial 
     Technology at Cayuga Community College, Inc;

[[Page H9801]]

       $1,000,000 University of South Alabama for high strength 
     composite research;
       $1,000,000 collaborative research on innovative carbon 
     nanotechnology between Houston Advanced Research Center and 
     Rice University;
       $750,000 Remote Sensing Initiative at California State 
     University, Fullerton;
       $700,000 space exploration education program at the McLean 
     VA based Total Learning Research Institute;
       $2,000,000 George Mason University's Center for Earth 
     Observing Research;
       $4,000,000 cooperative partnership between GSFC and Lehigh 
     University for research and development of nanomaterials;
       $500,000 cooperative education programs between Griffith 
     Observatory and NASA's Jet Propulsion Laboratory;
       $300,000 education programs at St. Thomas University;
       $1,150,000 Southeast Missouri State University, Educator 
     Resource Center;
       $1,000,000 Environmental Tectonics Corporation, flight 
     simulator pilot training human factors validation;
       $500,000 National Federation of the Blind, science 
     education programs for blind youth;
       $3,000,000 Virginia Institute for Performance and 
     Engineering;
       $1,000,000 Centenary College NJ, innovative teacher 
     training initiative;
       $2,500,000 NASA-Illinois Technology Commercialization 
     Center at DuPage Research Park;
       $1,000,000 Northwestern University Institute for Proteomics 
     and Nanobiotechnology;
       $2,000,000 Pacific Northwest Regional Collaboratory WA, 
     earth science applications;
       $4,000,000 Ultra Efficient Engine Technology (UEET);
       $1,000,000 Garrett Morgan Commercialization Initiative;
       $2,000,000 Advanced Virtual Engine Test Cell, Springfield 
     OH;
       $750,000 Westminster College's Natural Sciences and 
     Technology Center MO, education programs;
       $1,000,000 Applied Polymer Technology Extension Consortium, 
     LA;
       $200,000 North Shore Aerospace Initiative IL;
       $750,000 Museum of Science and Industry's Human Exploration 
     program, Henry Crown Space Center, IL;
       $200,000 Adler Planetarium education programs;
       $500,000 Challenge Learning Center, Olean NY;
       $500,000 Central Illinois Regional Museum for digital dome 
     planetarium equipment;
       $4,000,000 Loma Linda University space radiation research;
       $1,000,000 University of Redlands academic programs;
       $1,000,000 Oklahoma Space Technology Program;
       $1,000,000 Centenary College LA, technology upgrades;
       $1,000,000 Plattsburg Aeronautical Institute NY;
       $1,000,000 Texas Tech University TX, development and 
     enhancement of space flight technologies;
       $500,000 University of Idaho ID, deep submicron radiation 
     hard electronics;
       $2,350,000 Jason Foundation Project;
       $500,000 Embry-Riddle Aeronautical University AZ, education 
     programs;
       $1,000,000 Burlington Community College Integrated 
     Education Center NJ, equipment;
       $2,000,000 Idaho National Laboratory ID, performance, 
     safety, and mission success tools;
       $1,400,000 Indiana University solar proton radiation 
     research;
       $2,000,000 Pisgah Astronomical Research Center NC, 
     equipment and exhibits;
       $1,500,000 Regional Application Center for the Northeast;
       $4,000,000 Space Alliance Technology Outreach Program;
       $1,900,000 KSC Space Life Sciences Laboratory and Florida 
     Institute of Technology FL, research program;
       $2,000,000 University of South Florida National Center for 
     Roadway Friction;
       $3,000,000 Florida State University advanced turbines 
     research;
       $1,000,000 Challenger Learning Center of Southwestern 
     Connecticut;
       $2,000,000 for the development and optimization of a low-
     cost repairable ceramic (CeramARC) for high temperature 
     applications such as leading edges;
       $2,000,000 for the NASA In-Space Propulsion program for 
     High-power Pulsed Inductive Thruster technology research, 
     utilizing a vector inversion pulsed generator to pre-ionize 
     the propellant at an exceptionally high frequency;
       $1,000,000 for on-going activities of the Goddard Institute 
     for Systems, Software, and Technology Research, including 
     model-based mission design tools and advanced sensors for 
     UAVs;
       $5,000,000 to establish a software research program at 
     NASA's Independent Verification & Validation Facility to 
     include the Code Level Metrics Data Program, IV&V of Neural 
     Nets, and Software Legacy Research;
       $900,000 for the NASA Virtual Teams Collaboration Pilot at 
     Glenn Research Center;
       $4,500,000 for the WVHTCF for research of grid-computing 
     based evolutionary design techniques across NASA 
     applications;
       $600,000 for the WVHTCF's Network Learning Alliance;
       $1,100,000 for Fairmont State University for aerospace 
     programs, teaching labs, equipment for programs and necessary 
     improvements and upgrades to the Fairmont State University 
     Aerospace Education Center;
       $4,000,000 for Glenville State College for laboratories, 
     equipment, planning and programs associated with the science 
     center;
       $2,100,000 for the WVHTCF program for the Innovative 
     Research of Technologies to Enable Next Generation Space 
     Exploration;
       $1,500,000 for the Glenn Research Center Collaborative 
     Engineering Environment;
       $100,000 for Albany Technical College in Albany, Georgia 
     for a technology, math and engineering program;
       $150,000 for Muscogee County Schools in Georgia for math 
     and science programs;
       $250,000 for Albany State University in Albany, Georgia for 
     project ``Jump Start'' for a math and science education 
     enhancement program;
       $150,000 for Andrew College, Georgia, for a rural math, 
     science and engineering program;
       $600,000 for Richland County Challenger Learning Center for 
     Space Education in Columbia, South Carolina;
       $2,000,000 for the Sci-Quest Hands-On Science Center;
       $1,400,000 for the Alabama A&M University for Advanced 
     Propulsion Materials Research;
       $800,000 for the University of Alabama in Huntsville for 
     the Laboratory for Advanced Scintillator Materials;
       $500,000 for the U.S. Space & Rocket Center for museum 
     exhibits updates;
       $2,300,000 for the Propulsion Research Laboratory at the 
     Marshall Space Flight Center for advanced propulsion test 
     equipment;
       $1,000,000 for the Mid-Atlantic Aerospace Complex in 
     Bridgeport;
       $100,000 for the Lower Hudson Valley Challenger Center;
       $3,500,000 for the Educational Advancement Alliance to 
     support the Alliance's K-12 math, science and technology 
     education and scholarship program;
       $700,000 for Middle Tennessee State University for K-12 
     Science Education Enhancements;
       $250,000 for the Science, Technology, Engineering and 
     Mathematics Center at Tennessee Tech University;
       $1,000,000 for the National Center of Excellence in Small 
     Scale Systems Packaging at the State University of New York 
     in Binghamton;
       $2,500,000 for Goddard Space Flight Center for Radiance 
     process laser dry cleaning capability;
       $2,000,000 for Goddard Space Flight Center's Integrated 
     Modeling Environment for Safety of Space Flight initiative;
       $100,000 for planning associated with the Plum Brook 
     Station Alternative Energy Development;
       $250,000 for East Providence School Department, Rhode 
     Island, for instruction labs in math and science;
       $200,000 for the University of Rhode Island Engineering 
     School;
       $200,000 for the Providence School Department, Rhode 
     Island, for instructional labs in math and science;
       $1,000,000 for continuation of NASA's Science and Education 
     Institutional collaboration between the American Museum of 
     Natural History, New York;
       $600,000 for the Chabot Space and Science Center in 
     Oakland, California for The Future Programs for Humans in 
     Space Education Programs;
       $950,000 for the Sacramento Space Science Center at 
     California State University;
       $500,000 for the MCNC-Research and Development Institute 
     (RDI) for continued funding for a Laboratory for Distributed 
     Chemical and Biological Sensors;
       $500,000 for North Carolina State University's Center for 
     Sustainable Life Support;
       $500,000 for the North Carolina Museum of Natural Sciences;
       $1,000,000 for the University of San Francisco to acquire 
     equipment for laboratories and upgrades to a science center;
       $250,000 for the Liberty Science Center;
       $500,000 for St. Peter's College, New Jersey, for enhancing 
     physical sciences and human factors education and research;
       $1,000,000 for Downey, California related to housing of a 
     Space Shuttle mock-up;
       $300,000 for the Bronx Community College Center for 
     Sustainable Energy;
       $1,000,000 for Ball State University, Indiana, Human 
     Performance Laboratory;
       $750,000 for the University of Massachusetts at Amherst for 
     the U.S./Mexico large millimeter telescope project;
       $4,500,000 for the California Academy of Sciences to 
     support technologies and educational programming for the 
     Morrison Planetarium;
       $200,000 to Coppin State University for the Middle Passage 
     Project to support the Geospatial Sciences Laboratory
       $1,000,000 for the Dole Scholarship Program;
       $1,500,000 for weather mapping in Alaska;
       $3,500,000 for the Biodefense Research Infrastructure 
     Project at St. Louis University;
       $4,000,000 for the Stennis Commercial Technology Program 
     (CTP);
       $500,000 for the AgCam Science Applications Team, Montana 
     State University, Bozeman, Montana;
       $2,000,000 for the University of South Alabama to develop a 
     high peak power plasmoid thruster;
       $1,000,000 for the University of Louisville Rejuvenating 
     Injured Tissues for Enhanced Wound Healing Project;
       $100,000 for the La Rouche College Chemistry Initiative;
       $300,000 for the Stroud Water Research Center;

[[Page H9802]]

       $1,000,000 for the Delaware AeroSpace Education Foundation, 
     Kent County, Delaware;
       $3,500,000 for Auburn University to develop high 
     efficiency, free piston stirling converters;
       $250,000 for the Space Foundation's Integrated Science, 
     Technology, Engineering, and Mathematics (STEM) Education 
     Program;
       $200,000 for the Colorado Consortium for Earth and Space 
     Science Education Challenger Learning Center of Colorado 
     Springs;
       $350,000 for the Center for Science and Technology at 
     Dominican University, San Rafael, California;
       $300,000 for the Sun-Climate and Extra solar Planets 
     Research Program at Tennessee State University;
       $750,000 for the Digital Image Archive Center at Utah State 
     University;
       $2,500,000 for the Composites Technology Institutes, 
     Marshall University, Huntington, West Virginia;
       $1,750,000 for the Ultra-Long-Duration Balloon Program at 
     New Mexico State University;
       $200,000 for the Adventure Science Center--Bridges to the 
     Universe;
       $500,000 for the GeoInformatics Training, Research, 
     Education and Extension Center (GeoTREE) for emergency 
     planning and management;
       $4,000,000 for the Chesapeake Information Based Aeronautics 
     Consortium, Baltimore, Maryland of which $1,000,000 is for a 
     demonstration of the Navy's JATDI program into civilian 
     applications;
       $750,000 for the University of Colorado Institute for 
     Micro/Nano Technology for Engineering and Life Sciences;
       $1,000,000 for the North Alabama Science Center's Alabama 
     Nature Center interactive immersive-reality science 
     laboratory;
       $2,000,000 for Constellation University for the CU Research 
     Program;
       $1,000,000 for Philadelphia University for the Scientific 
     Reasoning-Inquiry Based Education Initiative;
       $2,000,000 for the University of Rochester, Rochester, New 
     York for optics research;
       $2,000,000 for the University of Louisville Space Flight 
     Exploration Project;
       $2,500,000 for the National Space Science and Technology 
     Center to develop high power thin disk lasers;
       $4,000,000 for the Alliance for NanoHealth;
       $3,000,000 for the Northern Great Plains Space Sciences 
     Technology Center at the University of North Dakota, Grand 
     Forks;
       $1,100,000 for the Glenn Research Center for research and 
     technology programs in advanced aeronautics programs, 
     including turbine engine research;
       $1,000,000 for the Pittsburgh Tissue Engineering 
     Initiative;
       $2,000,000 for the development of a prototype systems 
     integration node for secure data storage at MSFC;
       $100,000 for the Franklin & Marshall Life Sciences 
     Facility;
       $1,000,000 for the University of Mississippi to expand the 
     National Center for Air and Space Law (NCASL) mission;
       $1,500,000 for the Houston Advanced Research Center;
       $500,000 for the University of Idaho for Radiation-Tolerant 
     Ultra-Low-Power (RTULP) electronics;
       $800,000 for the Combined Positron Emission Tomography 
     (PET) and Computed Tomography (CT) Scanner at Colorado State 
     University;
       $3,000,000 to the Mauna Kea Discovery Center, Hilo, Hawaii;
       $2,750,000 for the Glenn Research Center for research and 
     technology programs in electric power and propulsion, 
     including photo voltaics, solar power, fuel cells, and other 
     forms of energy storage;
       $1,000,000 for the Nuclear Systems Initiative at the 
     Propulsion Research Lab for a modeling and simulation test 
     bed environment;
       $500,000 for Wheelock College, Boston, Massachusetts, for 
     K-6 science teacher education;
       $1,250,000 for the Astromaterials Institute at University 
     of New Mexico;
       $500,000 for the Manned Space Flight Education Foundation;
       $600,000 for the Sci-Port Discovery Center, Shreveport, 
     Louisiana;
       $500,000 for the Temporal Land Cover Change Research 
     Program at Idaho State University;
       $1,000,000 for the Mississippi Coastal Disaster Inventory 
     Initiative;
       $1,000,000 for the Advanced Computing Center at the 
     University of Vermont, Burlington, Vermont;
       $5,000,000 for the Autonomous Rendezvous and Docking Center 
     of Excellence;
       $4,000,000 for the Micro Satellite Development program at 
     the National Space, Science and Technology Center in 
     coordination with NASA's Systems Development, Integration and 
     Test Division;
       $50,000 for the Denver Museum of Nature and Science Space 
     Odyssey Initiative;
       $2,500,000 for the Saturn V Rocket restoration at the U.S. 
     Space and Rocket Center;
       $1,000,000 for the Center for Space and Planetary Sciences 
     at the University of Arkansas, Fayetville;
       $1,000,000 for the Space Dynamics Laboratory Calibrations 
     Standards Initiative at Utah State University;
       $1,250,000 for Compact Laser Sensors at Montana State 
     University;
       $400,000 for the Glenn Research Center for Human Health and 
     Performance in Space;
       $600,000 for the Central Nebraska Planetarium at the 
     University of Nebraska at Kearney;
       $3,000,000 to develop and demonstrate an Airport Operations 
     Virtual Systems Laboratory;
       $500,000 for the Space Engineering Institute at Texas A&M 
     University;
       $3,000,000 for the National Technology Transfer Center at 
     Wheeling Jesuit University, Wheeling, West Virginia for the 
     HEALTHeWV program;
       $750,000 for the Glenn Research Center for applied research 
     in nuclear power and propulsion systems,
       $2,000,000 for the Institute for NanoBio Technology at 
     Johns Hopkins University, Baltimore, Maryland;
       $1,000,000 for a Methane Propellant Viability Assessment 
     and Program Plan to be conducted within the Rocket Propulsion 
     Test Program;
       $2,000,000 for continued operation of the Classroom of the 
     Future at Wheeling Jesuit University, Wheeling West Virginia;
       $5,000,000 for the Propulsion Research Lab for the 
     development of a Crew Launch Vehicle Integrated Health 
     Monitoring Fault Detection and Correction system;
       $4,000,000 for infrastructure upgrades at the Wallops 
     Island Flight Facility to accommodate unmanned aerial 
     vehicles at existing hangars as well as the creation of 
     ground support facilities for medium and high altitude UAV's 
     and the definition and development of end to end concept of 
     operations including payload-air vehicle integration and 
     developing a standardized UAV design for civilian agencies;
       $250,000 for the Geospatial Extension Specialist program at 
     Utah State University;
       $2,000,000 for high end computing capability at the Goddard 
     Space Flight Center;
       $4,000,000 for MSFC for the development of a knowledge 
     management integrated data environment;
       $500,000 for the Mid-Atlantic Regional Spaceport to study 
     the expansion of the Wallops Island Flight Facility into a 
     next-generation, commercial cargo spaceport;
       $1,250,000 for Spaceflight Health Monitoring Technology at 
     Montana State University;
       $2,000,000 for the Pacific Northwest National Laboratory in 
     Richland, Washington;
       $400,000 for Applied Technology Center at Montana State 
     University-Northern;
       $1,500,000 for the NASA Langley Visitor Center for the 
     ``Space Bound'' campaign;
       $750,000 for the Aerospace Propulsion Particulate Emissions 
     Reduction Program at the University of Missouri;
       $5,000,000 for the High Altitude Deployment Demonstration 
     (HADD) within the Planetary Aircraft Risk Reduction program 
     (PARR) for integrating existing aircraft critical sub systems 
     and conducting a flight-testing program using a full size 
     prototype aircraft;
       $1,000,000 for the Manufacturing Research Center at 
     Southern Methodist University;
       $3,500,000 for the Maryland Institute for Dexterous Space 
     Robotics at the University of Maryland, College Park;
       $2,000,000 for the Bio-Info-Nano Research and Development 
     Institute at NASA Ames Research Center to be operated in 
     conjunction with University of California at Santa Cruz;
       $600,000 for the Montana Technology and Innovation 
     Partnership;
       $2,000,000 for continued operations of the National 
     Technology Transfer Center (NTTC) at Wheeling Jesuit 
     University, Wheeling, West Virginia;
       $2,000,000 for the Maryland Department of Business and 
     Economic Development for broadband connection to the Wallops 
     Island Flight Facility;
       $1,000,000 for the Mitchell Institute, Portland, Maine for 
     educational purposes; and
       $375,000 for the Challenger Foundation for education 
     software.


                        Exploration Capabilities

                     (Including Transfer of Funds)

       The conference agreement provides $6,663,000,000 for 
     Exploration Capabilities instead of $6,712,900,000 as 
     proposed by the House and $6,603,000,000 as proposed by the 
     Senate. Changes to the budget request include an overall 
     reduction for International Space Station of $80,000,000, of 
     which $60,000,000 is for crew cargo services, a reduction of 
     $10,000,000 for space communications, and $10,000,000 as a 
     general reduction. The conferees have addressed funding and 
     policy direction for the aeronautics research program under 
     the Science, Aeronautics and Exploration account.
       The conferees agree to the following:
       1. The conference agreement provides a funding level for 
     the International Space Station crew and cargo services 
     program of $198,000,000, which includes $98,000,000 in 
     carryover funds from fiscal year 2005 as well as $100,000,000 
     appropriated in this Act. This funding level should be 
     sufficient to address NASA's needs in this area.
       2. NASA is encouraged to utilize, to the fullest extent 
     possible, commercially developed domestic cargo resupply and, 
     ultimately, crew rotation capabilities for the International 
     Space Station. This should be a priority for NASA. Utilizing 
     the market offered by the International Space Station's 
     requirements for cargo and crew will help to spur true 
     competition in the private sector, result in savings that can 
     be applied elsewhere in the program, and promote further 
     commercial opportunities in the aerospace sector.
       3. The conferees are concerned that construction of 
     facilities projects that have been planned and deferred by 
     NASA in the

[[Page H9803]]

     past have not been readdressed in a satisfactory manner. One 
     such project is building 4601 at the Marshall Space Flight 
     Center. The conferees direct NASA to begin construction of 
     building 4601, beginning in fiscal year 2006, from within 
     funds provided for the construction of facilities. 
     Furthermore, construction funds should not be taken from the 
     general and administrative services account to cover this 
     activity.
       4. NASA is reminded that it must request a reprogramming, 
     in writing, to move or alter the purpose of any funds related 
     to the Shuttle program, and that NASA must include the out-
     year impacts on all activities involved in such a 
     reprogramming. In addition, NASA is directed to consult with 
     the Committees on Appropriations on all proposed changes to 
     investments in the Shuttle program. These consultations 
     should occur before any final decisions are made.


                      Office of Inspector General

       The conference agreement provides $32,400,000 for the 
     Office of Inspector General as proposed by both the House and 
     Senate. The conference agreement includes bill language 
     proposed by the Senate that extends the availability of funds 
     until September 30, 2007.


                       Administrative Provisions

       The conferees agree to the following:
       1. Bill language is included as proposed by the House 
     making minor technical changes to the language dealing with 
     environmental compliance and restoration activities. The 
     Senate bill had similar language.
       2. Bill language is included as proposed by the House 
     making minor technical changes to the language dealing with 
     the availability of funds for construction of facilities. The 
     Senate bill had similar language.
       3. Bill language is included as proposed by the Senate 
     dealing with prizes. Funding for the Centennial Challenge is 
     not available for obligation unless authorized. The House 
     bill had no similar language.
       4. Bill language is included as proposed by the Senate that 
     allows the merging of unexpired balances that are transferred 
     to the new account established under this Act. The House bill 
     had no similar language.
       5. Bill language is included as proposed by the House that 
     incorporated by reference the program, projects, and 
     activities included in the statement of the managers 
     accompanying this Act. The Senate bill had no similar 
     language.
       6. Bill language is not adopted as proposed by the House 
     that would have allowed for the transfer of funds between 
     appropriations accounts. The Senate bill had no similar 
     provision.

                      National Science Foundation

       The conference agreement includes $5,653,370,000 for the 
     six appropriations accounts of the National Science 
     Foundation (NSF), instead of $5,643,370,000 as proposed by 
     the House and $5,530,959,000 as proposed by the Senate.


                    Research and Related Activities

       The conference agreement includes $4,387,520,000 for the 
     Research and Related Activities account, instead of 
     $4,377,520,000 as proposed by the House and $4,345,213,000 as 
     proposed by the Senate.
       The conference agreement includes language allowing funds 
     under this heading to be available for polar icebreaking 
     services. The conferees expect the NSF to reimburse the 
     United States Coast Guard for such services pursuant to a 
     memorandum of agreement. The conference agreement includes, 
     by reference, language in the House report regarding the 
     submission of a report on alternatives for long-term 
     icebreaking needs and future options for supporting the 
     United States presence in the Antarctic.
       The conference agreement includes, by reference, language 
     in the House report on innovation inducement prizes. The 
     conference agreement also includes, by reference, language in 
     the Senate report on the Plant Genome Research program and 
     radio astronomy.
       The conferees agree that funding for the Children's 
     Research Initiative research centers program shall continue 
     at least at the fiscal year 2005 level. The conferees commend 
     NSF for its Silicon Nanoelectronics and Beyond program and 
     its partnership with the Nanoelectronics Research Initiative, 
     which involves the sponsorship of research in the areas of 
     information technology and electronics. The conferees 
     encourage NSF to continue its support for such research in 
     fiscal year 2006 at the same level as fiscal year 2005.


          major research equipment and facilities construction

       The conference agreement includes $193,350,000 for the 
     Major Research Equipment and Facilities Construction (MREFC) 
     account, as proposed by the House and Senate. In addition, 
     the conferees are aware that unobligated balances of at least 
     $14,880,000 are available from fiscal year 2005, resulting in 
     a total funding availability of $208,230,000 under this 
     account. The conferees agree to the following distribution of 
     available resources, which fully funds all requested MREFC 
     projects for fiscal year 2006:

                         [Dollars in thousands]

                                                   Conference agreement
Atacama Large Millimeter Array..................................$49,240
EarthScope.......................................................50,620
IceCube Neutrino Observatory.....................................50,450
Scientific Ocean Drilling Vessel.................................57,920
                                                             __________
                                                             
Total, MREFC....................................................208,230


                     education and human resources

       The conference agreement includes $807,000,000 for the 
     Education and Human Resources (EHR) account as proposed by 
     the House, instead of $747,000,000 as proposed by the Senate. 
     The conferees agree to the following distribution of funds 
     under this account for fiscal year 2006:

                         [Dollars in thousands]

                                                   Conference agreement
Math and Science Partnerships...................................$64,000
EPSCoR..........................................................100,000
Elementary, Secondary & Informal Education......................172,500
Undergraduate Education.........................................146,000
Graduate Education..............................................155,000
Human Resource Development......................................120,000
Research, Evaluation and Communication...........................49,500
                                                             __________
                                                             
  Total, EHR....................................................807,000

       Within the amount provided for Human Resource Development, 
     the conferees agree that $25,800,000 shall be for the Louis 
     Stokes Alliance for Minority Participation program and 
     $35,800,000 shall be for the Historically Black Colleges and 
     Universities Undergraduate Program. In addition, the amount 
     provided for Human Resource Development continues funding for 
     the Tribal Colleges and Universities program, and the HBCU-
     Research University Science and Technology initiative within 
     the Center of Research Excellence in Science and Technology 
     program.
       NSF plays a significant role in attracting more of the best 
     and brightest students in the Nation into the science, 
     mathematics, engineering, and technology fields. The 
     conferees urge NSF to work towards increasing the number of 
     women, minorities, and other underrepresented groups to the 
     greatest extent possible.
       Within the amount provided for Undergraduate Education, the 
     conference agreement continues funding for the Robert Noyce 
     Scholarship program and the Advanced Technological Education 
     program.
       The conference agreement includes, by reference, language 
     in the Senate report regarding the Math and Science 
     Partnership (MSP) program.
       Within the funding provided under this account, the 
     conferees direct the NSF to initiate a demonstration program 
     to provide seed money for new projects with the goal of 
     increasing the pool of individuals pursuing science, 
     technology, engineering and mathematics careers through 
     programs that catalyze and maintain interest of K-8 students 
     in math and science. The projects must stimulate interest and 
     provide exciting but challenging educational experiences in 
     math and science that are continuous and seamless from 
     initial contact and throughout high school. The conferees 
     agree that the NSF shall conduct a merit-based peer review 
     process to select projects for funding, and that each project 
     shall involve sustainable coalitions of industry/business, 
     colleges of education, and educational agencies.


                         Salaries and Expenses

       The conference agreement includes $250,000,000 for the 
     Salaries and Expenses account as proposed by the House, 
     instead of $229,896,000 as proposed by the Senate. The 
     conference agreement includes full requested funding for 23 
     new positions, and includes, by reference, guidance in the 
     House report regarding priority areas for the allocation of 
     additional personnel. The conferees agree that at least three 
     positions shall be allocated to the Office of the Deputy 
     Director of Large Facility Projects to improve oversight of 
     large research facility projects.


                  Office of the National Science Board

       The conference agreement includes $4,000,000 for the Office 
     of the National Science Board, as proposed by the House and 
     Senate. The conference agreement includes, by reference, 
     language in the House report regarding the establishment of a 
     Board commission on science education.


                      Office of Inspector General

       The conference agreement includes $11,500,000 for the 
     Office of Inspector General as proposed by the House and 
     Senate.

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

       In total, the conference agreement includes $9,685,574,000 
     for the Department of State and the Broadcasting Board of 
     Governors. Of the total amount provided, $9,553,874,000 is 
     derived from general purpose discretionary funds and 
     $131,700,000 is scored as mandatory spending. The conference 
     agreement includes $1,599,723,000 to continue worldwide 
     security activities, including the design and construction of 
     replacement facilities for the most vulnerable overseas 
     posts.
       For purposes of this title and relevant related agencies in 
     title V of this Act, the language set forth in House Report 
     109-118 and Senate Report 109-96 should be complied with 
     unless specifically addressed in the accompanying bill and 
     statement of the managers to the contrary. The statement of 
     the managers, while repeating some report language for 
     emphasis or clarification, does not intend to negate the 
     language in either the House or Senate reports unless 
     expressly addressed herein.

                          DEPARTMENT OF STATE

       The conference agreement includes a total of $9,033,231,000 
     for the Department of State. Of the total amount provided, 
     $8,901,531,000 is derived from general purpose discretionary 
     funds and $131,700,000 is scored as mandatory spending.
       The conference agreement includes a total of $6,517,365,000 
     for the discretionary appropriation accounts under 
     Administration of

[[Page H9804]]

     Foreign Affairs; $2,201,712,000 for International 
     Organizations; $67,339,000 for International Commissions; and 
     $115,115,000 for other activities. The conferees' priorities 
     for the Department of State are described in the following 
     paragraphs.
       The conferees agree with the direction of the Senate with 
     respect to submission of a report on proposals to improve 
     budget justification materials submitted with the fiscal year 
     2007 budget request. The Department of State should submit 
     proposals to both the House and Senate Committees on 
     Appropriations no later than December 15, 2005.

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

                     (including transfers of funds)

       The conference agreement includes $4,369,542,000 for the 
     Diplomatic and Consular Programs account, instead of 
     $4,436,641,000 as proposed by the House and $4,444,641,000 as 
     proposed by the Senate. The conference agreement includes 
     $689,523,000 to continue funding for worldwide security 
     upgrades, and $334,000,000 for public diplomacy programs. The 
     conference agreement includes $930,610,000 for the border 
     security program, including $74,213,000 in appropriated 
     funds, $672,097,000 in Machine Readable Visa (MRV) fees, and 
     $184,300,000 in Enhance Border Security Program fees and Visa 
     Fraud fees.
       The conference agreement adopts, by reference, language as 
     proposed in the House report regarding: the detail of a 
     diplomatic security agent to the FBI's National Gang 
     Intelligence Center; follow-on efforts related to an external 
     review of public diplomacy programs; the American Corners 
     program; the microscholarships program; diplomatic efforts to 
     support the expansion of audiences for U.S. international 
     broadcasting; international book programs; reporting on MRV 
     fee collections; the diversity visa program; fingerprint 
     technology standards; minority recruitment and hiring; 
     overseas American schools; security of classified material; 
     an export control process plan; war crimes in West Africa; 
     right-sizing the U.S. overseas presence; presence in China; 
     intellectual property rights enforcement; and intercountry 
     adoption. The conference agreement also includes, by 
     reference, language in the House and Senate reports regarding 
     the Office of the Special Coordinator for Tibetan Issues.
       The conferees expect that within the planned personnel 
     complement for Baghdad, Iraq, that one Senior Foreign Service 
     Officer who reports directly to the Ambassador will be 
     assigned as the lead human rights official in Baghdad. This 
     officer should be tasked with encouraging incorporation of 
     human rights principles during Iraq's constitutional and 
     legal reconstruction, and especially to secure for all 
     individuals strong human rights provisions, including freedom 
     of thought, conscience, religion or belief, and due process 
     of law, through the Iraqi legal system and the implementation 
     of the Iraqi constitution.
       The conference agreement includes a program increase of 
     $150,000 and two additional positions for the Office to 
     Monitor and Combat Trafficking in Persons. The conferees 
     support the efforts of the Office to further strengthen the 
     annual reporting process and those of the Department-led 
     Senior Policy Operating Group to coordinate interagency 
     activities to implement the Trafficking Victims Prevention 
     Act of 2000.
       The conferees urge the Department of State to ensure that 
     no later than 30 days after the date of issuance by the U.S. 
     mission in a foreign country, the Trafficking in Persons 
     Report and the International Religious Freedom Report be 
     translated into the official language of that country. The 
     translated report should be posted on the Web site of the 
     U.S. Embassy in that country. The conferees strongly believe 
     that translation of the reports is critical to accomplishing 
     the purpose of the U.S. Congress in requiring these reports.
       The conferees direct that not later than February 15, 2006, 
     the Secretary of State shall submit to the Committees on 
     Appropriations a report setting forth the number of personnel 
     of the Department of State performing legislative liaison or 
     legislative affairs functions as of January 1, 2006. The 
     report shall include the following: the number of personnel 
     of the Department of State assigned to full-time legislative 
     liaison or affairs functions, shown by organizational entity, 
     and the number of personnel of the Department of State either 
     in a part time or support function. The report shall include 
     a description of each position, including those unfilled as 
     of January 1, and a summary comparing the total cost to the 
     Department for all legislative affairs functions for fiscal 
     year 2006 and the justification of funds contained in the 
     fiscal year 2007 budget request.
       The conferees continue to follow the development of the 
     ePassport and are aware that the Department of State is 
     working to select a microchip technology that will be 
     embedded in next-generation passports. The conferees direct 
     the Department to submit a report no later than 30 days after 
     the enactment of this Act to the Committees on Appropriations 
     describing the selection criteria for production of these 
     chips and how it will provide for domestic integration and 
     personalization of ePassports in a secure facility.
       The conference agreement includes $3,000,000 for the 
     Ambassador's Fund for Cultural Preservation for grants to 
     preserve objects, sites, and forms of cultural expression, as 
     proposed by the Senate.
       The conference agreement includes $1,000,000 for the 
     Cultural Antiquities Task Force, as proposed by the Senate. 
     The Task Force is directed to continue initiatives begun in 
     prior years to protect and preserve archeological collections 
     and sites.
       The conference agreement includes $2,000,000 for a 
     contribution to the endowment of the Scholar Rescue Fund. The 
     conferees understand this contribution will be exceeded by 
     private donations to assist scholars to leave their home 
     countries if their personal safety or academic freedom is 
     threatened. Any interest income earned on the contribution 
     may be retained by the Fund endowment.


                        Capital Investment Fund

       The conference agreement includes $58,895,000 for the 
     Capital Investment Fund, as proposed by the Senate, instead 
     of $69,121,000 as proposed by the House. The conference 
     agreement includes two separate accounts for the Department 
     of State's information technology (IT) programs. As in fiscal 
     year 2005, the Capital Investment Fund will continue to 
     provide funding only for new investments in IT, and the 
     Centralized IT Modernization Program account will provide 
     funding for the maintenance of the Department's IT 
     infrastructure, including hardware and software refreshment 
     and upgrades. The conferees expect that an additional amount 
     estimated at $116,000,000 in expedited passport fee 
     collections will be used for technology investments in fiscal 
     year 2006.
       The conference agreement includes $7,740,000 for public key 
     infrastructure requirements as described in the House report, 
     and adopts, by reference, language included in the House 
     report regarding the State Messaging and Archive Retrieval 
     Toolset program, and language in the Senate report on payroll 
     consolidation.


        Centralized Information Technology Modernization Program

       The conference agreement includes $69,368,000 for the 
     Centralized IT Modernization Program account, instead of 
     $74,105,000 as proposed by the Senate. The House did not 
     provide funding under this heading.
       The conferees remind the Department of State of the 
     requirement to annually update the automation replacement and 
     modernization plan report that was initiated in fiscal year 
     2005.


                      Office of Inspector General

       The conference agreement includes $30,029,000 for the 
     Office of Inspector General (OIG), instead of $29,983,000 as 
     proposed by the House and $33,000,000 as proposed by the 
     Senate.


               Educational and Cultural Exchange Programs

       The conference agreement includes a total of $431,790,000 
     under this heading, instead of $410,400,000 as proposed by 
     the House and $440,200,000 as proposed by the Senate. The 
     following chart displays the conference agreement on the 
     distribution of funds by program or activity under this 
     account:

               Educational and Cultural Exchange Programs

               [Budget authority in thousands of dollars]

                                                   Conference agreement
Academic Programs:
  Fulbright....................................................$185,136
  Regional Graduate Fellowships..................................25,342
  Educational Advising and Student Services.......................5,000
  English Language Programs......................................14,556
  American Overseas Research Centers..............................3,316
  South Pacific Exchanges...........................................500
  Timor Leste Exchanges.............................................750
  Mobility Exchange Clearinghouse...................................500
  Benjamin Gilman International Scholarship Program...............3,712
  George Mitchell Fellowship Program................................500
  Tibet Fulbright Exchanges.........................................500
  Hemispheric Program...............................................500
  Abraham Lincoln Study Abroad Fellowship...........................400
                                                             __________
                                                             
    Subtotal, Academic Programs.................................240,712
Professional and Cultural Programs:
  International Visitor Program..................................68,000
  Citizen Exchange Programs......................................57,950
  Congress Bundestag Youth Exchange...............................3,256
  Mike Mansfield Fellowship Program...............................1,877
  Irish Institute...................................................800
  Leadership program for emerging democracies.....................1,000
  Atlantic Corridor.................................................250
  Ngwang Choephel Fellows (Tibet)...................................600
  Youth Science Leadership Institute of the Americas................150
  Africa Workforce Development......................................400
  Institute for Representative Government...........................500
  SIFE..............................................................250
  Rule of Law Forum.................................................850
  Northern Forum....................................................400
  Arctic Council....................................................175
  Permafrost Conference.............................................500
  Kosovo Foundation for Medical Development.........................850
  Global Perspectives Project.......................................750
  Project Children..................................................200
  International Leadership Training Program......................... 70
  World Scholar and Athlete Games...................................500
  International Forum on Democracy..................................900

[[Page H9805]]

  Pakistan Literacy Training Program................................250
  Empower Peace.....................................................500
  William Joiner Fellowship in War & Social Consequences............500
  Law program for leaders from transitional democracies.............700
  Karelia Sustainable Development Exchange..........................350
  International Leadership Program with sub-Saharan Africa..........150
  Leaders in Education Initiative.................................2,000
  Tolerance Foreign Exchange Program................................150
  University Consortium...........................................1,000
  Concordia Arabic Language Exchange................................250
                                                             __________
                                                             
    Subtotal, Professional and Cultural Exchanges...............146,078
Exchanges Support................................................45,000
                                                             __________
                                                             
    Total.......................................................431,790
       Deviations from this distribution of funds will be subject 
     to the normal reprogramming procedures under section 605 of 
     this Act.
       The conference agreement includes, by reference, language 
     in the House report regarding Fulbright exchanges with Tibet, 
     Traditional Public/Private Partnership grants, artistic and 
     cultural exchanges, and religious freedom exchanges. The 
     conference agreement also includes, by reference, language in 
     the Senate report requiring an assessment of exchange 
     capacity between and among developing countries and the 
     United States, and on the Timor-Leste Scholarship Program.
       The conference agreement does not include language, 
     proposed by the Senate, providing $13,500,000 for educational 
     and cultural exchanges with the People's Republic of China. 
     The conferees direct that not less than $10,000,000 be 
     provided for such activities, including for an American 
     studies program. The conferees request the Department of 
     State to consult with the Committees on Appropriations on the 
     use of these funds.
       The conference agreement does not include $5,000,000 under 
     this heading for the Center for Asian Democracy. Instead, the 
     conference agreement includes section 406 designating 
     $5,000,000 for such purpose from the Diplomatic and Consular 
     Programs account.
       The conferees support the Special Olympics and recommend 
     that the Department of State continue to fund this program.
       Within amounts specified in the chart, the conference 
     agreement includes $15,500,000 for Future Leaders Exchange 
     Program, $2,200,000 for Teaching Excellence Awards, and last 
     year's funding level for Muskie Graduate Fellowships, 
     including the Muskie Ph.D. program, and for Junior Faculty 
     Development Program exchanges, including Southeast Europe. 
     Within the amount for educational advising, $1,600,000 is for 
     Eurasia. Within Regional Fellowships, $2,000,000 is for the 
     Cooperative Fellowships Program for Eastern Europe and 
     Eurasia.
       The conference agreement includes $1,000,000 for an 
     undergraduate international exchange program involving a 
     consortium of the Virginia Military Institute, Christopher 
     Newport University, the College of William and Mary, 
     Shenandoah University, and James Madison University.
       The conference agreement includes, by reference, language 
     in the Senate report regarding proposals from Morehouse 
     College and other universities to expand exchange programs, 
     particularly for minority students.


                       Representation Allowances

       The conference agreement includes $8,281,000 for 
     representation allowances as proposed by the House and 
     Senate. The conference agreement includes, by reference, 
     language in the House report regarding the submission of a 
     quarterly report on expenditures under this account.


              Protection of Foreign Missions and Officials

       The conference agreement includes $9,390,000 under this 
     heading as proposed by the House and the Senate, and makes 
     the funding available for two fiscal years as proposed by the 
     House. The conference agreement includes, by reference, 
     language in the House report regarding the Department of 
     State's treatment of reimbursement requests and the 
     submission of a report on budgeting for protection expenses 
     in light of heightened security measures. The conferees 
     believe that local jurisdictions incurring such costs must 
     submit a certified billing for such costs in accordance with 
     program regulations. The conferees expect the Department to 
     treat such submissions diligently and provide reimbursement 
     for valid claims to local jurisdictions on a timely basis. 
     The conferees recognize that, in those instances where a 
     local jurisdiction will realize a financial benefit from a 
     visit by a foreign dignitary through increased tax revenues, 
     such circumstances should be taken into account by the 
     Department in assessing the need for reimbursement under this 
     program.


            Embassy Security, Construction, and Maintenance

       The conference agreement includes a total appropriation of 
     $1,509,000,000 for Embassy Security, Construction, and 
     Maintenance, instead of $1,513,710,000 as proposed by the 
     House and $1,499,000,000 as proposed by the Senate. The 
     conference agreement designates $910,200,000 as available 
     only for priority worldwide security upgrades, acquisition, 
     and construction, the full amount requested for such 
     activities.
       The conference agreement includes $910,320,000 for 
     worldwide security upgrades, including $810,320,000 to 
     continue the capital security program for constructing new 
     secure replacement facilities for the Department's most 
     vulnerable embassies and consulates. Within the funds made 
     available under this category, the conferees expect the 
     Department to undertake new office building projects from 
     among the highest priority facilities listed in the Long 
     Range Overseas Buildings Plan. Projects funded under this 
     account must follow a rigorous rightsizing methodology.
       The conference agreement includes, by reference, language 
     in the House report regarding the submission of a spending 
     plan, compound security, right-sizing, Capital Security Cost 
     Sharing, and assets management.
       The conferees direct the Department of State to consult 
     with the Committees on Appropriations prior to initiating any 
     embassy construction projects in Thailand, including the sale 
     of any properties or assets (specifically the Rajadamri 
     compound). The conferees request the Department to report to 
     the Committees on Appropriations not later than 90 days after 
     enactment of this Act on options to utilize the Rajadamri 
     compound.


           Emergencies in the Diplomatic and Consular Service

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $10,000,000 under this 
     heading as proposed by the House, instead of $13,643,000 as 
     proposed by the Senate. The conference agreement anticipates 
     that significant carryover balances will be available for 
     obligation in fiscal year 2006.


                   Repatriation Loans Program Account

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $712,000 for the subsidy 
     cost of repatriation loans and $607,000 for administrative 
     costs of the program as proposed by the House and Senate.


              Payment to the American Institute in Taiwan

       The conference agreement includes $19,751,000 under this 
     heading as proposed by the House and Senate. The conference 
     agreement includes, by reference, language in the House 
     report regarding the submission of a spending plan, except 
     that such plan shall be submitted by February 3, 2006.


     Payment to the Foreign Service Retirement and Disability Fund

       The conference agreement includes $131,700,000 under this 
     heading, as proposed by the House and the Senate.


                      International Organizations

              Contributions to International Organizations

       The conference agreement includes $1,166,212,000 under this 
     heading as proposed by the Senate, instead of $1,144,264,400 
     as proposed by the House.
       The conference agreement includes, by reference, language 
     in the House report regarding reassessment of U.S. membership 
     in certain international organizations, assessment rate 
     equity, reform and budget discipline, the UN Regular Budget, 
     and American employment levels in the UN System.
       The House and Senate bills did not include language that 
     was included in the budget request authorizing the United 
     States Government to use funds for the payment of interest 
     costs to the United Nations for a loan for the renovation of 
     its headquarters. The conferees are concerned with the 
     estimated costs of the renovation, and are aware that the 
     U.N. Under Secretary General for Management is currently 
     reviewing the estimated cost of the renovation. The conferees 
     direct the Department of State to provide the Committees on 
     Appropriations a report of the results of these findings. The 
     conference agreement includes section 412 expressing the 
     sense of the Congress that the loan amount for the 
     headquarters renovation should not exceed $600,000,000.


        Contributions for International Peacekeeping Activities

       The conference agreement includes $1,035,500,000 for 
     Contributions for International Peacekeeping Activities as 
     proposed by the House and Senate.
       The conference agreement includes, by reference, language 
     in the House report regarding sexual exploitation and abuse 
     in UN peacekeeping missions; UN peacekeeping in Western 
     Sahara; UN peacekeeping reform; benchmarks for mission 
     performance and termination; and the Office of Internal 
     Oversight Services. The allocation of funds under this 
     account to specific missions shall be subject to the 
     reprogramming requirements in section 605 of this Act.
       The conference agreement includes section 409, which limits 
     payments for UN peacekeeping to $1,035,500,000 from funds 
     made available by this Act. The conferees expect the 
     Department of State to evaluate and prioritize United States 
     participation in, and support for, UN peacekeeping missions. 
     In a climate of limited resources the conferees continue to 
     insist that the Department live within appropriated amounts, 
     prioritize as necessary according to policy goals, take steps 
     as necessary to conclude or withdraw support from lower 
     priority missions, and refrain from entering into new 
     commitments without identifying offsetting savings or 
     requesting supplemental appropriations.

                       International Commissions


 International Boundary and Water Commission, United States and Mexico

       The conference agreement includes a total of $33,300,000 
     for the International Boundary

[[Page H9806]]

     and Water Commission, United States and Mexico (IBWC). The 
     total amount provided includes $28,000,000 for Salaries and 
     Expenses and $5,300,000 for Construction. The conference 
     agreement includes language authorizing not to exceed $6,000 
     for representation expenses.


                         Salaries and Expenses

       The conference agreement for the Salaries and Expenses 
     account includes $28,000,000, instead of $27,000,000 as 
     proposed by the House and $28,700,000 as proposed by the 
     Senate. The conference agreement includes, by reference, 
     language in the House report regarding the use of surplus 
     operations and maintenance funding through reprogramming.


                              Construction

       The conference agreement includes $5,300,000 under this 
     heading, as proposed by both the House and the Senate.
       The conference agreement includes $1,200,000 for Boundary-
     wide Construction; $3,700,000 for the Water Quantity Program; 
     and $400,000 for the Water Quality Program.
       Within the amount for the Water Quantity Program, the 
     conferees recommend that the Commission increase funding for 
     the Lower Rio Grande Flood Control Project above the 
     $2,200,000 contained in the budget request. Studies by the 
     U.S. Section of the IBWC conclude that Rio Grande Valley 
     levees are deficient in height, geologically flawed, and 
     structurally unsound. The conferees expect the 
     Administration, in the upcoming budget cycle, to request 
     sufficient funds to address these needs. Also, the conferees 
     direct that $250,000 be made available for the Rio Grande 
     Canalization project.
       The conferees encourage the IBWC to attempt, if possible, 
     to achieve greater secondary treatment of Mexican sewage 
     within current funding levels under this account, including 
     carryover balances.
       Any obligation of carryover balances available under this 
     heading, including any new project starts, shall be subject 
     to the reprogramming process described in section 605 of this 
     Act.


              American Sections, International Commissions

       The conference agreement includes $10,039,000 under this 
     heading, instead of $9,500,000 as proposed by the House and 
     $10,400,000 as proposed by the Senate. This amount includes 
     $1,429,000 for the International Boundary Commission; 
     $2,110,000 for the Border Environment Cooperation Commission; 
     and $6,500,000 for the International Joint Commission 
     including $300,000 for the Lake Champlain Basin Program.


                  International Fisheries Commissions

       The conference agreement includes $24,000,000 under this 
     heading, instead of $22,000,000 as proposed by the House and 
     $25,623,000 as proposed by the Senate. The conferees direct 
     that the following amounts be provided: $2,072,000 for the 
     Inter-American Tropical Tuna Commission; $3,029,000 for the 
     Pacific Salmon Commission; $300,000 for the Western and 
     Central Pacific Fisheries Commission; $3,079,000 for the 
     International Pacific Halibut Commission; $85,000 for the 
     North Pacific Marine Science Organization; and $14,937,000 
     for the Great Lakes Fisheries Commission. The conferees 
     expect the Department of State to allocate the balance of 
     funds in the conference agreement, and, through the regular 
     reprogramming process, any additional funds that may become 
     available, to priority commissions.
       The conference agreement includes $500,000 within the 
     amount provided for the Great Lakes Fisheries Commission 
     (GLFC) for eradication of lampreys in Lake Champlain, as 
     proposed by the Senate. The GLFC is directed to give priority 
     to States that have provided matching grants when 
     distributing lampricide funds.
       The conferees expect the Department of State to take 
     immediate action to evaluate and prioritize United States 
     participation in, and funding for, international fisheries 
     commissions. In a climate of limited resources the conferees 
     continue to insist that the Department operate within 
     appropriated amounts, prioritize as necessary among 
     commissions according to policy goals, take steps as 
     necessary to withdraw from lower priority commissions, and 
     refrain from entering into new commitments.

                                 Other


                     Payment to the Asia Foundation

       The conference agreement includes $14,000,000 under this 
     heading, instead of $10,000,000 as proposed by the House and 
     $15,000,000 as proposed by the Senate. The conference 
     agreement includes, by reference, language in the House and 
     Senate reports regarding certain Foundation programs. The 
     conferees continue to strongly support the programs and 
     activities of TAF.


         Center for Middle Eastern-Western Dialogue Trust Fund

       The conference agreement includes $5,000,000 under this 
     heading to be deposited in the International Center for 
     Middle Eastern-Western Dialogue Trust Fund (as authorized by 
     22 U.S.C. 2078) for the perpetual operations of the Center in 
     Istanbul, Turkey, instead of $7,000,000 as proposed by the 
     Senate. The House did not propose funding in this account. 
     The interest and earnings accruing to the Trust Fund, 
     estimated at $1,000,000, shall be available for the steering 
     committee, chaired by the Council of American Overseas 
     Research Centers (CAORC), for the operations of the Center.


                 Eisenhower Exchange Fellowship Program

       The conference agreement includes an appropriation of 
     interest and earnings from the Eisenhower Exchange Fellowship 
     Program Trust Fund, expected to total $500,000. The 
     conference agreement includes, by reference, language in the 
     House report regarding geographical priorities and the 
     selection of fellows.


                    Israeli Arab Scholarship Program

       The conference agreement includes an appropriation of 
     interest and earnings of the Israeli Arab Scholarship 
     Endowment Fund, expected to total $375,000.


                            East-West Center

       The conference agreement includes $19,240,000 for the East-
     West Center, instead of $6,000,000 as proposed by the House 
     and $20,000,000 as proposed by the Senate. The conferees 
     direct that the Center spend no less than $3,874,000 on 
     programs related to the People's Republic of China, the same 
     level as fiscal year 2005. The conferees strongly encourage 
     the Center to focus on successful programs in the Pacific Rim 
     and Southeast Asia, in lieu of starting new programs in South 
     Asia.


                    National Endowment for Democracy

       The conference agreement includes $75,000,000 for the 
     National Endowment for Democracy (NED), instead of 
     $50,000,000 as proposed by the House and $88,800,000 as 
     proposed by the Senate.
       The conference agreement allocates funds to the following 
     activities:

                    National Endowment for Democracy

               [Budget authority in thousands of dollars]

                                                   Conference agreement
  Africa.........................................................$9,000
  Asia...........................................................10,000
  Middle East/North Africa.......................................22,550
  Central and Eastern Europe......................................4,000
  Independent States of the Former Soviet Union...................8,000
  Latin America/Caribbean.........................................7,700
  Multiregional...................................................4,000
Other:
  Democratic Activities...........................................1,500
  Administration..................................................8,250
                                                             __________
                                                             
    Total........................................................75,000

       The conference agreement adopts, by reference, language in 
     the House report regarding the International Center for 
     Democratic Transition, and language reaffirming NED's duty to 
     ensure that all sponsored activities adhere to core NED 
     principles and requiring a report on NED activities in 
     Venezuela.
       The conferees note the need for a systematic effort to 
     evaluate the impact of democracy programs and the process by 
     which strategic priorities are determined and funds are 
     allocated to advance democracy and U.S. national interests. 
     In light of the significant increase in NED resources, the 
     conferees believe that a thorough program review will improve 
     program results. In this regard, the conferees expect NED to 
     submit a report to the Committees by March 1, 2006 outlining 
     the methodologies proposed to evaluate NED democracy-
     promotion programs, to measure results, and to guide future 
     resource allocation decisions.

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 International Broadcasting Operations

       The conference agreement includes $641,450,000 to carry out 
     United States International Broadcasting Operations, instead 
     of $620,000,000 as proposed by the House and $603,394,000 as 
     proposed by the Senate. The conference agreement includes 
     funding for Broadcasting to Cuba under this account, at the 
     requested level, instead of in a separate account as proposed 
     by the Senate.
       The conference agreement allocates funding under this 
     account to the following activities:

                 International Broadcasting Operations

               [Budget authority in thousands of dollars]

                                                   Conference agreement
International Broadcasting Bureau (IBB):
  VOA..........................................................$168,994
  Engineering and Technical Services............................161,000
  Agency Direction...............................................25,500
  Management.....................................................46,000
  Program Support................................................16,800
                                                             __________
                                                             
    Subtotal, IBB...............................................418,294
Independent Grantee Organizations:
  RFE/RL.........................................................76,200
    (Farda).....................................................(4,500)
    (Afghan)....................................................(3,905)
    (Iraq)......................................................(1,858)
    (Moldova).....................................................(938)
    (Russian)...................................................(9,615)
    (Ukrainian).................................................(2,260)
    (News/Current Affairs)......................................(4,069)
  RFA............................................................30,200
  Middle East Broadcasting Networks..............................79,100
                                                             __________
                                                             
    Subtotal, Grantees..........................................185,500
Broadcasting to Cuba.............................................37,656
                                                               ==========
_______________________________________________________________________

    Total.......................................................641,450

       The conference agreement adopts, by reference, House 
     language regarding Arabic broadcasting, broadcasting to 
     Africa, language service review, anti-jamming efforts, 
     cooperation with the Department of Defense, Radio Free Asia 
     broadcasting in Uyghur, Korean and Cantonese, and programming 
     on religious freedom.
       The conferees recommend a total of $11,160,000 for the VOA 
     Persian Service and a

[[Page H9807]]

     total of $4,500,000 for RFE/RL's Radio Farda, increases 
     similar to those recommended by the Senate.
       The conference agreement includes funding under Engineering 
     and Technical Services and under VOA to support increased 
     programming, and increased medium wave and FM transmission of 
     U.S. International Broadcasting in Pashto to the Afghanistan-
     Pakistan border region. The conferees expect the Broadcasting 
     Board of Governors (BBG) to report to the Committees 60 days 
     after enactment of this Act on an implementation plan for 
     this initiative.
       Within the amount for Engineering and Technical Services, 
     the conferees expect that current efforts to enable satellite 
     television broadcasting to China will be continued.
       The conferees are concerned that funds allocated for the 
     establishment of radio transmitters for BBG programs overseas 
     remain unexpended as a result of lengthy negotiations with 
     host governments over permission to erect and operate 
     transmitters. The conferees direct the Department of State, 
     no later than 60 days after enactment of this Act, and every 
     90 days thereafter until September 30, 2006, to report to the 
     Committees on Appropriations on the status of any ongoing 
     negotiations with foreign governments for permission to 
     install and operate BBG transmitters. The report should 
     also include: the proposed locations of planned BBG 
     transmitters; the history of negotiations with the host 
     country (and developments in the interim between reports); 
     the rank and position of the Department of State personnel 
     conducting the negotiations; the rank and position of the 
     host nation officials participating in the negotiations; 
     the reasons cited by the host country for the lack of 
     progress; and the anticipated date that the transmitters 
     will be fully operational.


                   Broadcasting Capital Improvements

       The conference agreement includes $10,893,000 for 
     broadcasting capital improvements, as proposed by the House 
     and Senate.
       The conferees expect the Board to keep the Committees on 
     Appropriations informed on the status of its efforts to 
     acquire additional transmission capabilities in the Middle 
     East, including Egypt.
       The conference agreement allocates funding under this 
     account to the following activities:

                   Broadcasting Capital Improvements

               [Budget authority in thousands of dollars]

                                                   Conference agreement
Maintenance, Improvements, Replace and Repair:
  Continuing Maintenance and Repair..............................$4,902
  VOA TV............................................................769
  Security........................................................2,047
                                                             __________
                                                             
    Subtotal, MIRR:...............................................7,718
  Upgrade of Existing Facilities..................................2,375
  Satellite and Terrestrial Program Feeds...........................800
                                                             __________
                                                             
    Total, BCI:..................................................10,893

       General Provisions--Department of State and Related Agency

       The conference agreement includes section 401, permitting 
     the use of funds for allowances, differentials and 
     transportation.
       The conference agreement includes section 402 dealing with 
     transfer authority.
       The conference agreement includes section 403 prohibiting 
     the use of funds by the Department of State or the 
     Broadcasting Board of Governors to provide certain assistance 
     to the Palestinian Broadcasting Corporation.
       The conference agreement includes section 404 on the 
     responsibilities of the Senior Policy Operating Group on 
     Trafficking in Persons. The conferees understand that the 
     Operating Group has been actively meeting and performing its 
     designated functions since enactment of Section 406 of 
     division B of Public Law 108-7. The conferees agree that all 
     anti-trafficking policies, grants and grant policies shall be 
     covered by the provisions of Section 406 of division B of 
     Public Law 108-7. The conference agreement also includes 
     language clarifying that the Senior Policy Operating Group 
     and its chairman are the coordinating body (and official) 
     accountable for federal anti-trafficking policies, grants and 
     grant policies. The language also makes clear that the 
     coordinating responsibilities of the Operating Group are not 
     intended to supercede the decision making authority of the 
     constituent members of the Task Force to Monitor and Combat 
     Trafficking in Persons, to whom Operating Group members 
     continue to report. The Operating Group is, and was intended 
     to serve as, the forum for interagency coordination of anti-
     trafficking policies, even as final decisions regarding any 
     such policies are necessarily vested with the President and 
     the senior officials who comprise the Task Force. The 
     conferees agree that the Senior Operating Group and its chair 
     have successfully performed the coordinating functions 
     assigned to them.
       The conference agreement includes section 405 regarding the 
     recording of place of birth on certain passport applications.
       The conference agreement includes section 406 designating 
     funding for certain purposes in the Diplomatic and Consular 
     Programs account.
       The conference agreement includes section 407 waiving 
     certain authorization requirements.
       The conference agreement includes section 408 regarding 
     tables included in the Statement of the Managers accompanying 
     the Act, and describing certain notification requirements.
       The conference agreement includes section 409 limiting the 
     amount available under this title for payment to the United 
     Nations for expenses of international peacekeeping.
       The conference agreement includes section 410 extending the 
     authorization for the U.S. Advisory Commission on Public 
     Diplomacy. The conferees direct the Department of State to 
     submit to the Committees on Appropriations not later than 120 
     days after enactment of this Act a report that justifies 
     continued funding for the United States Advisory Commission 
     on Public Diplomacy and a detailed analysis of the 
     accomplishments of the Commission, to include its impact on 
     the formulation and conduct of United States foreign policy.
       The conference agreement includes section 411 prohibiting 
     funds to pay contributions to the United Nations if the 
     United Nations imposes any taxation on United States persons. 
     The conferees remain concerned with proposals by 
     international organizations to interfere with the sovereign 
     right of jurisdictions to pursue low-tax policies and direct 
     the Department of State to consider such behavior when 
     reporting whether continued participation in that 
     international organization serves the interests of the 
     United States.
       The conference agreement includes section 412 expressing a 
     sense of Congress regarding the renovation of the United 
     Nations headquarters building.
       The conference agreement includes section 413 prohibiting 
     the use of funds for any United Nations peacekeeping mission 
     that involves U.S. Armed Forces under the command or 
     operational control of a foreign national unless the 
     President certifies that the involvement is in the national 
     security interest.
       The conference agreement includes section 414 prohibiting 
     the use of funds to expand the U.S. diplomatic presence in 
     Vietnam beyond the level in effect July 11, 1995, unless the 
     President makes a certification that several conditions have 
     been met regarding Vietnam's cooperation with the United 
     States on POW/MIA issues.
       The conference agreement includes section 415 extending the 
     prohibition on the use of funds to issue a visa to any alien 
     involved in extrajudicial and political killings in Haiti, 
     including exemption and reporting requirements.
       The conference agreement includes section 416 regarding 
     Capital Security Cost Sharing.
       The conference agreement includes section 417 regarding 
     ceilings and earmarks of funding.
       The conference agreement does not include language adopted 
     by the House regarding administration of the State Department 
     Rewards for Justice Program. Absent the capture or death of 
     Osama Bin Laden and other top Al Qaeda terrorists, the 
     conferees direct the Department to report to the Committees 
     by March 31, 2006, on ways to strengthen the administration 
     and optimize the results of the State Department Rewards for 
     Justice Program as it applies to the senior leadership of Al 
     Qaeda, including the modifications included in the language 
     adopted by the House. This report shall be prepared in 
     consultation with the Department of Defense and the National 
     Security Council.
       The conference agreement does not include some provisions 
     included in the House bill that prohibit the use of funds in 
     violation of existing law. The House included such language 
     regarding child abduction, torture, and HIV/AIDS policy. 
     However, the conferees wish to highlight that none of the 
     funds in this Act are available to be used in contravention 
     of section 212(a) of the Immigration and Nationality Act, of 
     laws and regulations to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman, or 
     Degrading Treatment or Punishment, or of subsections (e) and 
     (f) of section 301 of the United States Leadership Against 
     HIV/AIDS, Tuberculosis, and Malaria Act of 2003.
       The conference agreement does not include a sense of the 
     Senate provision concerning abusive child labor practices in 
     the cocoa industry. The House did not address this matter. 
     However, the conferees are concerned with forced child labor 
     in cocoa plantations in West Africa and urge the cocoa 
     industry, the Department of State and others to meet the 
     recommendations contained in the Senate provision.
       The conference agreement does not include a House provision 
     regarding the denial of visas to citizens of countries that 
     deny or unreasonably delay accepting the return from the 
     United States of citizens, subjects, nationals, and residents 
     of that country. The Senate did not address this matter. The 
     conferees urge the Department of State to exercise the 
     authorities that already exist under Section 243(d) of the 
     Immigration and Nationality Act.
       The conference agreement does not include a Senate 
     provision requiring a report on assistance to victims of 
     crime in foreign countries. The House did not address this 
     matter. The conferees encourage the Department of State to 
     track the number of United States citizens who were victims 
     of violent crime and to review current services to assist 
     those citizens and determine if additional services are 
     required.

                       TITLE V--RELATED AGENCIES

                   Antitrust Modernization Commission


                         salaries and expenses

       The conference agreement includes $1,172,000 for the 
     Antitrust Modernization Commission, as proposed by the House. 
     The

[[Page H9808]]

     Senate did not propose funding for this Commission.

      Commission for the Preservation of America's Heritage Abroad


                         salaries and expenses

       The conference agreement includes $499,000 for the 
     Commission as proposed in the House and Senate bills.

                       Commission on Civil Rights


                         Salaries and Expenses

       The conference agreement includes $9,048,000 for the 
     salaries and expenses of the Commission on Civil Rights, 
     instead of $9,096,000 as proposed by the House and $9,000,000 
     as proposed by the Senate.
       The conferees are concerned about the financial 
     mismanagement that has occurred at the Commission in previous 
     years but are encouraged by the Commission's recent efforts 
     to embrace the Government Accountability Office's (GAO) 
     recommendations for improving agency operations. The 
     conferees expect the Commission to submit, thirty (30) days 
     after the end of each quarter, reports detailing: (1) 
     expenditures by object classification; (2) all existing staff 
     vacancies; and (3) any hiring that occurred during the 
     preceding quarter.
       The conferees expect the Commission to submit a detailed 
     budget justification concurrent with the President's annual 
     budget request, which is due on or before the first Monday in 
     February pursuant to 31 U.S.C. 1105 (a).

             Commission on International Religious Freedom


                         Salaries and Expenses

       The conference agreement includes $3,300,000 for the 
     Commission on International Religious Freedom, instead of 
     $3,200,000 as proposed by the House and $1,000,000 as 
     proposed by the Senate. The conference agreement makes funds 
     appropriated under this heading available until September 30, 
     2007.

            Commission on Security and Cooperation in Europe


                         salaries and expenses

       The conference agreement includes $2,030,000 for the 
     Commission on Security and Cooperation in Europe as proposed 
     in the House and Senate bills. The conference agreement makes 
     funds appropriated under this heading available until 
     September 30, 2007.

  Congressional-Executive Commission on the People's Republic of China


                         salaries and expenses

       The conference agreement includes $1,900,000 for the 
     Congressional-Executive Commission on the People's Republic 
     of China as proposed in the House and Senate bills. The 
     conference agreement makes funds appropriated under this 
     heading available until September 30, 2007.

                Equal Employment Opportunity Commission


                         Salaries and Expenses

       The conference agreement includes $331,228,000, as proposed 
     by both the House and the Senate. The amount provided is the 
     same as the budget request.
       The conference agreement adopts, by reference, language in 
     the House report requiring a quarterly accounting of 
     expenditures, including any changes resulting from 
     repositioning activities.
       The conference agreement adopts, by reference, language in 
     the Senate report regarding salaries and staffing, and an 
     analysis of investigation and enforcement levels. The 
     conferees direct the EEOC to continue to work to resolve 
     concerns regarding the pending repositioning plan.
       The conferees remind the EEOC of the reprogramming 
     requirements of section 605 of this Act.

                   Federal Communications Commission


                         Salaries and Expenses

       The conference agreement includes $289,771,000 for the 
     salaries and expenses of the Federal Communications 
     Commission, as proposed by the House instead of $297,370,000 
     as proposed by the Senate. Of the amounts provided, 
     $288,771,000 is to be derived from offsetting fee 
     collections, resulting in a net direct appropriation of 
     $1,000,000.
       The conference agreement includes a limitation on 
     expenditures to administer spectrum auctions, as proposed by 
     the Senate.
       The conference agreement adopts, by reference, language in 
     the House report regarding the FCC's budget presentation, 
     acceptance of travel payments, and the Universal Service 
     Fund. The conference agreement adopts, by reference, language 
     in the Senate report regarding broadcast television 
     standards.
       The conferees understand that the FCC plans to convene a 
     panel of experts from the public safety and communications 
     industry to perform an independent review and make 
     recommendations on ways to improve disaster preparedness, 
     network robustness and reliability, and public safety 
     operations. The conferees support this concept and encourage 
     the FCC to work with its Federal partners at the Departments 
     of Justice, Homeland Security, and Commerce to best address 
     public safety needs, especially in the wake of a natural 
     disaster or terrorist attack. The FCC should report to the 
     Committees on Appropriations by March 1, 2006, on the work of 
     this panel.
       In September of 2005, the FCC announced a planned 
     reorganization. The conferees were surprised that this 
     announcement was made prior to submission of a reprogramming 
     notification to the Committees on Appropriations, as required 
     by section 605 of this Act and previous Departments of 
     Commerce, Justice, and State, the Judiciary and Related 
     Agencies Appropriations Acts. The conferees remind the FCC 
     that the Committees on Appropriations take very seriously the 
     statutory requirement of advanced notification before any 
     reorganization is implemented. The conferees direct the FCC 
     to immediately submit its reorganization plan.
       The conferees note that in a hearing before the House 
     Committee on Appropriations, the FCC stated that an 
     incremental approach to renovating the Columbia, Maryland, 
     laboratory was being considered. The conferees expect the FCC 
     to provide a final recommendation on this project by January 
     30, 2006.
       The conferees are aware that the FCC has initiated a pilot 
     program to modernize its radiation monitoring equipment. 
     Specifically, the FCC is testing selective radiation meters 
     (SRMs) with an evaluation of the pilot program expected in 
     April, 2006. The conferees support this effort. If the FCC 
     determines the pilot project is successful, the conferees 
     encourage the FCC to include sufficient funding in future 
     budget submissions to complete the modernization of its 
     monitoring systems. The conferees also agree to consider a 
     reprogramming of fiscal year 2006 funds to accelerate the 
     transition to the new technology if the FCC determines it is 
     warranted.

                        Federal Trade Commission


                         Salaries and Expenses

       The conference agreement includes $211,000,000 for the 
     Federal Trade Commission (FTC), as proposed by both the House 
     and the Senate. Of the amounts provided, $116,000,000 is 
     derived from Hart-Scott-Rodino premerger filing fees, 
     $23,000,000 is derived from Do-Not-Call fees, and $72,000,000 
     is derived from discretionary appropriations. The amount 
     provided fully supports the budget request.
       The conference agreement incorporates, by reference, 
     language in the Senate report regarding the exposure of 
     children to violent entertainment, the Children's Online 
     Privacy Protection Act, and childhood obesity.
       In section 632 of this Act, the conferees provide 
     $1,000,000 for the FTC to conduct an investigation into 
     nationwide gas prices, as proposed by the Senate.
       The conferees strongly support the continued occupancy of 
     the FTC in its current building, the FTC Building, located at 
     600 Pennsylvania Avenue, Northwest, in the District of 
     Columbia. The conferees are concerned that moving the 
     Commission out of its current location could raise rent costs 
     and therefore unnecessarily increase must-pay bills. In 
     addition, the FTC building, which was originally designed and 
     built for the agency in 1938, is well-suited for the 
     Commission's essential functions. In particular, the three 
     large ceremonial courtrooms continue to serve the needs of 
     the Commission to meet and adjudicate competition and 
     consumer protection cases. For these reasons, the conferees 
     are troubled by a recent effort to relocate the Commission 
     and expect the FTC to provide updates to the Committees on 
     Appropriations on any further consideration of this matter.

                       Legal Services Corporation


               PAYMENT TO THE LEGAL SERVICES CORPORATION

       The conference agreement includes $330,803,000 for the 
     payment to the Legal Services Corporation, the same as 
     proposed by the House, instead of $358,527,000 as proposed by 
     the Senate.
       The conference agreement includes $312,375,000 for basic 
     field programs, to be used for competitively awarded grants 
     and contracts, $12,825,000 for management and administration, 
     $1,255,000 for client self-help and information technology, 
     $2,539,000 for the Office of the Inspector General, and 
     $1,809,000 for grants to offset losses due to census 
     adjustments.
       The conferees incorporate, by reference, language in the 
     House report regarding rent costs.


          ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION

       The conference agreement includes bill language to continue 
     the terms and conditions included under this section in 
     previous Appropriations Acts.

                        Marine Mammal Commission


                         Salaries and Expenses

       The conference agreement includes $2,920,000 for the Marine 
     Mammal Commission, instead of $1,865,000 as proposed by the 
     House and $2,000,000 as proposed by the Senate.

           National Veterans Business Development Corporation

       The conference agreement includes $1,500,000 for the 
     National Veterans Business Development Corporation, instead 
     of $2,000,000 as proposed by the Senate and $1,000,000 as 
     proposed by the House (via transfer from Small Business 
     Administration, Salaries and Expenses).
       The conferees note that fiscal year 2004 was the last year 
     the Corporation was authorized to receive appropriated funds, 
     but that start-up of the Corporation was delayed. The 
     conferees encourage the Corporation to make its operations 
     self-sustaining by fiscal year 2007.

                   Securities and Exchange Commission


                         Salaries and Expenses

       The conference agreement includes $888,117,000 for the 
     Securities and Exchange

[[Page H9809]]

     Commission (SEC), as proposed by the House and the Senate. 
     The amount provided fully supports the budget request.
       The conference agreement includes $10,000 to fund a 
     permanent secretariat for the International Organization of 
     Securities Commissions, as proposed by the House instead of 
     $13,000 as proposed by the Senate.
       The conference agreement incorporates, by reference, 
     language in the Senate report requiring quarterly updates on 
     the health of financial markets and supporting continued 
     hiring. The conference agreement incorporates, by reference, 
     language in the House report regarding protecting Americans 
     from investing in companies with ties to terrorism and human 
     rights violations.
       The conferees note that during fiscal year 2005, the SEC 
     identified unbudgeted costs of approximately $48,000,000, 
     resulting from misestimates and omissions of costs associated 
     with the construction of its new facilities in Washington, 
     DC, and improvements in its new leased facilities in New 
     York, NY, and Boston, MA. The Government Accountability 
     Office (GAO) submitted a report on this matter on October 20, 
     2005. The conferees urge the SEC to immediately implement the 
     recommendations of the GAO report, namely: to establish 
     accountability at both the staff and management levels to 
     oversee the formulation of budgets; to create regular 
     reporting and review procedures related to the three 
     construction and lease improvement projects; to improve 
     communication and consultation with operating units; to 
     evaluate options for budget and facilities management; and 
     complete the hiring of new positions in the Office of 
     Administrative Services and the Office of Financial 
     Management. The conferees direct the SEC to submit a report 
     to the Committees on Appropriations on the implementation of 
     these GAO recommendations within 90 days of enactment of this 
     Act.

                     Small Business Administration

       The conference agreement provides a total of $456,397,000 
     for the five appropriations accounts of the Small Business 
     Administration (SBA). Detailed guidance for the five SBA 
     appropriation accounts is contained in the following 
     paragraphs.


                         salaries and expenses

       The conference agreement provides $313,029,000 for the 
     salaries and expenses account of the SBA, instead of 
     $304,588,000 as proposed by the House and $336,084,000 as 
     proposed by the Senate. Of the amounts provided under this 
     heading, $184,529,000 is for operating expenses of the SBA. 
     In addition, a total of $134,807,000 from other SBA accounts 
     may be transferred to and merged with the salaries and 
     expenses account, resulting in a total availability for 
     salaries and expenses of $319,336,000. The additional amount 
     consists of $125,807,000 from the Business Loans Program 
     account and $9,000,000 from the Disaster Loans Program 
     account for the administrative expenses related to those 
     accounts.
       The conferees understand that the Administration is phasing 
     out the Low Documentation Processing (Low-Doc) program but 
     that no jobs will be lost. Staff that previously worked in 
     the Low-Doc program will now process other business loan 
     applications. The conferees understand that small business 
     borrowers will continue to have access to streamlined loan 
     applications through the SBA Express program. The conferees 
     expect the SBA to continue to help small businesses adapt to 
     a paperless procurement environment and assist small 
     businesses with regulatory compliance issues through the 
     Small Business Compliance Alliance. The conferees expect SBA 
     to continue to enhance opportunities for small businesses to 
     partner with the manufacturing sector. The conferees continue 
     to support the defense transition program.
       The conferees adopt, by reference, the House report 
     language concerning information technology systems and 
     language requiring a report on the Small Business Development 
     Centers, Women's Business Centers (WBC), and the Service 
     Corps of Retired Executives (SCORE). The conferees adopt, by 
     reference, House and Senate language regarding modifications 
     to the HUBZone program. The SBA shall report to the 
     Committees on Appropriations on proposed changes to the 
     HUBZone program no later than 30 days after enactment of this 
     Act.
       Non-Credit Programs.--The conferees expect that no less 
     than the following amounts shall be dedicated to these non-
     credit programs of the SBA:

Veterans Programs..............................................$750,000
7(j) Technical Assistance Programs............................1,500,000
Small Business Development Centers...........................89,000,000
SCORE.........................................................5,000,000
Women's Business Centers.....................................12,500,000
Women's Business Council........................................750,000
Native American Outreach......................................1,000,000
Drug-free Workplace Program...................................1,000,000
Microloan Technical Assistance...............................13,000,000
PRIME Technical Assistance....................................2,000,000
HUBZones......................................................2,000,000
                                                       ________________
                                                       
      Total, non-credit programs............................128,500,000

       In addition, the conferees expect that the Advocacy 
     Research, National Ombudsman, United States Export Assistance 
     Centers, 8(a), and Office of Women's Business Ownership 
     programs receive no less than the fiscal year 2005 level of 
     funding. The conferees adopt, by reference, the Senate 
     language regarding the Small Disadvantaged Business Program.
       The conference agreement includes bill language allowing 
     WBCs in sustainability status to continue to receive grants 
     and designates 41 percent of the total WBC funding for 
     centers in sustainability status.


                      office of inspector general

       The conference agreement provides $13,900,000 for the 
     Office of Inspector General of the Small Business 
     Administration, instead of $13,500,000 as proposed by the 
     House and $14,500,000 as proposed by the Senate. The 
     conferees recognize that because of the high number of recent 
     Federal disaster declarations, the Office of Inspector 
     General must conduct vigorous oversight of the disaster loan 
     program to eliminate waste, fraud, and abuse in the disaster 
     loan program. For this reason, the conference agreement 
     includes language allowing an additional $1,500,000 to be 
     transferred to this account from the Disaster Loans Program 
     Account.


                 surety bond guarantees revolving fund

       The conference agreement provides $2,861,000 under this 
     account, as proposed by the House, instead of $3,000,000 as 
     proposed by the Senate.


                     business loans program account

                     (including transfers of funds)

       The conference agreement provides $126,607,000, consisting 
     of $1,300,000 for subsidies for direct business loans and 
     $125,807,000 for administrative expenses related to business 
     loan programs. The amount provided for administrative 
     expenses may be transferred to and merged with the 
     appropriation for SBA Salaries and Expenses to cover the 
     common overhead expenses associated with business loans. The 
     conference agreement also includes a provision allowing 
     $500,000 of prior year balances to be transferred to the 
     Salaries and Expenses account.


                     disaster loans program account

                     (including transfers of funds)

       The conference agreement includes no new funding for the 
     Disaster Loans Program Account, in accordance with the 
     amendment to the President's Budget that was submitted to the 
     Congress on July 15, 2005.
       The conference agreement includes bill language 
     transferring $9,000,000 of prior year balances to the 
     Salaries and Expenses account for indirect administrative 
     expenses and $1,500,000 to the Office of Inspector General 
     account for oversight of the disaster loan program.
       The conferees understand that the emergency appropriations 
     provided in response to natural disasters at the end of 
     fiscal year 2004 greatly exceeded the actual need for loans 
     to affected businesses and individuals. In fact, over 
     $600,000,000 was carried forward into fiscal year 2006; 
     therefore, the conferees expect that carryover balances shall 
     be applied to meet the disaster loan program's needs. For 
     this reason, the conference agreement does not provide an 
     additional appropriation for fiscal year 2006. The conferees 
     request that the SBA continue to provide a monthly status 
     report on disaster loan activity to the Committees on 
     Appropriations.


         administrative provision-small business administration

       The conference agreement includes bill language allowing 
     transfers between accounts.

                        State Justice Institute


                         salaries and expenses

       The conference agreement provides $3,500,000 for the State 
     Justice Institute (SJI), instead of $2,000,000 as proposed by 
     the House and $5,000,000 as proposed by the Senate.
       The conferees expect that successful applicants for new and 
     continuing SJI grants will provide a cash match of not less 
     than 50 percent of the total cost of the project. In 
     addition, the conferees support SJI's grant requirements and 
     remind grantees that adherence to grant guidelines is 
     required in order to receive further Federal funding.

      United States-China Economic and Security Review Commission


                         salaries and expenses

       The conference agreement includes $3,000,000 for the United 
     States-China Economic and Security Review Commission, instead 
     of $4,000,000 as proposed by the House and $2,800,000 as 
     proposed by the Senate.

                    United States Institute of Peace


                           operating expenses

       The conference agreement includes $22,350,000 for the 
     United States Institute of Peace, instead of $22,850,000 as 
     proposed by the House and $21,850,000 as proposed by the 
     Senate. The conference agreement makes funds appropriated 
     under this heading available until September 30, 2007.
       Within the amount provided, the conferees expect the 
     Institute to continue high priority activities with regard to 
     Sudan and Iraq, as well as follow-on activities related to 
     the recommendations in the report of the Institute's Task 
     Force on the United Nations.

          United States Senate-China Interparliamentary Group


                         salaries and expenses

       The conference agreement includes $150,000 for the United 
     States Senate-China Interparliamentary Group as proposed by 
     the Senate. The House bill did not include funding for this 
     activity.

[[Page H9810]]

                      TITLE VI--GENERAL PROVISIONS

       The conference agreement includes the following General 
     Provisions:
       Sec. 601.--The conference agreement includes section 601 
     regarding the use of appropriations for publicity and 
     propaganda purposes.
       Sec. 602.--The conference agreement includes section 602 
     regarding the availability of appropriations for obligation 
     beyond the current fiscal year.
       Sec. 603.--The conference agreement includes section 603 
     regarding the use of funds for consulting purposes.
       Sec. 604.--The conference agreement includes section 604 
     providing that should any provision of the Act be held to be 
     invalid, the remainder of the Act would not be affected.
       Sec. 605.--The conference agreement includes section 605 
     regarding the policy by which funding available to the 
     agencies funded under this Act may be reprogrammed for other 
     purposes.
       Sec. 606.--The conference agreement includes section 606 
     prohibiting funds in the bill from being used to implement, 
     administer, or enforce any guidelines of the Equal Employment 
     Opportunity Commission (EEOC) similar to proposed guidelines 
     covering harassment based on religion published by the EEOC 
     in October 1993.
       Sec. 607.--The conference agreement includes section 607 
     regarding the purchase of American made products.
       Sec. 608.--The conference agreement includes section 608 
     that requires agencies to provide quarterly reports to the 
     Committees on Appropriations regarding unobligated balances.
       Sec. 609.--The conference agreement includes section 609 
     requiring agencies and departments funded in this Act to 
     absorb any necessary costs related to downsizing or 
     consolidation within the amounts provided to the agency or 
     department.
       Sec. 610.--The conference agreement includes section 610 
     regarding the sale or export of tobacco or tobacco products.
       Sec. 611.--The conference agreement includes section 611 
     that prohibits a user fee from being charged for background 
     checks conducted pursuant to the Brady Handgun Control Act of 
     1993, and prohibits implementation of a background check 
     system which does not require or result in destruction of 
     certain information.
       Sec. 612.--The conference agreement includes section 612 
     regarding amounts available under the Crime Victims Fund.
       Sec. 613.--The conference agreement includes section 613 
     providing additional amounts for the Small Business 
     Administration.
       Sec. 614.--The conference agreement includes section 614 
     prohibiting the use of Department of Justice funds for 
     programs that discriminate against, denigrate, or otherwise 
     undermine the religious beliefs of students participating in 
     such programs.
       Sec. 615.--The conference agreement includes section 615 
     regarding the Small Business Administration Disaster Loans 
     Program.
       Sec. 616.--The conference agreement includes section 616 
     regarding transfers of funds.
       Sec. 617.--The conference agreement includes section 617 
     regarding the implementation of telecommuting programs.
       The conference agreement includes language requiring 
     certain agencies funded in this Act to certify to the 
     Committees on Appropriations that telecommuting opportunities 
     have increased over the levels reported in fiscal year 2005.
       The Government Accountability Office (GAO) recently 
     concluded a review of these agencies' efforts on telework and 
     found inconsistencies among them, both in identifying the 
     telework-eligible population and in reporting. The conferees 
     expect the agencies to work diligently to address both of 
     these issues and to report on their progress in their 
     quarterly reports.
       The conferees expect each of the agencies to do the 
     following: Expand telework-eligible population; put in place 
     telework agreements for all eligible employees; and actively 
     promote telework opportunities. In order to eliminate any 
     negative perceptions about staff who choose to telework, 
     agencies should consider providing training to managers on 
     the benefits of telework arrangements.
       The conferees are troubled that many of the agencies' 
     telework programs do not even have a standardized manner in 
     which to report participation. The conferees expect each of 
     these agencies to implement time and attendance systems that 
     will allow more accurate reporting.
       Finally, the conferees expect the agencies' quarterly 
     reports to highlight the following: (1) The agency population 
     eligible to telework, including a comparison to the previous 
     fiscal year; (2) the actual participation rate of the 
     eligible population, including permanent, ad hoc, and 
     episodic arrangements; and (3) the expansion of the eligible 
     population.
       Sec. 618.--The conference agreement includes section 618 
     regarding the negotiation or reevaluation of international 
     agreements.
       Sec. 619.--The conference agreement includes section 619 
     regarding the implementation of telecommuting programs.
       Sec. 620.--The conference agreement includes section 620 
     regarding E-government initiatives.
       Sec. 621.--The conference agreement includes section 621 
     regarding firearms tracing studies.
       Sec. 622.--The conference agreement includes section 622 
     prohibiting the Federal Communications Commission to change 
     rules governing the Universal Service Fund regarding single 
     connection or primary line restrictions.
       Sec. 623.--The conference agreement includes section 623 
     regarding patents.
       Sec. 624.--The conference agreement includes section 624 
     that prohibits the use of funds to support or justify the use 
     of torture.
       Sec. 625.--The conference agreement includes section 625 
     regarding Capital Security Cost Sharing.
       Sec. 626.--The conference agreement includes section 626 
     prohibiting funds for certain separation payments.
       Sec. 627.--The conference agreement includes section 627 
     regarding a certain land sale.
       Sec. 628.--The conference agreement includes section 628 
     regarding the development of a national aeronautics policy.
       Sec. 629.--The conference agreement includes section 629 
     regarding the export of firearms.
       Sec. 630.--The conference agreement includes section 630 
     regarding the use of funds to process permits to import 
     certain products.
       Sec. 631.--The conference agreement includes section 631 
     prohibiting funds to include certain language in new trade 
     agreements.
       Sec. 632.--The conference agreement includes section 632 
     designating funding for a Federal Trade Commission 
     investigation on gasoline prices.
       Sec. 633.--The conference agreement includes section 633 
     extending a certain exemption for the Universal Service Fund.
       Sec. 634.--The conference agreement includes section 634 
     limiting attendance at international conferences.
       Sec. 635.--The conference agreement includes section 635 
     regarding the responsibilities of the United States-China 
     Economic and Security Review Commission.
       Sec. 636.--The conference agreement includes section 636 
     regarding certain balances.
       Sec. 637.--The conference agreement includes section 637 
     prohibiting funds for United States delegations to United 
     Nations entities in certain circumstances.


                              (rescission)

       Sec. 638.--The conference agreement includes section 638 
     regarding amounts provided in this Act.

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration


                          Working Capital Fund

                              (Rescission)

       The conference agreement includes a rescission of 
     $2,500,000 from unobligated balances in this account.

                            Legal Activities


                         Assets Forfeiture Fund

                              (Rescission)

       The conference agreement includes a rescission of 
     $102,000,000 from unobligated balances in this account, 
     instead of $62,000,000 as proposed by the House and 
     $82,000,000 as proposed by the Senate.

                    Federal Bureau of Investigation


                         Salaries and Expenses

                              (Rescission)

       The conference agreement includes a rescission of 
     $25,000,000 from unobligated balances in this account, 
     instead of $103,502,000 as proposed by the Senate.

                       Office of Justice Programs


                              (Rescission)

       The conference agreement includes a rescission of 
     $110,500,000 from unobligated balances available to the 
     Office of Justice Programs from prior year appropriations. 
     The conferees direct the Department not to rescind funding 
     from the State Criminal Alien Assistance Program, Prison Rape 
     Prevention and Prosecution Programs, gang prevention 
     programs, or from the Victims of Trafficking program.


                  Community Oriented Policing Services

                              (Rescission)

       The conference agreement includes a rescission of 
     $86,500,000 from the unobligated balances available in this 
     account, as proposed by the House.

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                              (Rescission)

       The conference agreement includes a rescission of 
     $25,000,000 from the unobligated balances available under 
     this heading.

                            RELATED AGENCIES

                   Federal Communications Commission


                         Salaries and Expenses

                              (Rescission)

       The conference agreement includes a rescission of 
     $25,300,000 from the unobligated balances available in this 
     account.

                        Federal Trade Commission


                         Salaries and Expenses

                              (Rescission)

       The conference agreement includes a rescission of 
     $12,000,000 from the unobligated balances available in this 
     account.

                        Marine Mammal Commission


                         Salaries and Expenses

                              (Rescission)

       The conference agreement includes a rescission of $920,000 
     from the unobligated balances available in this account.

[[Page H9811]]

                     Small Business Administration


                         Salaries and Expenses

                              (Rescission)

       The conference agreement includes a rescission of 
     $3,000,000 from the unobligated balances available in this 
     account.

                     Business Loans Program Account


                              (Rescission)

       The conference agreement includes a rescission of 
     $4,000,000 from the unobligated balances available in this 
     account.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2006 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2005 amount, the 2006 
     budget estimates, and the House and Senate bills for 2006 
     follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2005.......$62,939,025
Budget estimates of new (obligational) authority, fiscal year64,158,909
House bill, fiscal year 2006.................................61,293,285
Senate bill, fiscal year 2006................................63,209,272
Conference agreement, fiscal year 2006.......................61,797,098
Conference agreement compared with:....................................
    New budget (obligational) authority, fiscal year 2005....-1,141,927
    Budget estimates of new (obligational) authority, fiscal -2,361,811
    House bill, fiscal year 2006...............................+503,813
    Senate bill, fiscal year 2006............................-1,412,174

     Frank R. Wolf,
     Charles H. Taylor,
     Mark Steven Kirk,
     Dave Weldon,
     Virgil Goode, Jr.,
     Ray LaHood,
     John Abney Culberson,
     Rodney Alexander,
     Jerry Lewis,
     Alan B. Mollohan,
     Jose E. Serrano,
     Bud Cramer,
     Patrick J. Kennedy,
     Chaka Fattah,
                                Managers on the Part of the House.

     Richard C. Shelby,
     Judd Gregg,
     Ted Stevens,
     Pete V. Domenici,
     Mitch McConnell,
     Kay Bailey Hutchison,
     Sam Brownback,
     Kit Bond,
     Thad Cochran,
     Barbara Mikulski,
     Daniel K. Inouye,
     Patrick Leahy,
     Herb Kohl,
     Patty Murray,
     Tom Harkin,
     Byron L. Dorgan,
     Robert C. Byrd,
     Managers on the Part of the Senate.

                          ____________________