[United States Statutes at Large, Volume 119, 109th Congress, 1st Session] [From the U.S. Government Publishing Office, www.gpo.gov] 119 STAT. 2290 Public Law 109-108 109th Congress An Act 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. NOTE: Nov. 22, 2005 - [H.R. 2862] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, NOTE: Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2006, and for other purposes, namely: TITLE NOTE: Department of Justice Appropriations Act, 2006. 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. [[Page 2291]] 119 STAT. 2291 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. 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 [[Page 2292]] 119 STAT. 2292 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. [[Page 2293]] 119 STAT. 2293 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. [[Page 2294]] 119 STAT. 2294 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 [[Page 2295]] 119 STAT. 2295 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. 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, NOTE: 18 USC 923 note. That no funds appropriated under this or any other Act [[Page 2296]] 119 STAT. 2296 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, NOTE: Applicability. 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. [[Page 2297]] 119 STAT. 2297 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, NOTE: 42 USC 250a. 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 [[Page 2298]] 119 STAT. 2298 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 2299]] 119 STAT. 2299 (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-- [[Page 2300]] 119 STAT. 2300 (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 [[Page 2301]] 119 STAT. 2301 (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 NOTE: Notification. 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 transfers 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 [[Page 2302]] 119 STAT. 2302 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-- (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-- [[Page 2303]] 119 STAT. 2303 (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 NOTE: Applicability. Grants. of the Act: Provided further, That section 702(a) of Public Law 88-352 shall apply to any grants for World Vision, described in House Report No. 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 NOTE: Abortion. 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. [[Page 2304]] 119 STAT. 2304 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. NOTE: 5 USC 3104 note. 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. NOTE: Applicability. 28 USC 533 note. 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. NOTE: Establishment. 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 NOTE: Deadline. within 90 days of enactment of this Act, the Department shall submit a plan that outlines the governance [[Page 2305]] 119 STAT. 2305 structure and membership of the NOTE: Deadline. 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. NOTE: Establishment. 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 NOTE: Deadline. 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 NOTE: Deadline. 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 section 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. NOTE: Bulletproof vests. 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''. [[Page 2306]] 119 STAT. 2306 TITLE II--DEPARTMENT NOTE: Department of Commerce and Related Agencies Appropriations Act, 2006. 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 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 [[Page 2307]] 119 STAT. 2307 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, NOTE: Applicability. 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 NOTE: Applicability. 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 [[Page 2308]] 119 STAT. 2308 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, NOTE: 13 USC 5 note. That none of the funds provided in this or any other Act [[Page 2309]] 119 STAT. 2309 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 [[Page 2310]] 119 STAT. 2310 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 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''. [[Page 2311]] 119 STAT. 2311 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, NOTE: 15 USC 1513b. 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, 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 [[Page 2312]] 119 STAT. 2312 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, NOTE: 15 USC 1513a. That beginning in [[Page 2313]] 119 STAT. 2313 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, 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, NOTE: Contracts. California. 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 [[Page 2314]] 119 STAT. 2314 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. 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, NOTE: Notification. Deadline. 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 [[Page 2315]] 119 STAT. 2315 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''. [[Page 2316]] 119 STAT. 2316 TITLE NOTE: Science Appropriations Act, 2006. 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- [[Page 2317]] 119 STAT. 2317 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 2318]] 119 STAT. 2318 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. [[Page 2319]] 119 STAT. 2319 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 NOTE: Department of State and Related Agency Appropriations Act, 2006. 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 [[Page 2320]] 119 STAT. 2320 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 NOTE: Deadline. Notification. 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 [[Page 2321]] 119 STAT. 2321 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 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. [[Page 2322]] 119 STAT. 2322 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, NOTE: 22 USC 269a note. 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, NOTE: Notification. Deadline. 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, NOTE: Deadline. Notification. 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 [[Page 2323]] 119 STAT. 2323 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, NOTE: Certification. 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 NOTE: 22 USC 269a note. 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 [[Page 2324]] 119 STAT. 2324 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 [[Page 2325]] 119 STAT. 2325 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, 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: [[Page 2326]] 119 STAT. 2326 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. NOTE: Palestinian Broadcasting Corporation. 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. NOTE: Records. Israel. 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''. [[Page 2327]] 119 STAT. 2327 (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) NOTE: Notification. Deadline. 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 No. 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. NOTE: United Nations. 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, NOTE: Notification. 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. NOTE: United Nations. 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) NOTE: Applicability. 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) NOTE: Applicability. 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 [[Page 2328]] 119 STAT. 2328 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. [[Page 2329]] 119 STAT. 2329 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 NOTE: Notification. available funds: Provided further, That the Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations have been notified of such proposals, in accordance with the reprogramming provisions of section 605 of this Act. Federal Communications Commission Salaries and Expenses For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official reception and representation expenses; purchase and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109, $289,771,000: Provided, That $288,771,000 of offsetting collections shall be assessed and collected pursuant to section 9 of title I of the Communications Act of 1934, shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That 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 [[Page 2330]] 119 STAT. 2330 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. [[Page 2331]] 119 STAT. 2331 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 [[Page 2332]] 119 STAT. 2332 $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 [[Page 2333]] 119 STAT. 2333 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 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 [[Page 2334]] 119 STAT. 2334 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. NOTE: Contracts. Public information. 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) NOTE: Notification. Deadline. 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. [[Page 2335]] 119 STAT. 2335 (b) NOTE: Notification. Deadline. 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. NOTE: Religious harassment. 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. NOTE: Records. 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. [[Page 2336]] 119 STAT. 2336 Sec. 610. NOTE: Tobacco and tobacco products. 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. NOTE: Firearms. 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. NOTE: 42 USC 10601 note. 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, [[Page 2337]] 119 STAT. 2337 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 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 [[Page 2338]] 119 STAT. 2338 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 Competitive 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 [[Page 2339]] 119 STAT. 2339 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 [[Page 2340]] 119 STAT. 2340 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 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. NOTE: Discrimination. 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. NOTE: Loans. Alaska. North Dakota. 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. NOTE: Deadline. Certification. Telecommuting. 5 USC 6120 note. 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 [[Page 2341]] 119 STAT. 2341 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, NOTE: Reports. 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, NOTE: Designation. 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. NOTE: Deadline. Certification. Telecommuting. 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 NOTE: Reports. 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 NOTE: Designation. 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) NOTE: Firearms. 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. [[Page 2342]] 119 STAT. 2342 (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. NOTE: Torture. 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. NOTE: Certification. 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 NOTE: President. Guidelines. 42 USC 2451 note. 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 [[Page 2343]] 119 STAT. 2343 (4) the budget assumptions on which the national aeronautics policy is based. (c) Considerations.--In NOTE: President. 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; (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 [[Page 2344]] 119 STAT. 2344 (C) articles for export from Canada to another foreign destination. (c) NOTE: Canada. In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen. (d) NOTE: President. Federal Register, publication. 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. NOTE: President. 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. NOTE: Gasoline and petroleum. 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 [[Page 2345]] 119 STAT. 2345 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, NOTE: Notification. 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 NOTE: Reports. Deadlines. 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 NOTE: 118 Stat. 3998. 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. [[Page 2346]] 119 STAT. 2346 Sec. 635. (a) Modification NOTE: Reports. 22 USC 7002 note. 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. [[Page 2347]] 119 STAT. 2347 (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 NOTE: 22 USC 7002. 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. NOTE: 118 Stat. 2922. 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). 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. [[Page 2348]] 119 STAT. 2348 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. [[Page 2349]] 119 STAT. 2349 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''. Approved November 22, 2005. LEGISLATIVE HISTORY--H.R. 2862: --------------------------------------------------------------------------- HOUSE REPORTS: Nos. 109-118 (Comm. on Appropriations) and 109-272 (Comm. of Conference). SENATE REPORTS: No. 109-88 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 151 (2005): June 14-16, considered and passed House. Sept. 8, 9, 12-15, considered and passed Senate, amended. Nov. 9, House agreed to conference report. Nov. 16, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005): Nov. 22, Presidential statement.