H.R. 3058 — Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006

[109th Congress Public Law 115]
[From the U.S. Government Publishing Office]


[DOCID: f:publ115.109]

[[Page 2395]]

TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT, THE JUDICIARY, 
 THE DISTRICT OF COLUMBIA, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 
                                  2006

[[Page 119 STAT. 2396]]

Public Law 109-115
109th Congress

                                 An Act


 
 Making appropriations for the Departments of Transportation, Treasury, 
and Housing and Urban Development, the Judiciary, District of Columbia, 
and independent agencies for the fiscal year ending September 30, 2006, 
     and for other purposes. <<NOTE: Nov. 30, 2005 -  [H.R. 3058]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Transportation, Treasury, 
Housing and Urban Development, the Judiciary, the District of Columbia, 
and Independent Agencies Appropriations Act, 2006.  Transportation, 
Treasury, Housing and Urban Development, the Judiciary, and Independent 
Agencies Appropriations Act, 2006.  Department of Transportation 
Appropriations Act, 2006.>> assembled,

DIVISION A--TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT, THE 
      JUDICIARY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2006

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Departments of 
Transportation, Treasury, Housing and Urban Development, the Judiciary, 
and independent agencies for the fiscal year ending September 30, 2006, 
and for other purposes, namely:

                                 TITLE I

                      DEPARTMENT OF TRANSPORTATION

                         Office of the Secretary


                          salaries and expenses


    For necessary expenses of the Office of the Secretary, $84,900,000, 
of which not to exceed $2,198,000 shall be available for the immediate 
Office of the Secretary; not to exceed $698,000 shall be available for 
the immediate Office of the Deputy Secretary; not to exceed $15,183,000 
shall be available for the Office of the General Counsel; not to exceed 
$11,650,000 shall be available for the Office of the Under Secretary of 
Transportation for Policy; not to exceed $8,485,000 shall be available 
for the Office of the Assistant Secretary for Budget and Programs; not 
to exceed $2,293,000 shall be available for the Office of the Assistant 
Secretary for Governmental Affairs; not to exceed $22,031,000 shall be 
available for the Office of the Assistant Secretary for Administration; 
not to exceed $1,910,000 shall be available for the Office of Public 
Affairs; not to exceed $1,442,000 shall be available for the Office of 
the Executive Secretariat; not to exceed $697,000 shall be available for 
the Board of Contract Appeals; not to exceed $1,265,000 shall be 
available for the Office of Small and Disadvantaged Business 
Utilization; not to exceed $2,033,000 for the Office of Intelligence and 
Security; not to exceed $11,895,000 shall be available for the Office of 
the Chief Information Officer; and not to exceed $3,120,000 shall be 
available for the Office of Emergency

[[Page 119 STAT. 2397]]

Transportation: Provided, That the Secretary of Transportation is 
authorized to transfer funds appropriated for any office of the Office 
of the Secretary to any other office of the Office of the Secretary: 
Provided further, That no appropriation for any office shall be 
increased or decreased by more than 5 percent by all such 
transfers: <<NOTE: Notice.>> Provided further, That notice of any change 
in funding greater than 5 percent shall be submitted for approval to the 
House and Senate Committees on Appropriations: Provided further, That 
not to exceed $60,000 shall be for allocation within the Department for 
official reception and representation expenses as the Secretary may 
determine: Provided further, That notwithstanding any other provision of 
law, excluding fees authorized in Public Law 107-71, there may be 
credited to this appropriation up to $2,500,000 in funds received in 
user fees: Provided further, That none of the funds provided in this Act 
shall be available for the position of Assistant Secretary for Public 
Affairs.


                         office of civil rights


    For necessary expenses of the Office of Civil Rights, $8,550,000.


           transportation planning, research, and development


    For necessary expenses for conducting transportation planning, 
research, systems development, development activities, and making 
grants, to remain available until expended, $15,000,000.


                          working capital fund


    Necessary expenses for operating costs and capital outlays of the 
Working Capital Fund, not to exceed $118,014,000, shall be paid from 
appropriations made available to the Department of Transportation: 
Provided, That such services shall be provided on a competitive basis to 
entities within the Department of Transportation: Provided further, That 
the above limitation on operating expenses shall not apply to non-DOT 
entities: Provided further, That no funds appropriated in this Act to an 
agency of the Department shall be transferred to the Working Capital 
Fund without the approval of the agency modal 
administrator: <<NOTE: Notice.>> Provided further, That no assessments 
may be levied against any program, budget activity, subactivity or 
project funded by this Act unless notice of such assessments and the 
basis therefor are presented to the House and Senate Committees on 
Appropriations and are approved by such Committees.


                minority business resource center program


    For the cost of guaranteed loans, $500,000, as authorized by 49 
U.S.C. 332: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $18,367,000. In addition, for administrative expenses to 
carry out the guaranteed loan program, $400,000.

[[Page 119 STAT. 2398]]

                       minority business outreach


    For necessary expenses of Minority Business Resource Center outreach 
activities, $3,000,000, to remain available until September 30, 2007: 
Provided, That notwithstanding 49 U.S.C. 332, these funds may be used 
for business opportunities related to any mode of transportation.


                        payments to air carriers


                     (airport and airway trust fund)


                      (including transfer of funds)


    In addition to funds made available from any other source to carry 
out the essential air service program under 49 U.S.C. 41731 through 
41742, $60,000,000, to be derived from the Airport and Airway Trust 
Fund, to remain available until expended: Provided, That, in determining 
between or among carriers competing to provide service to a community, 
the Secretary may consider the relative subsidy requirements of the 
carriers: Provided further, That, if the funds under this heading are 
insufficient to meet the costs of the essential air service program in 
the current fiscal year, the Secretary shall transfer such sums as may 
be necessary to carry out the essential air service program from any 
available amounts appropriated to or directly administered by the Office 
of the Secretary for such fiscal year.


                        new headquarters building


    For necessary expenses of the Department of Transportation's new 
headquarters building and related services, $50,000,000, to remain 
available until expended.

                     Federal Aviation Administration


                               operations


    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities, 
the operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold to the public, 
lease or purchase of passenger motor vehicles for replacement only, in 
addition to amounts made available by Public Law 108-176, 
$8,036,000,000, of which $5,541,000,000 shall be derived from the 
Airport and Airway Trust Fund, of which not to exceed $6,629,000,000 
shall be available for air traffic organization activities; not to 
exceed $958,542,000 shall be available for aviation regulation and 
certification activities; not to exceed $11,759,000 shall be available 
for commercial space transportation activities; not to exceed 
$50,983,000 shall be available for financial services activities; not to 
exceed $69,943,000 shall be available for human resources program 
activities; not to exceed $150,744,000 shall be available for region and 
center operations and regional coordination activities; not to exceed 
$142,000,000 shall be available for staff offices; and not to exceed 
$36,112,000 shall be available for information services: Provided, That 
not to exceed 2 percent

[[Page 119 STAT. 2399]]

of any budget activity, except for aviation regulation and certification 
budget activity, may be transferred to any budget activity under this 
heading: Provided further, That no transfer may increase or decrease any 
appropriation by more than 2 percent: Provided further, That any 
transfer in excess of 2 percent shall be treated as a reprogramming of 
funds under section 710 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section: Provided further, That none of the funds in this 
Act shall be available for the Federal Aviation Administration to 
finalize or implement any regulation that would promulgate new aviation 
user fees not specifically authorized by law after the date of the 
enactment of this Act: Provided further, That there may be credited to 
this appropriation funds received from States, counties, municipalities, 
foreign authorities, other public authorities, and private sources, for 
expenses incurred in the provision of agency services, including 
receipts for the maintenance and operation of air navigation facilities, 
and for issuance, renewal or modification of certificates, including 
airman, aircraft, and repair station certificates, or for tests related 
thereto, or for processing major repair or alteration forms: Provided 
further, That of the funds appropriated under this heading, not less 
than $7,500,000 shall be for the contract tower cost-sharing program: 
Provided further, That funds may be used to enter into a grant agreement 
with a nonprofit standard-setting organization to assist in the 
development of aviation safety standards: Provided further, That none of 
the funds in this Act shall be available for new applicants for the 
second career training program: Provided further, That none of the funds 
in this Act shall be available for paying premium pay under 5 U.S.C. 
5546(a) to any Federal Aviation Administration employee unless such 
employee actually performed work during the time corresponding to such 
premium pay: Provided further, That none of the funds in this Act may be 
obligated or expended to operate a manned auxiliary flight service 
station in the contiguous United States: Provided further, That none of 
the funds in this Act for aeronautical charting and cartography are 
available for activities conducted by, or coordinated through, the 
Working Capital Fund: Provided further, That none of the funds in this 
Act may be obligated or expended for an employee of the Federal Aviation 
Administration to purchase a store gift card or gift certificate through 
use of a Government-issued credit card. In addition, $150,000,000 is for 
costs associated with the flight service station transition.


                        facilities and equipment


                     (airport and airway trust fund)


    For necessary expenses, not otherwise provided for, for acquisition, 
establishment, technical support services, improvement by contract or 
purchase, and hire of air navigation and experimental facilities and 
equipment, as authorized under part A of subtitle VII of title 49, 
United States Code, including initial acquisition of necessary sites by 
lease or grant; engineering and service testing, including construction 
of test facilities and acquisition of necessary sites by lease or grant; 
construction and furnishing of quarters and related accommodations for 
officers and employees of the Federal Aviation Administration stationed 
at remote localities where such accommodations are not available; and 
the purchase, lease,

[[Page 119 STAT. 2400]]

or transfer of aircraft from funds available under this heading; to be 
derived from the Airport and Airway Trust Fund, $2,540,000,000, of which 
$2,110,789,500 shall remain available until September 30, 2008, and of 
which $429,210,500 shall remain available until September 30, 2006: 
Provided, That there may be credited to this appropriation funds 
received from States, counties, municipalities, other public 
authorities, and private sources, for expenses incurred in the 
establishment and modernization of air navigation facilities: Provided 
further, That upon initial submission to the Congress of the fiscal year 
2007 President's budget, the Secretary of Transportation shall transmit 
to the Congress a comprehensive capital investment plan for the Federal 
Aviation Administration which includes funding for each budget line item 
for fiscal years 2007 through 2011, with total funding for each year of 
the plan constrained to the funding targets for those years as estimated 
and approved by the Office of Management and Budget.


                 research, engineering, and development


                     (airport and airway trust fund)


    For necessary expenses, not otherwise provided for, for research, 
engineering, and development, as authorized under part A of subtitle VII 
of title 49, United States Code, including construction of experimental 
facilities and acquisition of necessary sites by lease or grant, 
$138,000,000, to be derived from the Airport and Airway Trust Fund and 
to remain available until September 30, 2008: Provided, That there may 
be credited to this appropriation funds received from States, counties, 
municipalities, other public authorities, and private sources, for 
expenses incurred for research, engineering, and development.


                       grants-in-aid for airports


                 (liquidation of contract authorization)


                       (limitation on obligations)


                     (airport and airway trust fund)


    For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and noise compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing such obligations; for procurement, installation, and 
commissioning of runway incursion prevention devices and systems at 
airports of such title; for grants authorized under section 41743 of 
title 49, United States Code; and for inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates under section 44706 of title 49, United 
States Code, $3,399,000,000 to be derived from the Airport and Airway 
Trust Fund and to remain available until expended: Provided, That none 
of the funds under this heading shall be available for the planning or 
execution of programs the obligations for which are in excess of 
$3,550,000,000 in fiscal year 2006, notwithstanding section 47117(g) of 
title 49, United States Code: Provided further, That none of the funds 
under this heading shall be available for the replacement of baggage 
conveyor systems, reconfiguration of terminal baggage areas, or

[[Page 119 STAT. 2401]]

other airport improvements that are necessary to install bulk explosive 
detection systems: Provided further, That notwithstanding any other 
provision of law, of funds limited under this heading, not more than 
$71,096,000 shall be obligated for administration, not less than 
$10,000,000 shall be available for the airport cooperative research 
program, and not less than $10,000,000 shall be available to carry out 
the Small Community Air Service Development Program, to remain available 
until expended: <<NOTE: Deadline. 49 USC 44706 note.>> Provided further, 
That not later than December 31, 2015, the owner or operator of an 
airport certificated under 49 U.S.C. 44706 shall improve the airport's 
runway safety areas to comply with the Federal Aviation Administration 
design standards required by 14 CFR part 139: Provided 
further, <<NOTE: Reports.>> That the Federal Aviation Administration 
shall report annually to the Congress on the agency's progress toward 
improving the runway safety areas at 49 U.S.C. 44706 airports.


                       grants-in-aid for airports


                     (airport and airway trust fund)


                 (rescission of contract authorization)


    Of the amounts authorized for the fiscal year ending September 30, 
2006 and prior years under sections 48103 and 48112 of title 49, United 
States Code, $1,032,000,000 are rescinded.


       administrative provisions--federal aviation administration


    Sec. 101. <<NOTE: 49 USC 44502 note.>> Notwithstanding any other 
provision of law, airports may transfer without consideration to the 
Federal Aviation Administration (FAA) instrument landing systems (along 
with associated approach lighting equipment and runway visual range 
equipment) which conform to FAA design and performance specifications, 
the purchase of which was assisted by a Federal airport-aid program, 
airport development aid program or airport improvement program grant: 
Provided, That the Federal Aviation Administration shall accept such 
equipment, which shall thereafter be operated and maintained by FAA in 
accordance with agency criteria.

    Sec. 102. None of the funds in this Act may be used to compensate in 
excess of 375 technical staff-years under the federally funded research 
and development center contract between the Federal Aviation 
Administration and the Center for Advanced Aviation Systems Development 
during fiscal year 2006.
    Sec. 103. None of the funds in this Act shall be used to pursue or 
adopt guidelines or regulations requiring airport sponsors to provide to 
the Federal Aviation Administration without cost building construction, 
maintenance, utilities and expenses, or space in airport sponsor-owned 
buildings for services relating to air traffic control, air navigation, 
or weather reporting: Provided, That the prohibition of funds in this 
section does not apply to negotiations between the agency and airport 
sponsors to achieve agreement on ``below-market'' rates for these items 
or to grant assurances that require airport sponsors to provide land 
without cost to the FAA for air traffic control facilities.
    Sec. 104. The Administrator of the Federal Aviation Administration 
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) 
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal 
year 2006, 49 U.S.C. 41742(b) shall not apply, and any amount remaining 
in such account at the close of that

[[Page 119 STAT. 2402]]

fiscal year may be made available to satisfy section 41742(a)(1) for the 
subsequent fiscal year.
    Sec. 105. Amounts collected under section 40113(e) of title 49, 
United States Code, shall be credited to the appropriation current at 
the time of collection, to be merged with and available for the same 
purposes of such appropriation.
    Sec. 106. None of the funds appropriated or limited by this Act may 
be used to change weight restrictions or prior permission rules at 
Teterboro Airport in Teterboro, New Jersey.
    Sec. 107. None of the funds made available in this Act shall be used 
for engineering work related to an additional runway at Louis Armstrong 
New Orleans International Airport.
    Sec. 108. (a) Section 44302(f)(1) of title 49, United States Code, 
is amended by striking ``2005,'' each place it appears and inserting 
``2006,''.
    (b) Section 44303(b) of such title is amended by striking ``2005,'' 
and inserting ``2006,''.
    Sec. 109. Section 47114(c)(1) of title 49, United States Code, is 
amended by adding the following new paragraph at the end:
                    ``(G) Special rule for fiscal year 2006.--
                Notwithstanding subparagraph (A) and the absence of 
                scheduled passenger aircraft service at an airport, the 
                Secretary may apportion in fiscal year 2006 to the 
                sponsor of the airport an amount equal to $500,000, if 
                the Secretary finds that--
                          ``(i) the passenger boardings at the airport 
                      were below 10,000 in calendar year 2004;
                          ``(ii) the airport had at least 10,000 
                      passenger boardings and scheduled passenger 
                      aircraft service in either calendar year 2000 or 
                      2001; and
                          ``(iii) the reason that passenger boardings 
                      described in clause (i) were below 10,000 was the 
                      decrease in passengers following the terrorist 
                      attacks of September 11, 2001.''.

                     Federal Highway Administration


                  limitation on administrative expenses


    Necessary expenses for administration and operation of the Federal 
Highway Administration, not to exceed $364,638,000, shall be paid in 
accordance with law from appropriations made available by this Act to 
the Federal Highway Administration together with advances and 
reimbursements received by the Federal Highway Administration.


                          federal-aid highways


                       (limitation on obligations)


                          (highway trust fund)


    None <<NOTE: 23 USC 104 note.>> of the funds in this Act shall be 
available for the implementation or execution of programs, the 
obligations for which are in excess of $36,032,343,903 for Federal-aid 
highways and highway safety construction programs for fiscal year 2006: 
Provided, That within the $36,032,343,903 obligation limitation on 
Federal-aid highways and highway safety construction programs, not more 
than $429,800,000 shall be available for the implementation or execution 
of programs for transportation research (chapter 5 of

[[Page 119 STAT. 2403]]

title 23, United States Code; sections 111, 5505, and 5506 of title 49, 
United States Code; and title 5 of Public Law 109-59) for fiscal year 
2006: Provided further, That this limitation on transportation research 
programs shall not apply to any authority previously made available for 
obligation: Provided further, That the Secretary may, as authorized by 
section 605(b) of title 23, United States Code, collect and spend fees 
to cover the costs of services of expert firms, including counsel, in 
the field of municipal and project finance to assist in the underwriting 
and servicing of Federal credit instruments and all or a portion of the 
costs to the Federal government of servicing such credit instruments: 
Provided further, That such fees are available until expended to pay for 
such costs: Provided further, That such amounts are in addition to 
administrative expenses that are also available for such purpose, and 
are not subject to any obligation limitation or the limitation on 
administrative expenses under section 608 of title 23, United States 
Code.


                 (liquidation of contract authorization)


                          (highway trust fund)


    Notwithstanding any other provision of law, for carrying out the 
provisions of title 23, United States Code, that are attributable to 
Federal-aid highways, not otherwise provided, including reimbursement 
for sums expended pursuant to the provisions of 23 U.S.C. 308, 
$36,032,343,903 or so much thereof as may be available in and derived 
from the Highway Trust Fund (other than the Mass Transit Account), to 
remain available until expended.


                              (rescission)


                          (highway trust fund)


    Of the unobligated balances of funds apportioned to each State under 
chapter 1 of title 23, United States Code, $1,999,999,000 are rescinded: 
Provided, That such rescission shall not apply to the funds distributed 
in accordance with 23 U.S.C. 130(f), 23 U.S.C. 133(d)(1) as in effect 
prior to the date of enactment of Public Law 109-59, the first sentence 
of 23 U.S.C. 133(d)(3)(A), 23 U.S.C. 104(b)(5), or 23 U.S.C. 163 as in 
effect prior to the enactment of Public Law 109-59.


                 appalachian development highway system


    For necessary expenses for the Appalachian Development Highway 
System as authorized under section 1069(y) of Public Law 102-240, as 
amended, $20,000,000, to remain available until expended.


        administrative provisions--federal highway administration


    Sec. 110. <<NOTE: 23 USC 104 note.>> (a) For fiscal year 2006, the 
Secretary of Transportation shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid highways amounts authorized for administrative 
        expenses and programs by section 104(a) of title 23, United 
        States Code; programs funded from the administrative takedown 
        authorized by section 104(a)(1) of title 23, United States Code 
        (as in effect on the date before the date of enactment of the 
        Safe,

[[Page 119 STAT. 2404]]

        Accountable, Flexible, Efficient Transportation Equity Act: A 
        Legacy for Users); the highway use tax evasion program; the 
        Bureau of Transportation Statistics; the programs, projects, and 
        activities funded from the takedown authorized by section 112 of 
        this Act; and the unobligated balances of funds made available 
        for programs, projects, and activities funded from the takedown 
        authorized by section 117 of title I of division H of the 
        Consolidated Appropriations Act, 2005 (Public Law 108-447) for 
        which no obligation limitation has previously been made 
        available;
            (2) not distribute an amount from the obligation limitation 
        for Federal-aid highways that is equal to the unobligated 
        balance of amounts made available from the Highway Trust Fund 
        (other than the Mass Transit Account) for Federal-aid highways 
        and highway safety programs for previous fiscal years the funds 
        for which are allocated by the Secretary;
            (3) determine the ratio that--
                    (A) the obligation limitation for Federal-aid 
                highways, less the aggregate of amounts not distributed 
                under paragraphs (1) and (2), bears to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and highway safety 
                construction programs (other than sums authorized to be 
                appropriated for provisions of law described in 
                paragraphs (1) through (9) of subsection (b) and sums 
                authorized to be appropriated for section 105 of title 
                23, United States Code, equal to the amount referred to 
                in subsection (b)(10) for such fiscal year), less the 
                aggregate of the amounts not distributed under 
                paragraphs (1) and (2) of this subsection;
            (4)(A) distribute the obligation limitation for Federal-aid 
        highways, less the aggregate amounts not distributed under 
        paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the 
        Safe, Accountable, Flexible, Efficient Transportation Equity 
        Act: A Legacy for Users; sections 117 (but individually for each 
        project numbered 1 through 3676 listed in the table contained in 
        section 1702 of the Safe, Accountable, Flexible, Efficient 
        Transportation Equity Act: A Legacy for Users) and 144(g) of 
        title 23, United States Code; and section 14501 of title 40, 
        United States Code, so that the amount of obligation authority 
        available for each of such sections is equal to the amount 
        determined by multiplying the ratio determined under paragraph 
        (3) by the sums authorized to be appropriated for that section 
        for the fiscal year; and
            (B) distribute $2,000,000,000 for section 105 of title 23, 
        United States Code;
            (5) distribute the obligation limitation provided for 
        Federal-aid highways, less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and amounts distributed under 
        paragraph (4), for each of the programs that are allocated by 
        the Secretary under the Safe, Accountable, Flexible, Efficient 
        Transportation Equity Act: A Legacy for Users and title 23, 
        United States Code (other than to programs to which paragraphs 
        (1) and (4) apply), by multiplying the ratio determined under 
        paragraph (3) by the amounts authorized to be appropriated for 
        each such program for such fiscal year; and
            (6) distribute the obligation limitation provided for 
        Federal-aid highways, less the aggregate amounts not distributed 
        under

[[Page 119 STAT. 2405]]

        paragraphs (1) and (2) and amounts distributed under paragraphs 
        (4) and (5), for Federal-aid highways and highway safety 
        construction programs (other than the amounts apportioned for 
        the equity bonus program, but only to the extent that the 
        amounts apportioned for the equity bonus program for the fiscal 
        year are greater than $2,639,000,000, and the Appalachian 
        development highway system program) that are apportioned by the 
        Secretary under the Safe, Accountable, Flexible, Efficient 
        Transportation Equity Act: A Legacy for Users and title 23, 
        United States Code, in the ratio that--
                    (A) amounts authorized to be appropriated for such 
                programs that are apportioned to each State for such 
                fiscal year, bear to
                    (B) the total of the amounts authorized to be 
                appropriated for such programs that are apportioned to 
                all States for such fiscal year.

    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall not apply to obligations: (1) 
under section 125 of title 23, United States Code; (2) under section 147 
of the Surface Transportation Assistance Act of 1978; (3) under section 
9 of the Federal-Aid Highway Act of 1981; (4) under subsections (b) and 
(j) of section 131 of the Surface Transportation Assistance Act of 1982; 
(5) under subsections (b) and (c) of section 149 of the Surface 
Transportation and Uniform Relocation Assistance Act of 1987; (6) under 
sections 1103 through 1108 of the Intermodal Surface Transportation 
Efficiency Act of 1991; (7) under section 157 of title 23, United States 
Code, as in effect on the day before the date of the enactment of the 
Transportation Equity Act for the 21st Century; (8) under section 105 of 
title 23, United States Code, as in effect for fiscal years 1998 through 
2004, but only in an amount equal to $639,000,000 for each of those 
fiscal years; (9) for Federal-aid highway programs for which obligation 
authority was made available under the Transportation Equity Act for the 
21st Century or subsequent public laws for multiple years or to remain 
available until used, but only to the extent that the obligation 
authority has not lapsed or been used; (10) under section 105 of title 
23, United States Code, but only in an amount equal to $639,000,000 for 
each of fiscal years 2005 and 2006; and (11) under section 1603 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users, to the extent that funds obligated in accordance with 
that section were not subject to a limitation on obligations at the time 
at which the funds were initially made available for obligation.
    (c) <<NOTE: Effective date.>> Redistribution of Unused Obligation 
Authority.--Notwithstanding subsection (a), the Secretary shall, after 
August 1 of such fiscal year, revise a distribution of the obligation 
limitation made available under subsection (a) if the amount distributed 
cannot be obligated during that fiscal year and redistribute sufficient 
amounts to those States able to obligate amounts in addition to those 
previously distributed during that fiscal year, giving priority to those 
States having large unobligated balances of funds apportioned under 
sections 104 and 144 of title 23, United States Code.

    (d) Applicability of Obligation Limitations to Transportation 
Research Programs.--The obligation limitation shall apply to 
transportation research programs carried out under chapter 5 of title 
23, United States Code, and title V (research title) of

[[Page 119 STAT. 2406]]

the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users, except that obligation authority made available for 
such programs under such limitation shall remain available for a period 
of 3 fiscal years and shall be in addition to the amount of any 
limitation imposed on obligations for Federal-aid highway and highway 
safety construction programs for future fiscal years.
    (e) Redistribution of Certain Authorized Funds.--
            (1) <<NOTE: Deadline.>> In general.--Not later than 30 days 
        after the date of the distribution of obligation limitation 
        under subsection (a), the Secretary shall distribute to the 
        States any funds that--
                    (A) are authorized to be appropriated for such 
                fiscal year for Federal-aid highways programs; and
                    (B) the Secretary determines will not be allocated 
                to the States, and will not be available for obligation, 
                in such fiscal year due to the imposition of any 
                obligation limitation for such fiscal year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same ratio as the distribution of obligation authority 
        under subsection (a)(6).
            (3) Availability.--Funds distributed under paragraph (1) 
        shall be available for any purposes described in section 133(b) 
        of title 23, United States Code.

    (f) Special Limitation Characteristics.--Obligation limitation 
distributed for a fiscal year under subsection (a)(1) for programs, 
projects, and activities funded from the takedown authorized by section 
117 of title I of division H of Public Law 108-447 and under subsection 
(a)(4) for the provision specified in subsection (a)(4) shall--
            (1) remain available until used for obligation of funds for 
        that provision; and
            (2) be in addition to the amount of any limitation imposed 
        on obligations for Federal-aid highway and highway safety 
        construction programs for future fiscal years.

    (g) High Priority Project Flexibility.--
            (1) In general.--Subject to paragraph (2), obligation 
        authority distributed for such fiscal year under subsection 
        (a)(4) for each project numbered 1 through 3676 listed in the 
        table contained in section 1702 of the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy for 
        Users may be obligated for any other project in such section in 
        the same State.
            (2) Restoration.--Obligation authority used as described in 
        paragraph (1) shall be restored to the original purpose on the 
        date on which obligation authority is distributed under this 
        section for the next fiscal year following obligation under 
        paragraph (1).

    (h) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to limit the distribution of obligation authority 
under subsection (a)(4)(A) for each of the individual projects numbered 
greater than 3676 listed in the table contained in section 1702 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users.
    Sec. 111. Notwithstanding 31 U.S.C. 3302, funds received by the 
Bureau of Transportation Statistics from the sale of data products, for 
necessary expenses incurred pursuant to 49 U.S.C. 111

[[Page 119 STAT. 2407]]

may be credited to the Federal-aid highways account for the purpose of 
reimbursing the Bureau for such expenses: Provided, That such funds 
shall be subject to the obligation limitation for Federal-aid highways 
and highway safety construction.
    Sec. 112. Notwithstanding any other provision of law, whenever an 
allocation is made of the sums authorized to be appropriated for 
expenditure on the Federal lands highway program, and whenever an 
apportionment is made of the sums authorized to be appropriated for the 
surface transportation program, the congestion mitigation and air 
quality improvement program, the National Highway System, the Interstate 
maintenance program, the bridge program, the Appalachian development 
highway system, and the equity bonus program, the Secretary of 
Transportation shall deduct a sum in such amount not to exceed 2.75 
percent of all sums so authorized: Provided, That of the amount so 
deducted in accordance with this section, $600,000,000 shall be made 
available for surface transportation projects and $25,000,000 shall be 
made available for highway priority projects as identified under this 
section in the statement of the managers accompanying this Act: Provided 
further, That notwithstanding any other provision of law and the 
preceding clauses of this provision, the Secretary of Transportation may 
use amounts made available by this section to make grants for any 
surface transportation project otherwise eligible for funding under 
title 23 or title 49, United States Code: Provided further, That funds 
made available under this section, at the request of a State, shall be 
transferred by the Secretary to another Federal agency: Provided 
further, That the Federal share payable on account of any program, 
project, or activity carried out with funds made available under this 
section shall be 100 percent: Provided further, That the sum deducted in 
accordance with this section shall remain available until expended: 
Provided further, That all funds made available under this section shall 
be subject to any limitation on obligations for Federal-aid highways and 
highway safety construction programs set forth in this Act or any other 
Act: Provided further, That the obligation limitation made available for 
the programs, projects, and activities for which funds are made 
available under this section shall remain available until used and shall 
be in addition to the amount of any limitation imposed on obligations 
for Federal-aid highway and highway safety construction programs for 
future fiscal years.
    Sec. 113. Notwithstanding any other provision of law, projects and 
activities described in the statement of managers accompanying this Act 
under the headings ``Federal-Aid Highways'' and ``Federal Transit 
Administration'' shall be eligible for fiscal year 2006 funds made 
available for the project for which each project or activity is so 
designated: Provided, That the Federal share payable on account of any 
such projects and activities subject to this section shall be the same 
as the share required by the Federal program under which each project or 
activity is designated unless otherwise provided in this Act.
    Sec. 114. Bypass Bridge at Hoover Dam. (a) In General.--Subject to 
subsection (b), the Secretary of Transportation may expend from any 
funds appropriated for expenditure in accordance with title 23, United 
States Code, for payment of debt service by the States of Arizona and 
Nevada on notes issued for the bypass bridge project at Hoover Dam, 
pending appropriation or replenishment for that project.

[[Page 119 STAT. 2408]]

    (b) Reimbursement.--Funds expended under subsection (a) shall be 
reimbursed from the funds made available to the States of Arizona and 
Nevada for payment of debt service on notes issued for the bypass bridge 
project at Hoover Dam.
    Sec. 115. Section 1023(h) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (23 U.S.C. 127 note; 105 Stat. 1951) is amended 
by striking paragraphs (2) and (3) and inserting the following:
            ``(2) State action.--
                    ``(A) <<NOTE: Effective date. Termination 
                date.>> Weight limitations.--For the period beginning on 
                the date of enactment of this subparagraph and ending on 
                September 30, 2009, a covered State, including any 
                political subdivision of such State, may not enforce a 
                single axle weight limitation of less than 24,000 
                pounds, including enforcement tolerances, on any vehicle 
                referred to in paragraph (1) in any case in which the 
                vehicle is using the Interstate System.
                    ``(B) Covered state defined.--In this paragraph, the 
                term `covered State' means a State that has enforced, in 
                the period beginning on October 6, 1992, and ending on 
                the date of enactment of this subparagraph, a single 
                axle weight limitation of 20,000 pounds or greater but 
                less than 24,000 pounds, including enforcement 
                tolerances, on any vehicle referred to in paragraph (1) 
                in any case in which the vehicle is using the Interstate 
                System.''.
    Sec. 116. <<NOTE: Washington.>> Notwithstanding any other provision 
of law, access to the I-5 ``Transit Only'' ramps at NE 163rd in 
Shoreline, Washington, shall be expanded to include King County Solid 
Waste Division transfer vehicles upon the determination of the Federal 
Highway Administrator that necessary safety improvements have been 
completed.

    Sec. 117. <<NOTE: Michigan.>> Designation of Max M. Fisher Memorial 
Highway. (a) Designation.--The portion of highway US-24 in the State of 
Michigan, beginning at Interstate 96 and extending north to Interstate 
75 at exit 93 west of Clarkston, shall be known and designated as the 
``Max M. Fisher Memorial Highway''.

    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the highway portion 
referred to in subsection (a) shall be deemed to be a reference to the 
``Max M. Fisher Memorial Highway''.
    Sec. 118. <<NOTE: Pennsylvania.>> Notwithstanding any other 
provision of law, funds provided in Public Law 108-7 under the heading 
``Federal-aid Highways'' for intelligent transportation system projects 
and designated for Gettysburg Borough Signal Coordination and Upgrade-
Signalization; Adams County, Pennsylvania shall be available for 
Gettysburg Borough and Surrounding Municipalities Signal Coordination 
and Upgrade-Signalization; Adams County, Pennsylvania.

[[Page 119 STAT. 2409]]

               Federal Motor Carrier Safety Administration


              motor carrier safety operations and programs


                 (liquidation of contract authorization)


                       (limitation on obligations)


                          (highway trust fund)


    For payment of obligations incurred for administration of motor 
carrier safety operations and programs pursuant to section 31104(i) of 
title 49, United States Code, and sections 4127 and 4134 of Public Law 
109-59, $213,000,000, to be derived from the Highway Trust Fund (other 
than the Mass Transit Account), together with advances and 
reimbursements received by the Federal Motor Carrier Safety 
Administration, the sum of which shall remain available until expended: 
Provided, That none of the funds derived from the Highway Trust Fund in 
this Act shall be available for the implementation, execution or 
administration of programs, the obligations for which are in excess of 
$213,000,000, for ``Motor Carrier Safety Operations and Programs'', of 
which $10,084,000, to remain available for obligation until September 
30, 2008, is for the research and technology program and $1,000,000 
shall be available for commercial motor vehicle operator's grants to 
carry out section 4134 of Public Law 109-59: Provided further, That 
notwithstanding any other provision of law, none of the funds under this 
heading for outreach and education shall be available for transfer.


                       motor carrier safety grants


                 (liquidation of contract authorization)


                       (limitation on obligations)


                          (highway trust fund)


    For payment of obligations incurred in carrying out sections 31102, 
31104, 31106, 31107, 31109, 31309, 31313 of title 49, United States 
Code, and sections 4126 and 4128 of Public Law 109-59, $282,000,000, to 
be derived from the Highway Trust Fund (other than the Mass Transit 
Account) and to remain available until expended: Provided, That none of 
the funds in this Act shall be available for the implementation or 
execution of programs, the obligations for which are in excess of 
$282,000,000, for ``Motor Carrier Safety Grants''; of which $188,000,000 
shall be available for the motor carrier safety assistance program to 
carry out sections 31102 and 31104 of title 49, United States Code; 
$25,000,000 shall be available for the commercial driver's license 
improvements program to carry out section 31313 of title 49, United 
States Code; $32,000,000 shall be available for the border enforcement 
grants program to carry out section 31107 of title 49, United States 
Code; $5,000,000 shall be available for the performance and registration 
information system management program to carry out sections 31106 and 
31109 of title 49, United States Code; $25,000,000 shall be available 
for the commercial vehicle information systems and networks deployment 
program to carry out section 4126 of Public Law 109-59; $2,000,000 shall 
be available for the safety data

[[Page 119 STAT. 2410]]

improvement program to carry out section 4128 of Public Law 109-59; and 
$5,000,000 shall be available for the commercial driver's license 
information system modernization program to carry out section 31309 of 
title 49, United States Code: Provided further, That of the funds made 
available for the motor carrier safety assistance program, $29,000,000 
shall be available for audits of new entrant motor carriers.


  administrative provision--federal motor carrier safety administration


    Sec. 120. <<NOTE: Applicability. Reports.>> Funds appropriated or 
limited in this Act shall be subject to the terms and conditions 
stipulated in section 350 of Public Law 107-87, including that the 
Secretary submit a report to the House and Senate Appropriations 
Committees annually on the safety and security of transportation into 
the United States by Mexico-domiciled motor carriers.

             National Highway Traffic Safety Administration


                         operations and research


                          (highway trust fund)


                      (including transfer of funds)


    For expenses necessary to discharge the functions of the Secretary, 
with respect to traffic and highway safety under chapter 301 of title 
49, United States Code, and part C of subtitle VI of title 49, United 
States Code, $122,457,000, to be derived from the sum authorized to be 
deducted under section 112 of this Act and transferred to the National 
Highway Traffic Safety Administration upon enactment of this Act, of 
which $96,301,000 shall remain available until September 30, 2006 and 
$26,156,000 shall remain available until September 30, 2008: Provided, 
That such funds shall be transferred to and administered by the National 
Highway Traffic Safety Administration: Provided further, That none of 
the funds appropriated by this Act may be obligated or expended to plan, 
finalize, or implement any rulemaking to add to section 575.104 of title 
49 of the Code of Federal Regulations any requirement pertaining to a 
grading standard that is different from the three grading standards 
(treadwear, traction, and temperature resistance) already in effect: 
Provided further, That all funds made available under this heading shall 
be subject to any limitation on obligations for Federal-aid highways and 
highway safety construction programs set forth in this Act or any other 
Act: Provided further, That the obligation limitation made available for 
the programs, projects, and activities for which funds are made 
available under this heading shall remain available as specified and 
shall be in addition to the amount of any limitation imposed on 
obligations for Federal-aid highway and highway safety construction 
programs for future fiscal years.

[[Page 119 STAT. 2411]]

                         operations and research


                 (liquidation of contract authorization)


                       (limitation on obligations)


                          (highway trust fund)


    For payment of obligations incurred in carrying out the provisions 
of 23 U.S.C. 403, to remain available until expended, $110,000,000, to 
be derived from the Highway Trust Fund: Provided, That none of the funds 
in this Act shall be available for the planning or execution of programs 
the total obligations for which, in fiscal year 2006, are in excess of 
$110,000,000 for programs authorized under 23 U.S.C. 403.


                        national driver register


                 (liquidation of contract authorization)


                       (limitation on obligations)


                          (highway trust fund)


    For payment of obligations incurred in carrying out chapter 303 of 
title 49, United States Code, $4,000,000, to be derived from the Highway 
Trust Fund and remain available until September 30, 2007: Provided, That 
none of the funds in this Act shall be available for the implementation 
or execution of programs the obligations for which are in excess of 
$4,000,000 for the National Driver Register authorized under chapter 303 
of title 49, United States Code.


                      highway traffic safety grants


                 (liquidation of contract authorization)


                       (limitation on obligations)


                          (highway trust fund)


    For payment of obligations incurred in carrying out the provisions 
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009, 
2010, and 2011 of Public Law 109-59, to remain available until expended, 
$578,176,000 to be derived from the Highway Trust Fund (other than the 
Mass Transit Account): Provided, That none of the funds in this Act 
shall be available for the planning or execution of programs the total 
obligations for which, in fiscal year 2006, are in excess of 
$578,176,000 for programs authorized under 23 U.S.C. 402, 405, 406, 408, 
and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 
109-59, of which $217,000,000 shall be for ``Highway Safety Programs'' 
under 23 U.S.C. 402, $25,000,000 shall be for ``Occupant Protection 
Incentive Grants'' under 23 U.S.C. 405, $124,500,000 shall be for 
``Safety Belt Performance Grants'' under 23 U.S.C. 406, $34,500,000 
shall be for ``State Traffic Safety Information System Improvements'' 
under 23 U.S.C. 408, $120,000,000 shall be for ``Alcohol-Impaired 
Driving Countermeasures Incentive Grant Program'' under 23 U.S.C. 410, 
$16,176,000 shall be for ``Administrative Expenses'' under section 
2001(a)(11) of Public Law 109-59, $29,000,000 shall

[[Page 119 STAT. 2412]]

be for ``High Visibility Enforcement Program'' under section 2009 of 
Public Law 109-59, $6,000,000 shall be for ``Motorcyclist Safety'' under 
section 2010 of Public Law 109-59, and $6,000,000 shall be for ``Child 
Safety and Child Booster Seat Safety Incentive Grants'' under section 
2011 of Public Law 109-59: Provided further, That none of these funds 
shall be used for construction, rehabilitation, or remodeling costs, or 
for office furnishings and fixtures for State, local or private 
buildings or structures: Provided further, That not to exceed $500,000 
of the funds made available for section 410 ``Alcohol-Impaired Driving 
Countermeasures Grants'' shall be available for technical assistance to 
the States: Provided further, That not to exceed $750,000 of the funds 
made available for the ``High Visibility Enforcement Program'' shall be 
available for the evaluation required under section 2009(f) of Public 
Law 109-59.


administrative provision--national highway traffic safety administration


    Sec. 125. Notwithstanding any other provision of law or limitation 
on the use of funds made available under section 403 of title 23, United 
States Code, an additional $130,000 shall be made available to the 
National Highway Traffic Safety Administration, out of the amount 
limited for section 402 of title 23, United States Code, to pay for 
travel and related expenses for State management reviews and to pay for 
core competency development training and related expenses for highway 
safety staff.

                     Federal Railroad Administration


                          safety and operations


    For necessary expenses of the Federal Railroad Administration, not 
otherwise provided for, $145,949,000, of which $13,856,000 shall remain 
available until expended.


                    railroad research and development


    For necessary expenses for railroad research and development, 
$55,075,000, to remain available until expended, of which $6,500,000 
shall be available for positive train control projects and $7,190,000 
shall be available for grants for rail corridor planning, development 
and improvement and Federal share payable under such grants shall be 50 
percent.


             railroad rehabilitation and improvement program


    The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations pursuant to section 
512 of the Railroad Revitalization and Regulatory Reform Act of 1976 
(Public Law 94-210), as amended, in such amounts and at such times as 
may be necessary to pay any amounts required pursuant to the guarantee 
of the principal amount of obligations under sections 511 through 513 of 
such Act, such authority to exist as long as any such guaranteed 
obligation is outstanding: Provided, That pursuant to section 502 of 
such Act, as amended, no new direct loans or loan guarantee commitments 
shall be made using Federal funds for the credit risk premium during 
fiscal year 2006.

[[Page 119 STAT. 2413]]

                     alaska railroad rehabilitation


    To enable the Secretary of Transportation to make grants to the 
Alaska Railroad, $10,000,000, for capital rehabilitation and 
improvements benefiting its passenger operations, to remain available 
until expended.


 operating subsidy grants to the national railroad passenger corporation


    To enable the Secretary of Transportation to make quarterly grants 
to the National Railroad Passenger Corporation for operation of 
intercity passenger rail, $495,000,000, to remain available until 
expended: Provided, That the Secretary of Transportation shall approve 
funding to cover operating losses for the National Railroad Passenger 
Corporation only after receiving and reviewing a grant request for each 
specific train route: Provided further, That each such grant request 
shall be accompanied by a detailed financial analysis, revenue 
projection, and capital expenditure projection justifying the Federal 
support to the Secretary's satisfaction: Provided further, That the 
Secretary of Transportation shall reserve $60,000,000 of the funds 
provided under this heading and is authorized to transfer such sums to 
the Surface Transportation Board, upon request from said Board, to carry 
out directed service orders issued pursuant to section 11123 of title 
49, United States Code, to respond to the cessation of commuter rail 
operations by the National Railroad Passenger Corporation: Provided 
further, That the Secretary of Transportation shall make the reserved 
funds available to the National Railroad Passenger Corporation through 
an appropriate grant instrument not earlier than September 1, 2006 to 
the extent that no directed service orders have been issued by the 
Surface Transportation Board as of the date of transfer or there is a 
balance of reserved funds not needed by the Board to pay for any 
directed service order issued through September 30, 2006: Provided 
further, That the Corporation is directed to achieve savings through 
operating efficiencies including, but not limited to, modifications to 
food and beverage service and first class 
service: <<NOTE: Reports. Deadlines.>> Provided further, That the 
Inspector General of the Department of Transportation shall report to 
the House and Senate Committees on Appropriations beginning on January 
3, 2006 and quarterly thereafter with estimates of the savings accrued 
as a result of all operational reforms instituted by the National 
Railroad Passenger Corporation: Provided further, That if the Inspector 
General cannot certify that the Corporation has achieved operational 
savings by July 1, 2006, none of the funds in this Act may be used after 
July 1, 2006, to subsidize the net losses of food and beverage service 
and sleeper car service on any Amtrak route: Provided further, That of 
the funds provided under this section, not less than $5,000,000 shall be 
expended for the development and implementation of a managerial cost 
accounting system, which includes average and marginal unit cost 
capability: <<NOTE: Deadline.>> Provided further, That within 30 days of 
development of the managerial cost accounting system, the Department of 
Transportation Inspector General shall review and comment to the 
Secretary of Transportation and the House and Senate Committees on 
Appropriations upon the strengths and weaknesses of the system and how 
it best can be implemented to improve decision making by the Board of 
Directors and management of the 
Corporation: <<NOTE: Deadline.>> Provided further,

[[Page 119 STAT. 2414]]

That not later than 60 days after enactment of this Act, Amtrak shall 
transmit, in electronic format, to the Secretary of Transportation, the 
House and Senate Committees on Appropriations, the House Committee on 
Transportation and Infrastructure and the Senate Committee on Commerce, 
Science, and Transportation a comprehensive business plan approved by 
the Board of Directors for fiscal year 2006 under section 24104(a) of 
title 49, United States Code: Provided further, That the business plan 
shall include, as applicable, targets for ridership, revenues, and 
capital and operating expenses: Provided further, That the plan shall 
also include a separate accounting of such targets for the Northeast 
Corridor; commuter service; long-distance Amtrak service; State-
supported service; each intercity train route, including Autotrain; and 
commercial activities including contract operations: Provided further, 
That the business plan shall include a description of the work to be 
funded, along with cost estimates and an estimated timetable for 
completion of the projects covered by this business 
plan: <<NOTE: Reports. Contracts.>> Provided further, That the 
Corporation shall continue to provide monthly reports in electronic 
format regarding the pending business plan, which shall describe the 
work completed to date, any changes to the business plan, and the 
reasons for such changes, and shall identify all sole source contract 
awards which shall be accompanied by a justification as to why said 
contract was awarded on a sole source basis: Provided further, That none 
of the funds in this Act may be used for operating expenses, including 
advance purchase orders, not approved by the Secretary of Transportation 
or on the National Railroad Passenger Corporation's fiscal year 2006 
business plan: <<NOTE: Internet. Public information.>> Provided further, 
That Amtrak shall display the business plan and all subsequent 
supplemental plans on the Corporation's website within a reasonable 
timeframe following their submission to the appropriate entities: 
Provided further, That none of the funds under this heading may be 
obligated or expended until the National Railroad Passenger Corporation 
agrees to continue abiding by the provisions of paragraphs 1, 2, 3, 5, 
9, and 11 of the summary of conditions for the direct loan agreement of 
June 28, 2002, in the same manner as in effect on the date of enactment 
of this Act: Provided further, That none of the funds provided in this 
Act may be used after March 1, 2006, to support any route on which 
Amtrak offers a discounted fare of more than 50 percent off the normal, 
peak fare.


   capital and debt service grants to the national railroad passenger 
                               corporation


    To enable the Secretary of Transportation to make quarterly grants 
to the National Railroad Passenger Corporation for the maintenance and 
repair of capital infrastructure owned by the National Railroad 
Passenger Corporation, including railroad equipment, rolling stock, 
legal mandates and other services, $780,000,000, to remain available 
until expended, of which not to exceed $280,000,000 shall be for debt 
service obligations: Provided, That the Secretary of Transportation 
shall approve funding for capital expenditures, including advance 
purchase orders, for the National Railroad Passenger Corporation only 
after receiving and reviewing a grant request for each specific capital 
grant justifying the Federal support to the Secretary's satisfaction: 
Provided further, That none of the funds under this heading may be used 
to subsidize operating losses of the National Railroad Passenger

[[Page 119 STAT. 2415]]

Corporation: Provided further, That none of the funds under this heading 
may be used for capital projects not approved by the Secretary of 
Transportation or on the National Railroad Passenger Corporation's 
fiscal year 2006 business plan: Provided further, That the Secretary 
shall determine the cost to the Corporation for the annual Northeast 
Corridor capital and maintenance costs attributable to commuter rail 
operations over said Corridor: Provided further, That these costs shall 
be calculated by the Secretary based on the train mile usage of each 
commuter rail authority as a percentage of the total number of annual 
train miles used by all users of the Northeast Corridor or by whatever 
measure the Secretary believes to be most appropriate: Provided 
further, <<NOTE: Fees.>> That, notwithstanding any other provision of 
law, the Secretary shall assess fees to each commuter rail authority for 
any direct capital or maintenance costs associated with that rail 
authority's usage of the corridor: Provided further, That such 
assessments shall account fully for whatever direct annual contributions 
are already being made by each commuter authority for such Northeast 
Corridor capital and maintenance expenses in that fiscal year: Provided 
further, That the revenues from such fees shall be merged with this 
appropriation and be available for obligation and expenditure consistent 
with the terms and conditions of this 
paragraph: <<NOTE: Records.>> Provided further, That the Secretary shall 
transmit to Congress a monthly accounting of charges levied in 
accordance with the preceding proviso.


     efficiency incentive grants to the national railroad passenger 
                               corporation


    For an additional amount to be made available to the Secretary for 
efficiency incentive grants to the National Railroad Passenger 
Corporation, $40,000,000, to remain available until expended: Provided, 
That the Secretary may make grants to the National Railroad Passenger 
Corporation for an additional sum for operating subsidies at any time 
during the fiscal year for the purpose of maintaining the operation of 
existing Amtrak routes: Provided further, That nothing in the previous 
proviso should be interpreted either to encourage or discourage the 
Corporation with respect to adjusting existing routes or frequencies: 
Provided further, That the Secretary may make grants for operating 
subsidies at any time during the fiscal year in order to avert the 
Corporation's entry into bankruptcy 
proceedings: <<NOTE: Certification.>> Provided further, That prior to 
awarding additional operating grants for the purpose of the preceding 
proviso, the Secretary and the Inspector General of the Department of 
Transportation shall certify to the Committees on Appropriations of the 
House of Representatives and the Senate that such grants are necessary 
to prevent the Corporation from entering bankruptcy: Provided further, 
That if the Secretary and the Inspector General deem that sufficient 
operating funds are available to continue operations through the end of 
fiscal year 2006, then, as of September 1, 2006, the Secretary may make 
grants to the National Railroad Passenger Corporation at such times and 
in such amounts for capital improvements that have a direct and 
measurable short-term impact on reducing operating losses of the 
National Railroad Passenger Corporation.

[[Page 119 STAT. 2416]]

       administrative provisions--federal railroad administration


    Sec. 130. The Secretary may purchase promotional items of nominal 
value for use in public outreach activities to accomplish the purposes 
of 49 U.S.C. 20134: <<NOTE: Guidelines.>> Provided, That the Secretary 
shall prescribe guidelines for the administration of such purchases and 
use.

    Sec. 131. <<NOTE: Grants. Maine.>> Notwithstanding any other 
provision of law, from funds made available to the Federal Railroad 
Administration under the heading ``Next Generation High-Speed Rail'' in 
the Consolidated Appropriations Act of 2005 (Public Law 108-447), the 
Secretary of Transportation shall award a grant in the amount of 
$500,000 to the Maine Department of Transportation for Safety and 
Mitigation Rail Relocation in Auburn, Maine.

    Sec. 132. <<NOTE: Illinois.>> Notwithstanding any other provision of 
law, funds made available to the Federal Railroad Administration for the 
Illinois statewide highway-rail crossing safety program on page 1420 of 
the Joint Explanatory Statement of the Committee of Conference for 
Public Law 108-447 (House Report 108-792) shall be made available to the 
Illinois Commerce Commission for the Public Education and Enforcement 
Research (PEERS) program to improve rail-grade crossing safety through 
education and enforcement initiatives.

    Sec. 133. Notwithstanding any existing Federal legislation, from 
funds available to the Federal Railroad Administration under the heading 
of ``Next Generation High-Speed Rail'' in the Consolidated 
Appropriations Act of 2004, Public Law 108-199; the Secretary of 
Transportation may award a grant of $1,000,000 to the New Orleans 
Regional Planning Commission, New Orleans, Louisiana for site planning 
and an update of the Master Plan for the Union Passenger Terminal, 
located at New Orleans, Louisiana.
    Sec. 134. <<NOTE: Washington.>> Notwithstanding any other provision 
of law, funds made available to the Federal Railroad Administration for 
the Spokane Region High Speed Rail Corridor Study on page 1420 of the 
Joint Explanatory Statement of the Committee of Conference for Public 
Law 108-447 (House Report 108-792) shall be made available to the 
Washington State Department of Transportation for grade crossing and 
related improvements under the Bridging the Valley project between 
Spokane County, Washington and Kootenai County, Idaho.

    Sec. 135. Of the $40,000,000 provided under the heading ``Efficiency 
Incentive Grants to the National Railroad Passenger Corporation'', and 
notwithstanding limitation language contained therein, $8,300,000 shall 
be made available immediately upon enactment of this Act only for a 
revenue service demonstration of not less than 5,500 carload shipments 
of premium temperature-controlled express.

                     Federal Transit Administration


                         administrative expenses


    For necessary administrative expenses of the Federal Transit 
Administration's programs authorized by chapter 53 of title 49, United 
States Code, $80,000,000: Provided, That of the funds available under 
this heading, not to exceed $925,000 shall be available for the Office 
of the Administrator; not to exceed $7,325,000 shall be available for 
the Office of Administration; not to exceed

[[Page 119 STAT. 2417]]

$4,058,200 shall be available for the Office of the Chief Counsel; not 
to exceed $1,359,300 shall be available for the Office of Communication 
and Congressional Affairs; not to exceed $7,985,900 shall be available 
for the Office of Program Management; not to exceed $8,732,500 shall be 
available for the Office of Budget and Policy; not to exceed $4,763,900 
shall be available for the Office of Demonstration and Innovation; not 
to exceed $3,153,100 shall be available for the Office of Civil Rights; 
not to exceed $4,127,300 shall be available for the Office of Planning; 
not to exceed $20,754,000 shall be available for regional offices; and 
not to exceed $16,815,800 shall be available for the central account: 
Provided further, That the Administrator is authorized to transfer funds 
appropriated for an office of the Federal Transit Administration: 
Provided further, That no appropriation for an office shall be increased 
or decreased by more than a total of 5 percent during the fiscal year by 
all such transfers: Provided further, That any change in funding greater 
than 5 percent shall be submitted for approval to the House and Senate 
Committees on Appropriations: Provided further, That any funding 
transferred from the central account shall be submitted for approval to 
the House and Senate Committees on Appropriations: Provided further, 
That none of the funds provided or limited in this Act may be used to 
create a permanent office of transit security under this heading: 
Provided further, That of the funds in this Act available for the 
execution of contracts under section 5327(c) of title 49, United States 
Code, $2,000,000 shall be reimbursed to the Department of 
Transportation's Office of Inspector General for costs associated with 
audits and investigations of transit-related issues, including reviews 
of new fixed guideway systems: <<NOTE: Reports.>> Provided further, That 
upon submission to the Congress of the fiscal year 2007 President's 
budget, the Secretary of Transportation shall transmit to Congress the 
annual report on new starts, including proposed allocations of funds for 
fiscal year 2007.


                         formula and bus grants


                   (liquidation of contract authority)


                       (limitation on obligations)


                      (including transfer of funds)


    For payment of obligations incurred in carrying out the provisions 
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5317, 5320, 5335, 5339, 
and 5340 and section 3038 of Public Law 105-178, as amended, 
$1,500,000,000, to be derived from the Mass Transit Account of the 
Highway Trust Fund and to remain available until expended: Provided, 
That funds available for the implementation or execution of programs 
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5317, 
5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-178, as 
amended, shall not exceed total obligations of $6,979,931,000 in fiscal 
year 2006: Provided further, That of the funds made available to carry 
out capital projects to modernize fixed guideway systems authorized 
under 49 U.S.C. 5309(b)(2), $47,766,000 shall be transferred to the 
Capital Investment Grants account and made available to carry out new 
fixed guideway capital projects identified in this Act and in accordance 
with the applicable provisions of 49 U.S.C. 5309: Provided further, That 
except as provided in section 3044(b)(1) of Public

[[Page 119 STAT. 2418]]

Law 109-59, funds made available to carry out 49 U.S.C. 5308 shall 
instead be available to carry out 49 U.S.C. 5309(b)(3).


                research and university research centers


    For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 5322, 
and 5506, $75,200,000, to remain available until expended: Provided, 
That $9,000,000 is available to carry out the transit cooperative 
research program under section 5313 of title 49, United States Code, 
$4,300,000 is available for the National Transit Institute under section 
5315 of title 49, United States Code, $7,000,000 is available for 
university transportation centers program under section 5506 of title 
49, United States Code: Provided further, That $54,200,000 is available 
to carry out national research programs under sections 5312, 5313, 5314, 
and 5322 of title 49, United States Code.


                        capital investment grants


    For necessary expenses to carry out section 5309 of title 49, United 
States Code, $1,455,234,000, to remain available until expended as 
follows:
            ACE Gap Closure San Joaquin County, California, $5,000,000.
            Alaska and Hawaii ferry projects, $15,000,000.
            Ann Arbor/Detroit Commuter Rail, Michigan, $5,000,000.
            Atlanta Beltline/C-Loop, Georgia, $1,000,000.
            Baltimore Central Light Rail Double Track Project, Maryland, 
        $12,420,000.
            Baltimore Red Line and Green Line, Maryland, $2,000,000.
            Boston/Fitchburg, Massachusetts Rail Corridor, $2,000,000.
            Central Corridor/St. Paul--Minneapolis, Minnesota, 
        $2,000,000.
            Central Florida Commuter Rail, $11,000,000.
            Central Phoenix/East Valley LRT, Arizona, $90,000,000.
            Charlotte South Corridor Light Rail Project, North Carolina, 
        $55,000,000.
            City of Miami Streetcar, Florida, $2,000,000.
            City of Rock Hill Trolley Study, South Carolina, $400,000.
            Commuter Rail, Albuquerque to Santa Fe, New Mexico, 
        $500,000.
            Commuter Rail, Utah, $9,000,000.
            CORRIDORone Regional Rail Project, Pennsylvania, $1,500,000.
            CTA Douglas Blue Line, Illinois, $45,150,000.
            CTA Ravenswood Brown Line, Illinois, $40,000,000.
            CTA Yellow Line, Illinois, $1,000,000.
            Dallas Northwest/Southeast Light Rail MOS, Texas, 
        $12,000,000.
            Denali Commission, Alaska, $5,000,000.
            Detroit Center City Loop, Michigan, $4,000,000.
            Dulles Corridor Rapid Transit Project, Virginia, 
        $26,000,000.
            East Corridor Commuter Rail, Nashville, Tennessee, 
        $6,000,000.
            East Side Access Project, New York, $340,000,000.
            Euclid Corridor Transportation Project, Ohio, $24,774,513.
            Fort Lauderdale Downtown Rail Link, Florida, $1,000,000.

[[Page 119 STAT. 2419]]

            Gainesville-Haymarket VRE Service Extension, Virginia, 
        $1,450,000.
            Hartford-New Britain Busway, Connecticut, $6,000,000.
            Houston METRO, Texas, $12,000,000.
            Hudson-Bergen Light Rail MOS 2, New Jersey, $100,000,000.
            Kansas City, Missouri, Southtown BRT, $12,300,000.
            Metra, Illinois, $42,180,000.
            Metro Gold Line Eastside Light Rail Extension, California, 
        $80,000,000.
            Miami Dade County Metrorail Extension, Florida, $10,000,000.
            Mid-Coast Light Rail Transit Extension, California, 
        $7,160,000.
            Mid-Jordan Light Rail Transit Line, Utah, $500,000.
            Mission Valley East, California, $7,700,000.
            N. Indiana Commuter Transit District Recapitalization, 
        $5,000,000.
            New Jersey Trans-Hudson Midtown Corridor, New Jersey, 
        $12,315,000.;
            North Corridor Interstate MAX Light Rail Project, Oregon, 
        $18,110,000.
            North Shore Connector, Pennsylvania, $55,000,000.
            North Shore Corridor and Blue Line Extension, Massachusetts, 
        $2,000,000.
            Northeast Corridor Commuter Rail Project, Delaware, 
        $1,425,000.
            Northern Branch Bergen County, New Jersey, $2,500,000.
            Northstar Corridor Commuter Rail Project, Minnesota, 
        $2,000,000.
            Northwest New Jersey--Northeast Pennsylvania Passenger Rail, 
        $10,000,000.
            Oceanside Escondido Rail Project, California, $12,210,000.
            Odgen Avenue Transit Corridor/Circle Line, Illinois, 
        $1,000,000.
            Regional Fixed Guideway Project, Nevada, $3,000,000.
            Rhode Island Integrated Commuter Rail Project, Rhode Island, 
        $6,000,000.
            San Francisco BART Extension to San Francisco International 
        Airport, California, $81,860,000.
            San Francisco Muni Third Street Light Rail Project, 
        California, $25,000,000.
            San Juan Tren Urbano, Puerto Rico, $8,045,487.
            Santa Barbara Coast Rail Track Improvement Project, 
        California, $1,000,000.
            Schuylkill Valley Metro, Pennsylvania, $4,000,000.
            Seattle Sound Transit, Washington, $80,000,000.
            Second Avenue Subway, New York, $25,000,000.
            Silicon Valley Rapid Transit Corridor Project, Santa Clara 
        County, California, $6,500,000.
            Silver Line Phase III, Massachusetts, $4,000,000.
            Sounder Commuter Rail, Washington, $5,000,000.
            Southeast Corridor Multi-Modal Project (T-REX), Colorado, 
        $80,000,000.
            Stamford Urban Transitway, Connecticut, $10,000,000.
            Triangle Transit Authority Regional Rail System (Raleigh-
        Durham), North Carolina, $20,000,000.

[[Page 119 STAT. 2420]]

            Washington County Commuter Rail Project, Oregon, 
        $15,000,000.
            West Corridor Light Rail, Colorado, $5,000,000.


        administrative provisions--federal transit administration


    Sec. 140. <<NOTE: 49 USC 5338 note.>> The limitations on obligations 
for the programs of the Federal Transit Administration shall not apply 
to any authority under 49 U.S.C. 5338, previously made available for 
obligation, or to any other authority previously made available for 
obligation.

    Sec. 141. Notwithstanding any other provision of law, and except for 
fixed guideway modernization projects, funds made available by this Act 
under ``Federal Transit Administration, Capital investment grants'' for 
projects specified in this Act or identified in reports accompanying 
this Act not obligated by September 30, 2008, and other recoveries, 
shall be made available for other projects under 49 U.S.C. 5309.
    Sec. 142. Notwithstanding any other provision of law, any funds 
appropriated before October 1, 2005, under any section of chapter 53 of 
title 49, United States Code, that remain available for expenditure may 
be transferred to and administered under the most recent appropriation 
heading for any such section.
    Sec. 143. Notwithstanding any other provision of law, unobligated 
funds made available for a new fixed guideway systems projects under the 
heading ``Federal Transit Administration, Capital Investment Grants'' in 
any appropriations Act prior to this Act may be used during this fiscal 
year to satisfy expenses incurred for such projects.
    Sec. 144. Funds made available for Alaska or Hawaii ferry boats or 
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be 
used to construct new vessels and facilities, or to improve existing 
vessels and facilities, including both the passenger and vehicle-related 
elements of such vessels and facilities, and for repair facilities: 
Provided, That not more than $3,000,000 of the funds made available 
pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the State of Hawaii 
to initiate and operate a passenger ferryboat services demonstration 
project to test the viability of different intra-island and inter-island 
ferry boat routes and technology: Provided further, That notwithstanding 
49 U.S.C. 5302(a)(7), funds made available for Alaska or Hawaii ferry 
boats may be used to acquire passenger ferry boats and to provide 
passenger ferry transportation services within areas of the State of 
Hawaii under the control or use of the National Park Service.
    Sec. 145. Amounts made available from the bus category of the 
Capital Investment Grants Account or Discretionary Grants Account in 
this or any other previous Appropriations Act that remain unobligated or 
unexpended in a grant for a multimodal transportation facility in 
Burlington, Vermont, may be used for site-preparation and design 
purposes of a multimodal transportation facility in a different location 
within Burlington, Vermont, than originally intended notwithstanding 
previous expenditures incurred such purposes at the original location.
    Sec. 146. <<NOTE: Washington.>> Notwithstanding any other provision 
of law, funds designated in the conference report accompanying Public 
Law 108-447 and Public Law 108-199 for the King County Metro Park and 
Ride on First Hill, Seattle, Washington, shall be available

[[Page 119 STAT. 2421]]

to the Swedish Hospital parking garage, Seattle, Washington, subject to 
the same conditions and requirements of section 125 of division H of 
Public Law 108-447.

    Sec. 147. Funds in this Act that are apportioned to the Charleston 
Area Regional Transportation Authority to carry out section 5307 of 
title 49, United States Code, may be used to acquire land, equipment, or 
facilities used in public transportation from another governmental 
authority in the same geographic area: Provided, That the non-Federal 
share under section 5307 may include revenues from the sale of 
advertising and concessions.
    Sec. 148. Notwithstanding any other provision of law, any 
unobligated funds designated to the Jacksonville Transportation 
Authority, Community Transportation Coordinator Program under the 
heading ``Job Access and Reverse Commute Grants'' in the statement of 
the managers accompanying Public Law 108-199 may be made available to 
the Jacksonville Transportation Authority for any purpose authorized 
under the Job Access and Reverse Commute program.
    Sec. 149. Notwithstanding any other provision of law, any funds made 
available to the South Shore Commuter Rail, Indiana, project under the 
Federal Transit Administration Capital Investment Grants Account in 
division H of Public Law 108-447 that remain available may be used for 
remodernization of the South Shore Commuter Rail system.

              Saint Lawrence Seaway Development Corporation

    The Saint Lawrence Seaway Development Corporation is hereby 
authorized to make such expenditures, within the limits of funds and 
borrowing authority available to the Corporation, and in accord with 
law, and to make such contracts and commitments without regard to fiscal 
year limitations as provided by section 104 of the Government 
Corporation Control Act, as amended, as may be necessary in carrying out 
the programs set forth in the Corporation's budget for the current 
fiscal year.


                       operations and maintenance


                     (harbor maintenance trust fund)


    For necessary expenses for operations and maintenance of those 
portions of the Saint Lawrence Seaway operated and maintained by the 
Saint Lawrence Seaway Development Corporation, $16,284,000, to be 
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 
99-662.

                         Maritime Administration


                        maritime security program


    For necessary expenses to maintain and preserve a U.S.-flag merchant 
fleet to serve the national security needs of the United States, 
$156,000,000, to remain available until expended.


                         operations and training


    For necessary expenses of operations and training activities 
authorized by law, $122,249,000 of which $23,750,000 shall remain 
available until September 30, 2006, for salaries and benefits of

[[Page 119 STAT. 2422]]

employees of the United States Merchant Marine Academy; of which 
$15,000,000 shall remain available until expended for capital 
improvements at the United States Merchant Marine Academy; and of which 
$8,211,000 shall remain available until expended for the State Maritime 
Schools Schoolship Maintenance and Repair.


                              ship disposal


    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$21,000,000, to remain available until expended.


           maritime guaranteed loan (title xi) program account


                      (including transfer of funds)


    For administrative expenses to carry out the guaranteed loan 
program, not to exceed $4,126,000, which shall be transferred to and 
merged with the appropriation for Operations and Training.


                            ship construction


                              (rescission)


    Of the unobligated balances available under this heading, $2,071,280 
are rescinded.


           administrative provisions--maritime administration


    Sec. 150. <<NOTE: Contracts.>> Notwithstanding any other provision 
of this Act, the Maritime Administration is authorized to furnish 
utilities and services and make necessary repairs in connection with any 
lease, contract, or occupancy involving Government property under 
control of the Maritime Administration, and payments received therefore 
shall be credited to the appropriation charged with the cost thereof: 
Provided, That rental payments under any such lease, contract, or 
occupancy for items other than such utilities, services, or repairs 
shall be covered into the Treasury as miscellaneous receipts.

    Sec. 151. No obligations shall be incurred during the current fiscal 
year from the construction fund established by the Merchant Marine Act, 
1936 (46 App. U.S.C. 1101 et seq.), or otherwise, in excess of the 
appropriations and limitations contained in this Act or in any prior 
appropriations Act.

         Pipeline and Hazardous Materials Safety Administration


                         administrative expenses


    For necessary administrative expenses of the Pipeline and Hazardous 
Materials Safety Administration, $16,877,000, of which $645,000 shall be 
derived from the Pipeline Safety Fund.


                       hazardous materials safety


    For expenses necessary to discharge the hazardous materials safety 
functions of the Pipeline and Hazardous Materials Safety Administration, 
$26,138,000, of which $1,847,000 shall remain available until September 
30, 2008: Provided, That up to $1,200,000 in fees collected under 49 
U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as 
offsetting receipts: Provided

[[Page 119 STAT. 2423]]

further, That there may be credited to this appropriation, to be 
available until expended, funds received from States, counties, 
municipalities, other public authorities, and private sources for 
expenses incurred for training, for reports publication and 
dissemination, and for travel expenses incurred in performance of 
hazardous materials exemptions and approvals functions.


                             pipeline safety


                         (pipeline safety fund)


                    (oil spill liability trust fund)


    For expenses necessary to conduct the functions of the pipeline 
safety program, for grants-in-aid to carry out a pipeline safety 
program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline 
program responsibilities of the Oil Pollution Act of 1990, $73,010,000, 
of which $15,000,000 shall be derived from the Oil Spill Liability Trust 
Fund and shall remain available until September 30, 2008; of which 
$58,010,000 shall be derived from the Pipeline Safety Fund, of which 
$24,000,000 shall remain available until September 30, 2008: Provided, 
That not less than $1,000,000 of the funds provided under this heading 
shall be for the one-call State grant program.


                      emergency preparedness grants


                      (emergency preparedness fund)


    For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to 
be derived from the Emergency Preparedness Fund, to remain available 
until September 30, 2007: Provided, That not more than $14,300,000 shall 
be made available for obligation in fiscal year 2006 from amounts made 
available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That none 
of the funds made available by 49 U.S.C. 5116(i), 5127(c), and 5127(d) 
shall be made available for obligation by individuals other than the 
Secretary of Transportation, or his designee.

            Research and Innovative Technology Administration


                        research and development


    For necessary expenses of the Research and Innovative Technology 
Administration, $5,774,000, of which $1,121,000 shall remain available 
until September 30, 2008: Provided, That there may be credited to this 
appropriation, to be available until expended, funds received from 
States, counties, municipalities, other public authorities, and private 
sources for expenses incurred for training.

                       Office of Inspector General


                          salaries and expenses


    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$62,499,000: Provided, That the Inspector General shall have all 
necessary authority, in carrying out the duties specified in the 
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate 
allegations of fraud, including false statements

[[Page 119 STAT. 2424]]

to the government (18 U.S.C. 1001), by any person or entity that is 
subject to regulation by the Department: Provided further, <<NOTE: Air 
carriers. Ticket agents.>> That the funds made available under this 
heading shall be used to investigate, pursuant to section 41712 of title 
49, United States Code: (1) unfair or deceptive practices and unfair 
methods of competition by domestic and foreign air carriers and ticket 
agents; and (2) the compliance of domestic and foreign air carriers with 
respect to item (1) of this proviso.

                      Surface Transportation Board


                          salaries and expenses


    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $26,450,000: Provided, 
That notwithstanding any other provision of law, not to exceed 
$1,250,000 from fees established by the Chairman of the Surface 
Transportation Board shall be credited to this appropriation as 
offsetting collections and used for necessary and authorized expenses 
under this heading: Provided further, That the sum herein appropriated 
from the general fund shall be reduced on a dollar-for-dollar basis as 
such offsetting collections are received during fiscal year 2006, to 
result in a final appropriation from the general fund estimated at no 
more than $25,200,000.

         Administrative Provisions--Department of Transportation


                     (including transfers of funds)


    Sec. 160. During the current fiscal year applicable appropriations 
to the Department of Transportation shall be available for maintenance 
and operation of aircraft; hire of passenger motor vehicles and 
aircraft; purchase of liability insurance for motor vehicles operating 
in foreign countries on official department business; and uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
    Sec. 161. Appropriations contained in this Act for the Department of 
Transportation shall be available for services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per diem rate 
equivalent to the rate for an Executive Level IV.
    Sec. 162. None of the funds in this Act shall be available for 
salaries and expenses of more than 108 political and Presidential 
appointees in the Department of Transportation: Provided, That none of 
the personnel covered by this provision may be assigned on temporary 
detail outside the Department of Transportation.
    Sec. 163. None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code.
    Sec. 164. (a) No recipient of funds made available in this Act shall 
disseminate personal information (as defined in 18 U.S.C. 2725(3)) 
obtained by a State department of motor vehicles in connection with a 
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided 
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
    (b) Notwithstanding subsection (a), the Secretary shall not withhold 
funds provided in this Act for any grantee if a State is in 
noncompliance with this provision.
    Sec. 165. Funds received by the Federal Highway Administration, 
Federal Transit Administration, and Federal Railroad

[[Page 119 STAT. 2425]]

Administration from States, counties, municipalities, other public 
authorities, and private sources for expenses incurred for training may 
be credited respectively to the Federal Highway Administration's 
``Federal-Aid Highways'' account, the Federal Transit Administration's 
``Transit Planning and Research'' account, and to the Federal Railroad 
Administration's ``Safety and Operations'' account, except for State 
rail safety inspectors participating in training pursuant to 49 U.S.C. 
20105.
    Sec. 166. Notwithstanding any other provisions of law, rule or 
regulation, the Secretary of Transportation is authorized to allow the 
issuer of any preferred stock heretofore sold to the Department to 
redeem or repurchase such stock upon the payment to the Department of an 
amount determined by the Secretary.
    Sec. 167. <<NOTE: Notification. Deadline.>> None of the funds in 
this Act to the Department of Transportation may be used to make a grant 
unless the Secretary of Transportation notifies the House and Senate 
Committees on Appropriations not less than 3 full business days before 
any discretionary grant award, letter of intent, or full funding grant 
agreement totaling $1,000,000 or more is announced by the department or 
its modal administrations from: (1) any discretionary grant program of 
the Federal Highway Administration other than the emergency relief 
program; (2) the airport improvement program of the Federal Aviation 
Administration; or (3) any program of the Federal Transit Administration 
other than the formula grants and fixed guideway modernization programs: 
Provided, That no notification shall involve funds that are not 
available for obligation.

    Sec. 168. Rebates, refunds, incentive payments, minor fees and other 
funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations of 
the Department of Transportation and allocated to elements of the 
Department of Transportation using fair and equitable criteria and such 
funds shall be available until expended.
    Sec. 169. Amounts made available in this or any other Act that the 
Secretary determines represent improper payments by the Department of 
Transportation to a third party contractor under a financial assistance 
award, which are recovered pursuant to law, shall be available--
            (1) to reimburse the actual expenses incurred by the 
        Department of Transportation in recovering improper payments; 
        and
            (2) to pay contractors for services provided in recovering 
        improper payments: Provided, That amounts in excess of that 
        required for paragraphs (1) and (2)--
                    (A) shall be credited to and merged with the 
                appropriation from which the improper payments were 
                made, and shall be available for the purposes and period 
                for which such appropriations are available; or
                    (B) if no such appropriation remains available, 
                shall be deposited in the Treasury as miscellaneous 
                receipts: Provided, <<NOTE: Notification.>> That prior 
                to the transfer of any such recovery to an 
                appropriations account, the Secretary shall notify the 
                House and Senate Committees on Appropriations of the 
                amount and reasons for such transfer: Provided further,

[[Page 119 STAT. 2426]]

                That for purposes of this section, the term ``improper 
                payments'', has the same meaning as that provided in 
                section 2(d)(2) of Public Law 107-300.

    Sec. 170. The Secretary of Transportation is authorized to transfer 
the unexpended balances available for the bonding assistance program 
from ``Office of the Secretary, Salaries and expenses'' to ``Minority 
Business Outreach''.
    Sec. 171. None of the funds made available in this Act to the 
Department of Transportation may be obligated for the Office of the 
Secretary of Transportation to approve assessments or reimbursable 
agreements pertaining to funds appropriated to the modal administrations 
in this Act, except for activities underway on the date of enactment of 
this Act, unless such assessments or agreements have completed the 
normal reprogramming process for Congressional notification.
    Sec. 172. None of the funds made available under this Act may be 
obligated or expended to establish or implement a pilot program under 
which not more than 10 designated essential air service communities 
located in proximity to hub airports are required to assume 10 percent 
of their essential air subsidy costs for a 4-year period commonly 
referred to as the EAS local participation program.
    Sec. 173. (a) Section 14710(a) of title 49, United States Code, is 
amended--
            (1) by striking ``a State authority may'' and inserting ``a 
        State authority other than the attorney general of the state 
        may, as parens patriae,''; and
            (2) by inserting the following after the first sentence:

``Any civil action for injunctive relief to enjoin such delivery or 
transportation or to compel a person to pay a fine or penalty assessed 
under chapter 149 shall be brought in an appropriate district court of 
the United States.''.
    (b) Section 14710(b) of title 49, United States Code, is amended to 
read as follows:
    ``(b) Exercise of Enforcement Authority.--The authority of this 
section shall be exercised subject to the requirements of sections 
14711(b)-(f) of this title.''.
    (c) Section 14711(b)(1) of title 49, United States Code, is amended 
by inserting the following at the end:
``The State may initiate a civil action under subsection (a) if it is 
reviewable under subsection (b)(2).''.
    (d) Section 14711(b)(4) of title 49, United States Code, is amended 
by inserting ``that is subject to review under subsection (b)(2)'' 
before ``if the Secretary''.
    (e) <<NOTE: Termination date. 49 USC 14710 note.>> The amendments 
made by this section shall cease to be in effect after September 30, 
2006.

    Sec. 174. Section 112(b)(2) of title 23, United States Code, is 
amended--
            (1) in subparagraph (A), by striking ``title 40'' and all 
        that follows through the period and inserting ``title 40.'';
            (2) by striking subparagraph (B);
            (3) by redesignating subparagraphs (C) through (G) as 
        subparagraphs (B) through (F), respectively;
            (4) in subparagraph (E) (as redesignated by paragraph (3)), 
        in the first sentence, by striking ``subparagraph (E)'' and 
        inserting ``subparagraph (D)''; and

[[Page 119 STAT. 2427]]

            (5) in subparagraph (F) (as redesignated by paragraph (3)), 
        by striking ``State Option'' and all that follows through the 
        period and inserting ``(F) Subparagraphs (B), (C), (D) and (E) 
        herein shall not apply to the States of West Virginia or 
        Minnesota.''.

    Sec. 175. Notwithstanding any provision of law, the Secretary of 
Transportation is authorized and directed to make project grants under 
chapter 471 of title 49, United States Code, from funds available for 
fiscal year 2006 and thereafter under 49 U.S.C. 48103, for the cost of 
acquisition of land, or reimbursement of the cost of land if purchased 
prior to enactment of this provision and prior to a grant agreement, for 
non-exclusive use aeronautical purposes on an airport layout plan that 
has been approved by the Secretary on January 23, 2004, pursuant to 
section 49 U.S.C. 47107(a)(16), for any small hub airport as defined in 
49 U.S.C. 47102, and had scheduled or chartered direct international 
flights totaling at least 200 million pounds gross aircraft landed 
weight for calendar year 2002.
    Sec. 176. (a) Section 47108 of title 49, United States Code, is 
amended in subsection (e) by adding the following new paragraph at the 
end:
            ``(3) Changes to nonhub primary status.--If the status of a 
        nonhub primary airport changes to a small hub primary airport at 
        a time when the airport has received discretionary funds under 
        this chapter for a terminal development project in accordance 
        with section 47110(d)(2), and the project is not yet completed, 
        the project shall remain eligible for funding from the 
        discretionary fund and the small airport fund to pay costs 
        allowable under section 47110(d). Such project shall remain 
        eligible for such funds for three fiscal years after the start 
        of construction of the project, or if the Secretary determines 
        that a further extension of eligibility is justified, until the 
        project is completed.''.

    (b) Conforming Amendment.--Section 47110(d)(2)(A) <<NOTE: 49 USC 
47110.>> is amended by striking ``(A) the'' and inserting ``(A) except 
as provided in section 47108(e)(3), the''.

    Sec. 177. Section 40128(e) of title 49, United States Code, is 
amended by adding at the end the following: ``For purposes of this 
subsection, an air tour operator flying over the Hoover Dam in the Lake 
Mead National Recreation Area en route to the Grand Canyon National Park 
shall be deemed to be flying solely as a transportation 
route.''. <<NOTE: 49 USC 40128 note.>> Nothing in this provision shall 
allow exemption from overflight rules for the Grand Canyon.

    Sec. 178. Section 145(c) of the Aviation and Transportation Security 
Act (49 U.S.C. 40101 note) is amended by striking ``November 19, 2005.'' 
and inserting ``November 30, 2006.''.
    Sec. 179. <<NOTE: Applicability.>> (a)(1) This section shall apply 
to a former employee of the Federal Aviation Administration, who--
            (A) was involuntarily separated as a result of the 
        reorganization of the Flight Services Unit following the 
        outsourcing of flight service duties to a contractor;
            (B) was not eligible by October 3, 2005 for an immediate 
        annuity under a Federal retirement system; and
            (C) assuming continued Federal employment, would attain 
        eligibility for an immediate annuity under section 8336(d) or 
        8414(b) of title 5, United States Code, not later than October 
        4, 2007.

[[Page 119 STAT. 2428]]

    (2) <<NOTE: Effective date. Termination date.>> Notwithstanding any 
other provision of law, during the period beginning on the date of 
enactment of this Act and ending October 4, 2007, an employee described 
under paragraph (1) may, with the approval of the Administrator of the 
Federal Aviation Administration or the designee of the Administrator, 
accept an assignment to such contractor within 14 days after the date of 
enactment of this section.

    (3) Except as provided in subsection (c), an employee appointed 
under paragraph (1)--
            (A) shall be a temporary Federal employee for the duration 
        of the assignment;
            (B) notwithstanding such temporary status, shall retain 
        previous enrollment or participation in Federal employee 
        benefits programs under chapters 83, 84, 87, and 89 of title 5, 
        United States Code; and
            (C) shall be considered to have not had a break in service 
        for purposes of chapters 83, 84, and sections 8706(b) and 
        8905(b) of title 5, United States Code, except no service credit 
        or benefits shall be extended retroactively.

    (4) <<NOTE: Termination date.>> An assignment and temporary 
appointment under this section shall terminate on the earlier of--
            (A) October 4, 2007; or
            (B) the date on which the employee first becomes eligible 
        for an immediate annuity under section 8336(d) or 8414(b) of 
        title 5, United States Code.

    (5) Such funds as may be necessary are authorized for the Federal 
Aviation Administration to pay the salary and benefits of an employee 
assigned under this section, but no funds are authorized to reimburse 
the employing contractor for the salary and benefits of an employee so 
assigned.
    (b) An employee who was involuntarily separated as a result of the 
reorganization of the Flight Services Unit following the outsourcing of 
flight service duties to a contractor, and was eligible to use annual 
leave under the conditions of section 6302(g) of title 5, United States 
Code, may use such leave to--
            (1) qualify for an immediate annuity or to meet the age or 
        service requirements for an enhanced annuity that the employee 
        could qualify for under sections 8336, 8412, or 8414; or
            (2) to meet the requirements under section 8905(b) of title 
        5, United States Code, to qualify to continue health benefits 
        coverage after retirement from service.

    (c)(1) Nothing in this section shall--
            (A) affect the validity or legality of the reduction-in-
        force actions of the Federal Aviation Administration effective 
        October 3, 2005; or
            (B) create any individual rights of actions regarding such 
        reduction-in-force or any other actions related to or arising 
        under the competitive sourcing of flight services.

    (2) An employee subject to this section shall not be--
            (A) covered by chapter 71 of title 5, United States Code, 
        while on the assignment authorized by this section; or
            (B) subject to section 208 of title 18, United States Code.

    (3) Temporary employees assigned under this section shall not be 
Federal employees for purposes of chapter 171 of title 28, United States 
Code (commonly referred to as the Federal Tort Claims Act). Chapter 171 
of title 28, United States Code (commonly referred

[[Page 119 STAT. 2429]]

to as the Federal Tort Claims Act) and any other Federal tort liability 
statute shall not apply to an employee who is assigned to a contractor 
under subsection (a).
    Sec. 180. (a) In this section:
            (1) The term ``Conservation Area'' means the Sloan Canyon 
        National Conservation Area established by section 604(a) of the 
        Clark County Conservation of Public Land and Natural Resources 
        Act of 2002 (116 Stat. 2010).
            (2) The term ``County'' means Clark County, Nevada.
            (3)(A) The term ``helicopter tour'' means a commercial 
        helicopter tour operated for profit.
            (B) The term ``helicopter tour'' does not include a 
        helicopter tour that is carried out to assist a Federal, State, 
        or local agency.
            (4) The term ``Secretary'' means the Secretary of the 
        Interior.
            (5) The term ``Wilderness'' means the North McCullough 
        Mountains Wilderness established by section 202(a)(13) of the 
        Clark County Conservation of Public Land and Natural Resources 
        Act of 2002 (116 Stat. 2000).

    (b) As soon as practicable after the date of enactment of this Act, 
the Secretary shall convey to the County, subject to valid existing 
rights, for no consideration, all right, title, and interest of the 
United States in and to the parcel of land described in subsection (c).
    (c) The parcel of land to be conveyed under subsection (b) is the 
parcel of approximately 229 acres of land depicted as tract A on the map 
entitled ``Clark County Public Heliport Facility'' and dated May 3, 
2004.
    (d)(1) The parcel of land conveyed under subsection (b)--
            (A) shall be used by the County for the operation of a 
        heliport facility under the conditions stated in paragraphs (2), 
        (3), and (4); and
            (B) shall not be disposed of by the County.

    (2)(A) Any operator of a helicopter tour originating from or 
concluding at the parcel of land described in subsection (c) shall pay 
to the Clark County Department of Aviation a $3 conservation fee for 
each passenger on the helicopter tour if any portion of the helicopter 
tour occurs over the Conservation Area.
    (B)(i) <<NOTE: Deadlines. Fees.>> Not earlier than 10 years after 
the date of enactment of this Act and every 10 years thereafter, the 
Secretary shall conduct a review to determine whether to raise the 
amount of the conservation fee.

    (ii) <<NOTE: Public comment.>> After conducting a review under 
clause (i) and providing an opportunity for public comment, the 
Secretary may raise the amount of the conservation fee in an amount 
determined to be appropriate by the Secretary, but by not more than 50 
percent of the amount of the conservation fee in effect on the day 
before the date of the increase.

    (3)(A) The amounts collected under paragraph (2) shall be deposited 
in a special account in the Treasury of the United States.
    (B) Of the amounts deposited under subparagraph (A)--
            (i) \2/3\ of the amounts shall be available to the 
        Secretary, without further appropriation, for the management of 
        cultural, wildlife, and wilderness resources on public land in 
        the State of Nevada; and

[[Page 119 STAT. 2430]]

            (ii) \1/3\ of the amounts shall be available to the Director 
        of the Bureau of Land Management, without further appropriation, 
        for the conduct of Bureau of Land Management operations for the 
        Conservation Area and the Red Rock Canyon National Conservation 
        Area.

    (4)(A) Except for safety reasons, any helicopter tour originating or 
concluding at the parcel of land described in subsection (c) that flies 
over the Conservation Area shall not fly--
            (i) over any area in the Conservation Area except the area 
        that is between 3 and 5 miles north of the latitude of the 
        southernmost boundary of the Conservation Area;
            (ii) lower than 1,000 feet over the eastern segments of the 
        boundary of the Conservation Area; or
            (iii) lower than 500 feet over the western segments of the 
        boundary of the Conservation Area.

    (B) <<NOTE: Regulations.>> The Administrator of the Federal Aviation 
Administration shall establish a special flight rules area and any 
operating procedures that the Administrator determines to be necessary 
to implement subparagraph (A).

    (5) If the County ceases to use any of the land described in 
subsection (c) for the purpose described in paragraph (1)(A) and under 
the conditions stated in paragraph (2)--
                    (A) title to the parcel shall revert to the United 
                States, at the option of the United States; and
                    (B) the County shall be responsible for any 
                reclamation necessary to revert the parcel to the United 
                States.

    (e) The Secretary shall require, as a condition of the conveyance 
under subsection (b), that the County pay the administrative costs of 
the conveyance, including survey costs and any other costs associated 
with the transfer of title.
    Sec. 181. The first sentence of section 29(c) of the International 
Air Transportation Competition Act of 1979 (Public Law 96-192; 94 Stat. 
48) is amended by inserting ``Missouri,'' before ``and Texas''.
    Sec. 182. Notwithstanding any other provision of law, none of the 
funds provided in or limited by this Act may be obligated or expended to 
provide a budget justification for fiscal year 2007 concurrently with 
the President's annual budget submission to Congress under section 
1105(a) of title 31, United States Code, to any congressional committee 
other than the House and Senate Committees on Appropriations prior to 
May 31, 2006.
    Sec. 183. Notwithstanding any other provision of law, if any funds 
provided in or limited by this Act are subject to a reprogramming action 
that requires notice to be provided to the House and Senate Committees 
on Appropriations, said reprogramming action shall be approved or denied 
solely by the Committees on Appropriations: Provided, That the Secretary 
may provide notice to other congressional committees of the action of 
the Committees on Appropriations on such reprogramming but not sooner 
than 30 days following the date on which the reprogramming action has 
been approved or denied by the House and Senate Committees on 
Appropriations.
    Sec. 184. Notwithstanding any other provision of law, the projects 
numbered 5094 and 5096 in the table contained in section 1702 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (Public Law 109-59; 119 Stat. 1144) shall be subject to 
section 120(c) of title 23, United States Code.

[[Page 119 STAT. 2431]]

    Sec. 185. For necessary expenses, including an independent 
verification regime, to reimburse fixed-based general aviation operators 
and the providers of general aviation ground support services at Ronald 
Reagan Washington National Airport; College Park Airport in College 
Park, Maryland; Potomac Airpark in Fort Washington, Maryland; Washington 
Executive/Hyde Field in Clinton, Maryland; and Washington South Capitol 
Street Heliport in Washington, DC; for direct and incremental financial 
losses incurred while such airports were closed to general aviation 
operations, or as of the date of enactment of this provision in the case 
of airports that have not reopened to such operations, by these 
operators and service providers solely due to the actions of the Federal 
Government following the terrorist attacks on the United States that 
occurred on September 11, 2001, not to exceed $17,000,000, to be 
available until expended: Provided, That of this amount not to exceed 
$5,000,000 shall be available on a pro-rata basis, if necessary, to 
fixed-based general aviation operators and the providers of general 
aviation ground support services located at College Park Airport in 
College Park, Maryland; Potomac Airpark in Fort Washington, Maryland; 
and Washington Executive/Hyde Field in Clinton, Maryland: Provided 
further, That no funds shall be obligated or distributed to fixed-based 
general aviation operators and providers of general aviation ground 
support services until an independent audit is completed: Provided 
further, That losses incurred as a result of violations of law, or 
through fault or negligence, of such operators and service providers or 
of third parties (including airports) are not eligible for 
reimbursements: Provided further, That obligation and expenditure of 
funds are conditional upon full release of the United States Government 
for all claims for financial losses resulting from such actions.
    Sec. 186. Notwithstanding any other provision of law, any amounts 
made available pursuant to Public Law 109-59 for the Gravina Island 
bridge and the Knik Arm bridge shall be made available to the Alaska 
Department of Transportation and Public Facilities for any purpose 
eligible under section 133(b) of title 23, United States Code: Provided, 
That in allocating funds for the equity bonus program under section 105 
of such title, the Secretary shall make the calculations required under 
that section as if this section had not been enacted: Provided further, 
That the descriptions for High Priority Projects #406, the Gravina 
Island bridge, and #2465, the Knik Arm bridge, in section 1702 of Public 
Law 109-59 <<NOTE: Ante, p. 1256.>> are hereby deleted and in their 
place is inserted ``the Alaska Department of Transportation and Public 
Facilities''.

    Sec. 187. (a) In addition to amounts available to carry out section 
10204 of the Safe, Accountable, Flexible, Efficient Transportation 
Equity Act: A Legacy for Users (Public Law 109-59) as of the date of 
enactment of this Act, of the amounts made available by section 112 of 
this Act, $1,000,000 shall be used by the Secretary of Transportation 
and the Secretary of Homeland Security to jointly--
            (1) complete the review and assessment of catastrophic 
        hurricane evacuation plans under that section; and
            (2) <<NOTE: Deadline. Reports.>> submit to Congress, not 
        later than June 1, 2006, the report described in subsection (d) 
        of that section.

    (b) Section 10204 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (Public Law 109-
59) <<NOTE: Ante, p. 1934.>> is amended--

[[Page 119 STAT. 2432]]

            (1) in subsection (a)--
                    (A) by inserting after ``evacuation plans'' the 
                following: ``(including the costs of the plans)''; and
                    (B) by inserting ``and other catastrophic events'' 
                before ``impacting'';
            (2) in subsection (b), by striking ``and local'' and 
        inserting ``parish, county, and municipal''; and
            (3) in subsection (c)--
                    (A) in paragraph (1), by inserting ``safe and'' 
                before ``practical'';
                    (B) in paragraph (2), by inserting after ``States'' 
                the following: ``and adjoining jurisdictions'';
                    (C) in paragraph (3), by striking ``and'' after the 
                semicolon at the end;
                    (D) in paragraph (4), by striking the period at the 
                end and inserting a semicolon; and
                    (E) by adding at the end the following:
            ``(5) the availability of food, water, restrooms, fueling 
        stations, and shelter opportunities along the evacuation routes;
            ``(6) the time required to evacuate under the plan; and
            ``(7) the physical and mental strains associated with the 
        evacuation.''.

    This title may be cited as the ``Department of Transportation 
Appropriations Act, 2006''.

TITLE <<NOTE: Department of the Treasury Appropriations Act, 2006.>> II

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                          salaries and expenses


                      (including transfer of funds)


    For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Annex; hire of 
passenger motor vehicles; maintenance, repairs, and improvements of, and 
purchase of commercial insurance policies for, real properties leased or 
owned overseas, when necessary for the performance of official business, 
not to exceed $3,000,000 for official travel expenses; $196,592,000, of 
which not to exceed $8,642,000 is for executive direction program 
activities; not to exceed $7,852,000 is for general counsel program 
activities; not to exceed $32,011,000 is for economic policies and 
programs activities; not to exceed $26,574,000 is for financial policies 
and programs activities; pursuant to section 3004(b) of the Exchange 
Rates and International Economic Policy Coordination Act of 1988 (22 
U.S.C. 5304(b)), not to exceed $1,000,000, to remain available until 
expended, is for the Secretary of the Treasury, in conjunction with the 
President, to implement said subsection as it pertains to governments 
and trade violations involving currency manipulation and other trade 
violations; not to exceed $39,939,000 is for financial crimes policies 
and programs activities; not to exceed $16,843,000 is for Treasury-wide 
management policies and programs activities; and not to exceed 
$63,731,000 is for administration programs activities: Provided, That of 
the amount appropriated for financial crimes policies and programs 
activities, $22,032,016 is for the Office of

[[Page 119 STAT. 2433]]

Foreign Assets Control and shall support no less than 125 full time 
equivalent positions: <<NOTE: Notification.>> Provided further, That the 
Secretary of the Treasury is authorized to transfer funds appropriated 
for any program activity of the Departmental Offices to any other 
program activity of the Departmental Offices upon notification to the 
House and Senate Committees on Appropriations: Provided further, That no 
appropriation for any program activity shall be increased or decreased 
by more than two percent by all such transfers: Provided further, That 
any change in funding greater than two percent shall be submitted for 
approval to the House and Senate Committees on Appropriations: Provided 
further, That of the amount appropriated under this heading, not to 
exceed $3,000,000, to remain available until September 30, 2007, for 
information technology modernization requirements; not to exceed 
$100,000 for official reception and representation expenses; and not to 
exceed $258,000 for unforeseen emergencies of a confidential nature, to 
be allocated and expended under the direction of the Secretary of the 
Treasury and to be accounted for solely on his certificate: Provided 
further, That of the amount appropriated under this heading, $5,173,000, 
to remain available until September 30, 2007, is for the Treasury-wide 
Financial Statement Audit Program, of which such amounts as may be 
necessary may be transferred to accounts of the Department's offices and 
bureaus to conduct audits: Provided further, That this transfer 
authority shall be in addition to any other provided in this Act.


        department-wide systems and capital investments programs


                      (including transfer of funds)


    For development and acquisition of automatic data processing 
equipment, software, and services for the Department of the Treasury, 
$24,412,000, to remain available until September 30, 2008: Provided, 
That these funds shall be transferred to accounts and in amounts as 
necessary to satisfy the requirements of the Department's offices, 
bureaus, and other organizations: Provided further, That this transfer 
authority shall be in addition to any other transfer authority provided 
in this Act: Provided further, That none of the funds appropriated shall 
be used to support or supplement ``Internal Revenue Service, Information 
Systems'' or ``Internal Revenue Service, Business Systems 
Modernization''.


                       office of inspector general


                          salaries and expenses


    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, not to exceed $2,000,000 for official travel expenses, 
including hire of passenger motor vehicles; and not to exceed $100,000 
for unforeseen emergencies of a confidential nature, to be allocated and 
expended under the direction of the Inspector General of the Treasury, 
$17,000,000, of which not to exceed $2,500 shall be available for 
official reception and representation expenses.

[[Page 119 STAT. 2434]]

            treasury inspector general for tax administration


                          salaries and expenses


    For necessary expenses of the Treasury Inspector General for Tax 
Administration in carrying out the Inspector General Act of 1978, as 
amended, including purchase (not to exceed 150 for replacement only for 
police-type use) and hire of passenger motor vehicles (31 U.S.C. 
1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Inspector General for Tax Administration; not to 
exceed $6,000,000 for official travel expenses; and not to exceed 
$500,000 for unforeseen emergencies of a confidential nature, to be 
allocated and expended under the direction of the Inspector General for 
Tax Administration, $133,286,000; and of which not to exceed $1,500 
shall be available for official reception and representation expenses.


            air transportation stabilization program account


    For necessary expenses to administer the Air Transportation 
Stabilization Board established by section 102 of the Air Transportation 
Safety and System Stabilization Act (Public Law 107-42), $2,750,000, to 
remain available until expended.


           treasury building and annex repair and restoration


    For the repair, alteration, and improvement of the Treasury Building 
and Annex, $10,000,000, to remain available until September 30, 2008.

                  Financial Crimes Enforcement Network


                          salaries and expenses


    For necessary expenses of the Financial Crimes Enforcement Network, 
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with 
financial intelligence activities, law enforcement, and financial 
regulation; not to exceed $14,000 for official reception and 
representation expenses; and for assistance to Federal law enforcement 
agencies, with or without reimbursement, $73,630,000 of which not to 
exceed $6,944,000 shall remain available until September 30, 2008; and 
of which $8,521,000 shall remain available until September 30, 2007: 
Provided, That funds appropriated in this account may be used to procure 
personal services contracts.

                      Financial Management Service


                          salaries and expenses


    For necessary expenses of the Financial Management Service, 
$236,243,000, of which not to exceed $9,220,000 shall remain available 
until September 30, 2008, for information systems modernization 
initiatives; and of which not to exceed $2,500 shall be available for 
official reception and representation expenses.

[[Page 119 STAT. 2435]]

                Alcohol and Tobacco Tax and Trade Bureau


                          salaries and expenses


    For necessary expenses of carrying out section 1111 of the Homeland 
Security Act of 2002, including hire of passenger motor vehicles, 
$91,126,000; of which not to exceed $6,000 for official reception and 
representation expenses; not to exceed $50,000 for cooperative research 
and development programs for laboratory services; and provision of 
laboratory assistance to State and local agencies with or without 
reimbursement.

                           United States Mint


                united states mint public enterprise fund


    Pursuant to section 5136 of title 31, United States Code, the United 
States Mint is provided funding through the United States Mint Public 
Enterprise Fund for costs associated with the production of circulating 
coins, numismatic coins, and protective services, including both 
operating expenses and capital investments. The aggregate amount of new 
liabilities and obligations incurred during fiscal year 2006 under such 
section 5136 for circulating coinage and protective service capital 
investments of the United States Mint shall not exceed $26,768,000.

                        Bureau of the Public Debt


                      administering the public debt


    For necessary expenses connected with any public-debt issues of the 
United States, $179,923,000, of which not to exceed $2,500 shall be 
available for official reception and representation expenses, and of 
which not to exceed $2,000,000 shall remain available until expended for 
systems modernization: Provided, That the sum appropriated herein from 
the general fund for fiscal year 2006 shall be reduced by not more than 
$3,000,000 as definitive security issue fees and Treasury Direct 
Investor Account Maintenance fees are collected, so as to result in a 
final fiscal year 2006 appropriation from the general fund estimated at 
$176,923,000. In addition, $70,000 to be derived from the Oil Spill 
Liability Trust Fund to reimburse the Bureau for administrative and 
personnel expenses for financial management of the Fund, as authorized 
by section 1012 of Public Law 101-380.

            Community Development Financial Institutions Fund


    community development financial institutions fund program account


    To carry out the Community Development Banking and Financial 
Institutions Act of 1994 (Public Law 103-325), including services 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for ES-3, $55,000,000, to 
remain available until September 30, 2007, of which $4,000,000 shall be 
for financial assistance, technical assistance, training and outreach 
programs designed to benefit Native American, Native Hawaiian, and 
Alaskan Native communities and provided primarily through qualified 
community development lender

[[Page 119 STAT. 2436]]

organizations with experience and expertise in community development 
banking and lending in Indian country, Native American organizations, 
tribes and tribal organizations and other suitable providers, and up to 
$13,500,000 may be used for administrative expenses, including 
administration of the New Markets Tax Credit, up to $6,000,000 may be 
used for the cost of direct loans, and up to $250,000 may be used for 
administrative expenses to carry out the direct loan program: Provided, 
That the cost of direct loans, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974, as amended: Provided further, That these funds are 
available to subsidize gross obligations for the principal amount of 
direct loans not to exceed $11,000,000.

                        Internal Revenue Service


                 processing, assistance, and management


                     (including rescission of funds)


    For necessary expenses of the Internal Revenue Service for pre-
filing taxpayer assistance and education, filing and account services, 
shared services support, general management and administration; and 
services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner, $4,136,578,000, of which up to 
$4,100,000 shall be for the Tax Counseling for the Elderly Program, of 
which $8,000,000 shall be available for low-income taxpayer clinic 
grants, of which $1,500,000 shall be for the Internal Revenue Service 
Oversight Board; and of which not to exceed $25,000 shall be for 
official reception and representation expenses: Provided, That of 
unobligated amounts available under this heading from previous 
appropriations Acts, $20,000,000 shall be rescinded.


                           tax law enforcement


                      (including transfer of funds)


    For necessary expenses of the Internal Revenue Service for 
determining and establishing tax liabilities; providing litigation 
support; conducting criminal investigation and enforcement activities; 
securing unfiled tax returns; collecting unpaid accounts; conducting a 
document matching program; resolving taxpayer problems through prompt 
identification, referral and settlement; expanded customer service and 
public outreach programs, strengthened enforcement activities, and 
enhanced research efforts to reduce erroneous filings associated with 
the earned income tax credit; compiling statistics of income and 
conducting compliance research; purchase (for police-type use, not to 
exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); 
and services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner, $4,725,756,000, of which not to exceed 
$1,000,000 shall remain available until September 30, 2008, for 
research; and of which $55,584,000 shall be for the Interagency Crime 
and Drug Enforcement program: Provided, That up to $10,000,000 may be 
transferred as necessary from this account to the IRS Processing, 
Assistance, and Management appropriation

[[Page 119 STAT. 2437]]

or the IRS Information Systems appropriation solely for the purposes of 
management of the Interagency Crime and Drug Enforcement Program: 
Provided further, That up to $10,000,000 may be transferred as necessary 
from this account to the IRS Processing, Assistance, and Management 
appropriation or the IRS Information Systems appropriation solely for 
the purposes of management of the Earned Income Tax Credit compliance 
program and to reimburse the Social Security Administration for the cost 
of implementing section 1090 of the Taxpayer Relief Act of 1997 (Public 
Law 105-33): Provided further, That this transfer authority shall be in 
addition to any other transfer authority provided in this Act.


                           information systems


    For necessary expenses of the Internal Revenue Service for 
information systems and telecommunications support, including 
developmental information systems and operational information systems; 
the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services 
as authorized by 5 U.S.C. 3109, at such rates as may be determined by 
the Commissioner, $1,598,967,000, of which $75,000,000 shall remain 
available until September 30, 2007.


                     business systems modernization


    For necessary expenses of the Internal Revenue Service, 
$199,000,000, to remain available until September 30, 2008, for the 
capital asset acquisition of information technology systems, including 
management and related contractual costs of said acquisitions, including 
contractual costs associated with operations authorized by 5 U.S.C. 
3109: Provided, That none of these funds may be obligated until the 
Internal Revenue Service submits to the Committees on Appropriations, 
and such Committees approve, a plan for expenditure that: (1) meets the 
capital planning and investment control review requirements established 
by the Office of Management and Budget, including Circular A-11; (2) 
complies with the Internal Revenue Service's enterprise architecture, 
including the modernization blueprint; (3) conforms with the Internal 
Revenue Service's enterprise life cycle methodology; (4) is approved by 
the Internal Revenue Service, the Department of the Treasury, and the 
Office of Management and Budget; (5) has been reviewed by the Government 
Accountability Office; and (6) complies with the acquisition rules, 
requirements, guidelines, and systems acquisition management practices 
of the Federal Government.


               health insurance tax credit administration


                     (including rescission of funds)


    For expenses necessary to implement the health insurance tax credit 
included in the Trade Act of 2002 (Public Law 107-210), $20,210,000: 
Provided, That of unobligated amounts available under this heading from 
previous appropriations acts, $9,000,000 shall be rescinded.

[[Page 119 STAT. 2438]]

           administrative provisions--internal revenue service


                      (including transfer of funds)


    Sec. 201. Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service or not to exceed 3 
percent of appropriations under the heading ``Tax Law Enforcement'' may 
be transferred to any other Internal Revenue Service appropriation upon 
the advance approval of the Committees on Appropriations.
    Sec. 202. <<NOTE: 26 USC 7804 note.>> The Internal Revenue Service 
shall maintain a training program to ensure that Internal Revenue 
Service employees are trained in taxpayers' rights, in dealing 
courteously with taxpayers, and in cross-cultural relations.

    Sec. 203. <<NOTE: Procedures. 26 USC 6103 note.>> The Internal 
Revenue Service shall institute and enforce policies and procedures that 
will safeguard the confidentiality of taxpayer information.

    Sec. 204. Funds made available by this or any other Act to the 
Internal Revenue Service shall be available for improved facilities and 
increased manpower to provide sufficient and effective 1-800 help line 
service for taxpayers. The Commissioner shall continue to make the 
improvement of the Internal Revenue Service 1-800 help line service a 
priority and allocate resources necessary to increase phone lines and 
staff to improve the Internal Revenue Service 1-800 help line service.
    Sec. 205. None of the funds appropriated or otherwise made available 
in this or any other Act or source to the Internal Revenue Service may 
be used to reduce taxpayer services as proposed in fiscal year 2006 
until the Treasury Inspector General for Tax Administration completes a 
study detailing the impact of such proposed reductions on taxpayer 
compliance and taxpayer services, and the Internal Revenue Service's 
plans for providing adequate alternative services, and submits such 
study and plans to the Committees on Appropriations of the House of 
Representatives and the Senate for approval: Provided, That no funds 
shall be obligated by the Internal Revenue Service for such purposes for 
60 days after receipt of such study: Provided further, That the Internal 
Revenue Service shall consult with stakeholder organizations, including 
but not limited to, the National Taxpayer Advocate, the Internal Revenue 
Service Oversight Board, the Treasury Inspector General for Tax 
Administration, and Internal Revenue Service employees with respect to 
any proposed or planned efforts by the Internal Revenue Service to 
terminate or reduce significantly any taxpayer service activity.
    Sec. 206. Of the funds made available by this Act to the Internal 
Revenue Service, not less than $6,447,000,000 shall be available only 
for tax enforcement. In addition, of the funds made available by this 
Act to the Internal Revenue Service, and subject to the same terms and 
conditions, $446,000,000 shall be available for enhanced tax 
enforcement.
    Sec. 207. Of the funds made available by this Act to the Internal 
Revenue Service, not less than $166,249,000 shall be available for 
operating expenses of the Taxpayer Advocate Service, of which not less 
than $141,311,650 shall be made available from the ``Tax Law 
Enforcement'' account.
    Sec. 208. The Internal Revenue Service shall submit its fiscal year 
2007 congressional budget justifications to the Committees on 
Appropriations of the House of Representatives and the Senate

[[Page 119 STAT. 2439]]

using the identical structure provided under this Act and only in 
accordance with the direction specified in the report accompanying this 
Act.
    Sec. 209. Section 3 under the heading ``Administrative Provisions--
Internal Revenue Service'' of title I of Public Law 103-329 <<NOTE: 26 
USC 7801 note.>> is amended by striking the last proviso.

          Administrative Provisions--Department of the Treasury


                      (including transfer of funds)


    Sec. 210. Appropriations to the Department of the Treasury in this 
Act shall be available for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning; purchase of insurance for official motor vehicles operated in 
foreign countries; purchase of motor vehicles without regard to the 
general purchase price limitations for vehicles purchased and used 
overseas for the current fiscal year; entering into contracts with the 
Department of State for the furnishing of health and medical services to 
employees and their dependents serving in foreign countries; and 
services authorized by 5 U.S.C. 3109.
    Sec. 211. Not to exceed 2 percent of any appropriations in this Act 
made available to the Departmental Offices--Salaries and Expenses, 
Office of Inspector General, Financial Management Service, Alcohol and 
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and 
Bureau of the Public Debt, may be transferred between such 
appropriations upon the advance approval of the Committees on 
Appropriations: Provided, That no transfer may increase or decrease any 
such appropriation by more than 2 percent.
    Sec. 212. Not to exceed 2 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be transferred 
to the Treasury Inspector General for Tax Administration's appropriation 
upon the advance approval of the Committees on Appropriations: Provided, 
That no transfer may increase or decrease any such appropriation by more 
than 2 percent.
    Sec. 213. <<NOTE: Certification.>> Of the funds available for the 
purchase of law enforcement vehicles, no funds may be obligated until 
the Secretary of the Treasury certifies that the purchase by the 
respective Treasury bureau is consistent with Departmental vehicle 
management principles: Provided, That the Secretary may delegate this 
authority to the Assistant Secretary for Management.

    Sec. 214. <<NOTE: Currency.>> None of the funds appropriated in this 
Act or otherwise available to the Department of the Treasury or the 
Bureau of Engraving and Printing may be used to redesign the $1 Federal 
Reserve note.

    Sec. 215. The Secretary of the Treasury may transfer funds from 
Financial Management Services, Salaries and Expenses to Debt Collection 
Fund as necessary to cover the costs of debt collection: Provided, That 
such amounts shall be reimbursed to such salaries and expenses account 
from debt collections received in the Debt Collection Fund.
    Sec. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104 
note), is further amended by striking ``7 years'' and inserting ``8 
years''.
    Sec. 217. None of the funds appropriated or otherwise made available 
by this or any other Act may be used by the United

[[Page 119 STAT. 2440]]

States Mint to construct or operate any museum without the explicit 
approval of the House Committee on Financial Services and the Senate 
Committee on Banking, Housing, and Urban Affairs.
    Sec. 218. None of the funds appropriated or otherwise made available 
by this or any other Act or source to the Department of the Treasury, 
the Bureau of Engraving and Printing, and the United States Mint, 
individually or collectively, may be used to consolidate any or all 
functions of the Bureau of Engraving and Printing and the United States 
Mint without the explicit approval of the House Committee on Financial 
Services; the Senate Committee on Banking, Housing, and Urban Affairs; 
the House Committee on Appropriations; and the Senate Committee on 
Appropriations.
    Sec. 219. None of the funds appropriated or otherwise made available 
by this or any other Act or source to the Secretary of the Treasury may 
be expended to develop, study, or implement any plan to reallocate the 
resources of, or merge the Financial Crimes Enforcement Network into the 
Departmental Offices--Salaries and Expenses, or any other office within 
the Department of the Treasury.
    This title may be cited as the ``Department of the Treasury 
Appropriations Act, 2006''.

TITLE <<NOTE: Department of Housing and Urban Development Appropriations 
Act, 2006.>> III

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                        Public and Indian Housing


                     tenant-based rental assistance


                      (including transfer of funds)


    For activities and assistance for the provision of tenant-based 
rental assistance authorized under the United States Housing Act of 
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not 
otherwise provided for, $15,573,655,725, to remain available until 
expended, of which $11,373,656,000 shall be available on October 1, 
2005, and $4,200,000,000 shall be available on October 1, 2006: 
Provided, That the amounts made available under this heading are 
provided as follows:
            (1) $14,089,755,725 for renewals of expiring section 8 
        tenant-based annual contributions contracts (including renewals 
        of enhanced vouchers under any provision of law authorizing such 
        assistance under section 8(t) of the Act): Provided, That 
        notwithstanding any other provision of law, from amounts 
        provided under this paragraph, the Secretary for the calendar 
        year 2006 funding cycle shall provide renewal funding for each 
        public housing agency based on each public housing agency's 2005 
        annual budget for renewal funding as calculated by HUD, prior to 
        prorations, and by applying the 2006 Annual Adjustment Factor as 
        established by the Secretary, and by making any necessary 
        adjustments for the costs associated with the first-time renewal 
        of tenant protection or HOPE VI vouchers or vouchers that were 
        not in use during the 12-month period in order to be available 
        to meet a commitment pursuant to section 8(o)(13) of the Act: 
        Provided further, That the Secretary

[[Page 119 STAT. 2441]]

        shall, to the extent necessary to stay within the amount 
        provided under this paragraph, pro rate each public housing 
        agency's allocation otherwise established pursuant to this 
        paragraph: Provided further, That except as provided in the 
        following proviso, the entire amount provided under this 
        paragraph shall be obligated to the public housing agencies 
        based on the allocation and pro rata method described above: 
        Provided further, That public housing agencies participating in 
        the Moving to Work demonstration shall be funded pursuant to 
        their Moving to Work agreements and shall be subject to the same 
        pro rata adjustments under the previous proviso: Provided 
        further, That up to $45,000,000 shall be available only: (1) to 
        adjust the allocations for public housing agencies, after 
        application for an adjustment by a public housing agency and 
        verification by HUD, whose allocations under this heading for 
        contract renewals for the calendar year 2005 funding cycle were 
        based on verified VMS leasing and cost data averaged for the 
        months of May, June, and July of 2004 and solely because of 
        temporarily low leasing levels during such 3-month period did 
        not accurately reflect leasing levels and costs for the 2004 
        fiscal year of the agencies; and (2) for adjustments for public 
        housing agencies that experienced a significant increase, as 
        determined by the Secretary, in renewal costs resulting from 
        unforeseen circumstances or from the portability under section 
        8(r) of the United States Housing Act of 1937 of tenant-based 
        rental assistance: Provided further, That none of the funds 
        provided in this paragraph may be used to support a total number 
        of unit months under lease which exceeds a public housing 
        agency's authorized level of units under contract;
            (2) $180,000,000 for section 8 rental assistance for 
        relocation and replacement of housing units that are demolished 
        or disposed of pursuant to the Omnibus Consolidated Rescissions 
        and Appropriations Act of 1996 (Public Law 104-134), conversion 
        of section 23 projects to assistance under section 8, the family 
        unification program under section 8(x) of the Act, relocation of 
        witnesses in connection with efforts to combat crime in public 
        and assisted housing pursuant to a request from a law 
        enforcement or prosecution agency, enhanced vouchers under any 
        provision of law authorizing such assistance under section 8(t) 
        of the Act, HOPE VI vouchers, mandatory and voluntary 
        conversions, and tenant protection assistance including 
        replacement and relocation assistance: Provided, That no more 
        than $12,000,000 can be used for section 8 assistance to cover 
        the cost of judgments and settlement agreements;
            (3) $48,000,000 for family self-sufficiency coordinators 
        under section 23 of the Act;
            (4) $5,900,000 shall be transferred to the Working Capital 
        Fund; and
            (5) $1,250,000,000 for administrative and other expenses of 
        public housing agencies in administering the section 8 tenant-
        based rental assistance program, of which up to $10,000,000 
        shall be available to the Secretary to allocate to public 
        housing agencies that need additional funds to administer their 
        section 8 programs: Provided, That $1,240,000,000 of the amount 
        provided in this paragraph shall be allocated for the calendar 
        year 2006 funding cycle on a pro rata basis to public housing

[[Page 119 STAT. 2442]]

        agencies based on the amount public housing agencies were 
        eligible to receive in calendar year 2005: Provided further, 
        That all amounts provided under this paragraph shall be only for 
        activities related to the provision of tenant-based rental 
        assistance authorized under section 8, including related 
        development activities.


                        housing certificate fund


                              (rescission)


    Of the unobligated balances, including recaptures and carryover, 
remaining from funds appropriated to the Department of Housing and Urban 
Development under this heading, the heading ``Annual contributions for 
assisted housing'', the heading ``Tenant-based rental assistance'', and 
the heading ``Project-based rental assistance'', for fiscal year 2005 
and prior years, $2,050,000,000 is rescinded, to be effected by the 
Secretary no later than September 30, 2006: Provided, That, if 
insufficient funds exist under these headings, the remaining balance may 
be derived from any other heading under this 
title: <<NOTE: Notification. Deadline.>> Provided further, That the 
Secretary shall notify the Committees on Appropriations 30 days in 
advance of the rescission of any funds derived from the headings 
specified above: Provided further, That any such balances governed by 
reallocation provisions under the statute authorizing the program for 
which the funds were originally appropriated shall be available for the 
rescission: Provided further, That any obligated balances of contract 
authority from fiscal year 1974 and prior that have been terminated 
shall be cancelled: Provided further, That no amounts recaptured from 
amounts appropriated in prior years under this heading or the heading 
``Annual contributions for assisted housing'' and no carryover of such 
appropriated amounts for project-based assistance shall be available for 
the calendar year 2006 funding cycle for activities provided for under 
the heading ``Tenant-based rental assistance''.


                     project-based rental assistance


                      (including transfer of funds)


    For activities and assistance for the provision of project-based 
subsidy contracts under the United States Housing Act of 1937, as 
amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not otherwise 
provided for, $5,088,300,000, to remain available until expended: 
Provided, That the amounts made available under this heading are 
provided as follows:
            (1) $4,939,700,000 for expiring or terminating section 8 
        project-based subsidy contracts (including section 8 moderate 
        rehabilitation contracts), for amendments to section 8 project-
        based subsidy contracts (including section 8 moderate 
        rehabilitation contracts), for contracts entered into pursuant 
        to section 441 of the McKinney-Vento Homeless Assistance Act, 
        for renewal of section 8 contracts for units in projects that 
        are subject to approved plans of action under the Emergency Low 
        Income Housing Preservation Act of 1987 or the Low-Income 
        Housing Preservation and Resident Homeownership Act of 1990, and 
        for administrative and other expenses associated with project-
        based activities and assistance funded under this paragraph.

[[Page 119 STAT. 2443]]

            (2) $147,200,000 for performance-based contract 
        administrators for section 8 project-based assistance: Provided, 
        That the Secretary may also use such amounts for performance-
        based contract administrators for: interest reduction payments 
        pursuant to section 236(a) of the National Housing Act (12 
        U.S.C. 1715z-1(a)); rent supplement payments pursuant to section 
        101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 
        1701s); section 236(f)(2) rental assistance payments (12 U.S.C. 
        1715z-1(f)(2)); project rental assistance contracts for the 
        elderly under section 202(c)(2) of the Housing Act of 1959, as 
        amended (12 U.S.C. 1701q, 1701q-1); project rental assistance 
        contracts for supportive housing for persons with disabilities 
        under section 811(d)(2) of the Cranston-Gonzalez National 
        Affordable Housing Act; project assistance contracts pursuant to 
        section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 
        Stat. 667); and loans under section 202 of the Housing Act of 
        1959 (Public Law 86-372; 73 Stat. 667).
            (3) $1,400,000 shall be transferred to the Working Capital 
        Fund: Provided further, That amounts recaptured under this 
        heading, the heading ``Annual Contributions for Assisted 
        Housing'', or the heading ``Housing Certificate Fund'', for 
        project-based section 8 activities may be used for renewals of 
        or amendments to section 8 project-based subsidy contracts or 
        for performance-based contract administrators, notwithstanding 
        the purposes for which such amounts were appropriated.
            (4) amounts recaptured under this heading, the heading 
        ``Annual Contributions for Assisted Housing'', or the heading 
        ``Housing Certificate Fund'' may be used for renewals of or 
        amendments to section 8 project-based contracts, notwithstanding 
        the purposes for which such amounts were appropriated.


                       public housing capital fund


                      (including transfer of funds)


    For the Public Housing Capital Fund Program to carry out capital and 
management activities for public housing agencies, as authorized under 
section 9 of the United States Housing Act of 1937, as amended (42 
U.S.C. 1437g) (the ``Act'') $2,463,600,000, to remain available until 
September 30, 2009: Provided, That notwithstanding any other provision 
of law or regulation, during fiscal year 2006, the Secretary may not 
delegate to any Department official other than the Deputy Secretary and 
the Assistant Secretary for Public and Indian Housing any authority 
under paragraph (2) of section 9(j) regarding the extension of the time 
periods under such section: Provided further, That for purposes of such 
section 9(j), the term ``obligate'' means, with respect to amounts, that 
the amounts are subject to a binding agreement that will result in 
outlays, immediately or in the future: Provided further, That of the 
total amount provided under this heading, up to $11,000,000 shall be for 
carrying out activities under section 9(h) of such Act: Provided 
further, That $11,000,000 shall be transferred to the Working Capital 
Fund: Provided further, That no funds may be used under this heading for 
the purposes specified in section 9(k) of the United States Housing Act 
of 1937, as amended: Provided further, That of the total amount provided 
under this heading,

[[Page 119 STAT. 2444]]

up to $17,000,000 shall be available for the Secretary of Housing and 
Urban Development to make grants, notwithstanding section 305 of this 
Act, to public housing agencies for emergency capital needs resulting 
from unforeseen or unpreventable emergencies and natural disasters 
occurring in fiscal year 2006: Provided further, That of the total 
amount provided under this heading, $38,000,000 shall be for supportive 
services, service coordinators and congregate services as authorized by 
section 34 of the Act and the Native American Housing Assistance and 
Self-Determination Act of 1996: Provided further, That of the total 
amount provided under this heading up to $8,820,000 is to support the 
costs of administrative and judicial receiverships: Provided further, 
That of the total amount provided under this heading, $7,500,000 shall 
be for Neighborhood Networks grants for activities authorized in section 
9(d)(1)(E) of the United States Housing Act of 1937, as amended: 
Provided further, That notwithstanding any other provision of law, 
amounts made available in the previous proviso shall be awarded to 
public housing agencies on a competitive basis: Provided further, That 
notwithstanding section 9(d)(1)(E) of the United States Housing Act of 
1937, any Neighborhood Networks computer center established with funding 
made available under this heading in this or any other Act, shall be 
available for use by residents of public housing and residents of other 
housing assisted with funding made available under this title in this 
Act or any other Act.


                      public housing operating fund


    For 2006 payments to public housing agencies for the operation and 
management of public housing, as authorized by section 9(e) of the 
United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)), 
$3,600,000,000: Provided, <<NOTE: 42 USC 1437g note.>> That, in fiscal 
year 2006 and all fiscal years hereafter, no amounts under this heading 
in any appropriations Act may be used for payments to public housing 
agencies for the costs of operation and management of public housing for 
any year prior to the current year of such Act: Provided further, That 
no funds may be used under this heading for the purposes specified in 
section 9(k) of the United States Housing Act of 1937, as amended.


     revitalization of severely distressed public housing (hope vi)


    For grants to public housing agencies for demolition, site 
revitalization, replacement housing, and tenant-based assistance grants 
to projects as authorized by section 24 of the United States Housing Act 
of 1937, as amended, $100,000,000, to remain available until September 
30, 2007, of which the Secretary may use up to $2,000,000 for technical 
assistance and contract expertise, to be provided directly or indirectly 
by grants, contracts or cooperative agreements, including training and 
cost of necessary travel for participants in such training, by or to 
officials and employees of the department and of public housing agencies 
and to residents: Provided, That none of such funds shall be used 
directly or indirectly by granting competitive advantage in awards to 
settle litigation or pay judgments, unless expressly permitted herein.

[[Page 119 STAT. 2445]]

                  native american housing block grants


                      (including transfer of funds)


    For the Native American Housing Block Grants program, as authorized 
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), 
$630,000,000, to remain available until expended: Provided, That, 
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation 
under title I of such Act for each Indian tribe, the Secretary shall 
apply the formula under section 302 of such Act with the need component 
based on single-race Census data and with the need component based on 
multi-race Census data, and the amount of the allocation for each Indian 
tribe shall be the greater of the two resulting allocation amounts: 
Provided further, That of the amounts made available under this heading, 
$1,000,000 shall be contracted through the Secretary as technical 
assistance and capacity building to be used by the National American 
Indian Housing Council in support of the implementation of NAHASDA; 
$4,500,000 shall be to support the inspection of Indian housing units, 
contract expertise, training, and technical assistance in the training, 
oversight, and management of Indian housing and tenant-based assistance, 
including up to $300,000 for related travel; up to $4,000,000 may be 
used for emergencies that constitute imminent threats to health and 
safety, notwithstanding any other provision of law (including section 
305 of this Act): Provided further, That of the amount provided under 
this heading, $2,000,000 shall be made available for the cost of 
guaranteed notes and other obligations, as authorized by title VI of 
NAHASDA: Provided further, That such costs, including the costs of 
modifying such notes and other obligations, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are available to subsidize the total 
principal amount of any notes and other obligations, any part of which 
is to be guaranteed, not to exceed $17,926,000: Provided further, That 
for administrative expenses to carry out the guaranteed loan program, up 
to $150,000 from amounts in the third proviso, which shall be 
transferred to and merged with the appropriation for ``Salaries and 
Expenses''.


                   native hawaiian housing block grant


    For the Native Hawaiian Housing Block Grant program, as authorized 
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $8,815,000, to 
remain available until expended, of which $352,606 shall be for training 
and technical assistance activities.


           indian housing loan guarantee fund program account


                      (including transfer of funds)


    For the cost of guaranteed loans, as authorized by section 184 of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a), 
$4,000,000, to remain available until expended: Provided, That such 
costs, including the costs of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are

[[Page 119 STAT. 2446]]

available to subsidize total loan principal, any part of which is to be 
guaranteed, not to exceed $116,276,000.
    In addition, for administrative expenses to carry out the guaranteed 
loan program, up to $250,000 from amounts in the first paragraph which 
shall be transferred to and merged with the appropriation for ``Salaries 
and Expenses''.


       native hawaiian housing loan guarantee fund program account


                      (including transfer of funds)


    For the cost of guaranteed loans, as authorized by section 184A of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b), 
$900,000, to remain available until expended: Provided, That such costs, 
including the costs of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, not to exceed 
$35,714,290.
    In addition, for administrative expenses to carry out the guaranteed 
loan program, up to $35,000 from amounts in the first paragraph which 
shall be transferred to and merged with the appropriation for ``Salaries 
and Expenses''.

                   Community Planning and Development


               housing opportunities for persons with aids


    For carrying out the Housing Opportunities for Persons with AIDS 
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 
12901 et seq.), $289,000,000, to remain available until September 30, 
2007, except that amounts allocated pursuant to section 854(c)(3) of 
such Act shall remain available until September 30, 
2008: <<NOTE: Contracts.>> Provided, That the Secretary shall renew all 
expiring contracts for permanent supportive housing that were funded 
under section 854(c)(3) of such Act that meet all program requirements 
before awarding funds for new contracts and activities authorized under 
this section: Provided further, That the Secretary may use up to 
$1,500,000 of the funds under this heading for training, oversight, and 
technical assistance activities.


                 rural housing and economic development


    For the Office of Rural Housing and Economic Development in the 
Department of Housing and Urban Development, $17,000,000, to remain 
available until expended, which amount shall be competitively awarded by 
September 1, 2006, to Indian tribes, State housing finance agencies, 
State community and/or economic development agencies, local rural 
nonprofits and community development corporations to support innovative 
housing and economic development activities in rural areas.

[[Page 119 STAT. 2447]]

                       community development fund


                      (including transfer of funds)


    For assistance to units of State and local government, and to other 
entities, for economic and community development activities, and for 
other purposes, $4,220,000,000, to remain available until September 30, 
2008, unless otherwise specified: Provided, That of the amount provided, 
$3,748,400,000 is for carrying out the community development block grant 
program under title I of the Housing and Community Development Act of 
1974, as amended (the ``Act'' herein) (42 U.S.C. 5301 et seq.): Provided 
further, That unless explicitly provided for under this heading (except 
for planning grants provided in the second paragraph and amounts made 
available under the third paragraph), not to exceed 20 percent of any 
grant made with funds appropriated under this heading shall be expended 
for planning and management development and administration: Provided 
further, That $1,600,000 shall be transferred to the Working Capital 
Fund: Provided further, That $60,000,000 shall be for grants to Indian 
tribes notwithstanding section 106(a)(1) of such Act, of which, 
notwithstanding any other provision of law (including section 305 of 
this Act), up to $4,000,000 may be used for emergencies that constitute 
imminent threats to health and safety; $50,000,000 shall be available 
for YouthBuild program activities authorized by subtitle D of title IV 
of the Cranston-Gonzalez National Affordable Housing Act, as amended, 
and such activities shall be an eligible activity with respect to any 
funds made available under this heading: Provided, That local YouthBuild 
programs that demonstrate an ability to leverage private and nonprofit 
funding shall be given a priority for YouthBuild funding: Provided 
further, That no more than eight percent of any grant award under the 
YouthBuild program may be used for administrative costs: Provided 
further, That of the amount made available for YouthBuild not less than 
$4,000,000 is for grants to establish YouthBuild programs in underserved 
and rural areas and $1,000,000 is to be made available for a grant to 
YouthBuild USA for capacity building for community development and 
affordable housing activities as specified in section 4 of the HUD 
Demonstration Act of 1993, as amended.
    Of the amount made available under this heading, $310,000,000 shall 
be available for grants for the Economic Development Initiative (EDI) to 
finance a variety of targeted economic investments in accordance with 
the terms and conditions specified in the statement of managers 
accompanying this Act: Provided, That none of the funds provided under 
this paragraph may be used for program operations: Provided further, 
That, for fiscal years 2004, 2005 and 2006, no unobligated funds for EDI 
grants may be used for any purpose except acquisition, planning, design, 
purchase of equipment, revitalization, redevelopment or construction.
    Of the amount made available under this heading, $50,000,000 shall 
be available for neighborhood initiatives that are utilized to improve 
the conditions of distressed and blighted areas and neighborhoods, to 
stimulate investment, economic diversification, and community 
revitalization in areas with population outmigration or a stagnating or 
declining economic base, or to determine whether housing benefits can be 
integrated more effectively with welfare reform initiatives: Provided, 
That amounts made available under this paragraph shall be provided in 
accordance with the terms

[[Page 119 STAT. 2448]]

and conditions specified in the statement of managers accompanying this 
Act.
    The referenced statement of the managers under the heading 
``Community Development Fund'' in title II of division G of Public Law 
108-199 is deemed to be amended with respect to item number 181 striking 
``Volusia County'' and inserting ``Lively Arts Center in Volusia 
County''.
    The referenced statement of the managers under the heading 
``Community Development Fund'' in title II of division G of Public Law 
108-199 is deemed to be amended with respect to item number 216 by 
striking ``for construction'' and inserting ``for planning, design, and 
engineering''.
    The referenced statement of the managers under this heading in 
Public Law 108-447 is deemed to be amended with respect to item number 
369 by striking ``for the construction of HomeAid America temporary 
homeless shelters in Costa Mesa, California'' and inserting ``for the 
construction of shelters for the temporarily homeless in New York City, 
New York''.
    The referenced statement of the managers under this heading in 
Public Law 108-447 is deemed to be amended with respect to item number 
502 by striking ``for acquisition of'' and inserting ``for renovations 
of''.
    The referenced statement of the managers under this heading in 
Public Law 108-447 is deemed to be amended with respect to item number 
405 by striking ``Willington Senior Center'' and inserting ``buildings 
and facilities associated with the Willington Senior Housing Center''.
    The referenced statement of the managers under this heading in 
Public Law 108-447 is deemed to be amended with respect to item number 
674 by striking ``City of Big Island, Virginia for the Sedalia Center 
restoration'' and inserting ``to restore the Sedalia Center in Bedford 
County, Virginia''.
    The referenced statement of the managers under this heading in 
Public Law 108-447 is deemed to be amended with respect to item number 
469 by striking ``to the City of Havana, Illinois'' and inserting 
``Havana, Illinois, Rural Fire District''.
    The referenced statement of the managers under this heading in 
Public Law 108-447 is deemed to be amended with respect to item number 
554 by striking ``$250,000 to the Town of Monroe, New York for 
construction of the Monroe Free Library'' and inserting ``$150,000 for 
the Town of Lewisboro, New York for infrastructure improvements for the 
Onatru Farm Community Center and $100,000 for the Town of Poughkeepsie, 
New York for streetscape and related improvements in the Arlington 
Business District''.
    The referenced statement of the managers under this heading in 
Public Law 108-447 is deemed to be amended with respect to item number 
445 by striking ``City of St. Petersburg, Florida'' and inserting 
``Catholic Charities, Diocese of St. Petersburg, Florida''.
    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
103 for the Mission Preservation Foundation in San Juan Capistrano, 
California by striking ``for the Great Stone Church restoration 
project'' and inserting ``to construct and install environment controls 
and security measures''.

[[Page 119 STAT. 2449]]

    The referenced statement of the managers under this heading in 
division A of the Emergency Appropriations Act for Defense, Global War 
on Terror, and Tsunami Relief, 2005 (Public Law 109-13) is amended--
            (1) in section 6070 (119 Stat. 299), by striking paragraph 
        (1); and
            (2) in section 6071 (119 Stat. 299), by striking paragraph 
        (1).

    The referenced statement of the managers under the heading 
``Community Development Fund'' in title II of division I of Public Law 
108-447 is deemed to be amended with respect to item number 83 by 
striking ``construction'' and inserting ``planning, design, engineering, 
and construction''.
    The referenced statement of the managers under the heading 
``Community Development Fund'' in title II of division G of Public Law 
108-199 is deemed to be amended with respect to item number 216 by 
striking ``for construction'' and inserting ``for planning, design, and 
engineering''.
    The referenced statement of the managers under the heading 
``Community Development Fund'' in title II of division I of Public Law 
108-447 is deemed to be amended with respect to item 9 by striking ``for 
costs associated with the construction'' and inserting ``to be used for 
the planning and design''.
    The referenced statement of the managers under the heading 
``Community Development Fund'' in title II of division I of Public Law 
108-447 is deemed to be amended with respect to item 260 by adding 
before the period ``including $120,000 for property renovation at 754 
Broad Street for the Family Center emergency shelter for families and 
children''.
    The referenced statement of the managers accompanying Public Law 
106-74 is deemed to be amended by inserting on page 113 ``, of which 
$47,500 may be used for physical improvements at the South Providence 
Development Corporation business incubator facility or CleanScape, 
including associated project management costs'' after ``$100,000 for the 
South Providence Development Corporation in Providence, Rhode Island for 
a child care facility''.
    The referenced statement of the managers under the heading 
``Community Development Fund'' in title II of division I of Public Law 
108-447 is deemed to be amended with respect to item number 30 by 
striking ``City of San Francisco'' and inserting ``San Francisco Museum 
and Historical Society''.
    The referenced statement of the managers under the heading 
``Community Development Fund'' in title II of division G of Public Law 
108-199 is deemed to be amended with respect to item number 122 by 
striking ``City of San Francisco'' and inserting ``San Francisco Museum 
and Historical Society''.
    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
855 by striking ``the Skagit County Children's Museum in Mount Vernon, 
Washington for facilities improvements and renovation'' and inserting 
``the Children's Museum of Skagit County in Mount Vernon, Washington to 
purchase and renovate a building''.
    The referenced statement of the managers under this heading in 
Public Law 108-447 is deemed to be amended with respect to item number 
1027 by striking ``planning and design'' and inserting ``planning, 
design, construction and buildout''.

[[Page 119 STAT. 2450]]

    The referenced statement of the managers under this heading in 
Public Law 108-447 is deemed to be amended with respect to item number 
946 by striking ``capital'' and inserting ``planning, design, 
engineering, and construction''.
    The referenced statement of the managers under this heading in 
Public Law 108-447 is deemed to be amended with respect to item number 
731 by striking ``rehabilitation and buildout'' and inserting 
``planning, evaluation, design, engineering and construction''.


          community development loan guarantees program account


                      (including transfer of funds)


    For the cost of guaranteed loans, $3,000,000, to remain available 
until September 30, 2007, as authorized by section 108 of the Housing 
and Community Development Act of 1974, as amended: Provided, That such 
costs, including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, not to exceed 
$137,500,000, notwithstanding any aggregate limitation on outstanding 
obligations guaranteed in section 108(k) of the Housing and Community 
Development Act of 1974, as amended.
    In addition, for administrative expenses to carry out the guaranteed 
loan program, $750,000 shall be transferred to and merged with the 
appropriation for ``Salaries and expenses''.


                        brownfields redevelopment


                     (including rescission of funds)


    For competitive economic development grants, as authorized by 
section 108(q) of the Housing and Community Development Act of 1974, as 
amended, for Brownfields redevelopment projects, $10,000,000, to remain 
available until September 30, 2007: Provided, That $10,000,000 shall be 
rescinded from unobligated balances from prior years appropriations 
under this heading and, to the extent there are insufficient balances, 
any additional rescission amounts shall be rescinded from funds 
appropriated under this heading for fiscal year 2006.


                  home investment partnerships program


                      (including transfer of funds)


    For the HOME investment partnerships program, as authorized under 
title II of the Cranston-Gonzalez National Affordable Housing Act, as 
amended, $1,750,000,000, to remain available until September 30, 2008: 
Provided, That of the total amount provided in this paragraph, up to 
$42,000,000 shall be available for housing counseling under section 106 
of the Housing and Urban Development Act of 1968, and $1,000,000 shall 
be transferred to the Working Capital Fund.
    In addition to amounts otherwise made available under this heading, 
$25,000,000, to remain available until September 30, 2008, for 
assistance to homebuyers as authorized under title I of the American 
Dream Downpayment Act.

[[Page 119 STAT. 2451]]

        self-help and assisted homeownership opportunity program


    For the Self-Help and Assisted Homeownership Opportunity Program, 
$61,000,000, to remain available until September 30, 2008: Provided, 
That of the total amount provided in this heading $20,000,000 shall be 
made available to the Self Help Homeownership Opportunity Program as 
authorized under section 11 of the Housing Opportunity Program Extension 
Act of 1996, as amended: Provided further, That $30,000,000 shall be 
made available for capacity building, of which $26,500,000 shall be for 
capacity building for Community Development and affordable Housing for 
LISC and the Enterprise Foundation for activities authorized by section 
4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), as in 
effect immediately before June 12, 1997, and $3,500,000 shall be made 
available for capacity building activities administered by Habitat for 
Humanity International: Provided further, That $3,000,000 shall be made 
available to the Housing Assistance Council; $1,000,000 shall be made 
available to the National American Indian Housing Council; $4,000,000 
shall be available as a grant to the Raza Development Fund of La Raza 
for the HOPE Fund, of which $500,000 is for technical assistance and 
fund management, and $3,500,000 is for investments in the HOPE Fund and 
financing to affiliated organizations; $2,000,000 shall be available as 
a grant to the National Housing Development Corporation for operating 
expenses and a program of affordable housing acquisition and 
rehabilitation; and $1,000,000 shall be made available to the Special 
Olympics National Organizing Committee for planning, equipment and 
operational expenses associated with the 2006 games in Ames, Iowa.


                       homeless assistance grants


                      (including transfer of funds)


    For the emergency shelter grants program as authorized under 
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as 
amended; the supportive housing program as authorized under subtitle C 
of title IV of such Act; the section 8 moderate rehabilitation single 
room occupancy program as authorized under the United States Housing Act 
of 1937, as amended, to assist homeless individuals pursuant to section 
441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus 
care program as authorized under subtitle F of title IV of such Act, 
$1,340,000,000, of which $1,320,000,000 shall remain available until 
September 30, 2008, and of which $20,000,000 shall remain available 
until expended: Provided, That not less than 30 percent of funds made 
available, excluding amounts provided for renewals under the shelter 
plus care program, shall be used for permanent housing: Provided 
further, That all funds awarded for services shall be matched by 25 
percent in funding by each grantee: <<NOTE: Contracts.>> Provided 
further, That the Secretary shall renew on an annual basis expiring 
contracts or amendments to contracts funded under the shelter plus care 
program if the program is determined to be needed under the applicable 
continuum of care and meets appropriate program requirements and 
financial standards, as determined by the Secretary: Provided further, 
That all awards of assistance under this heading shall be required to 
coordinate and integrate homeless programs with other mainstream health, 
social services, and

[[Page 119 STAT. 2452]]

employment programs for which homeless populations may be eligible, 
including Medicaid, State Children's Health Insurance Program, Temporary 
Assistance for Needy Families, Food Stamps, and services funding through 
the Mental Health and Substance Abuse Block Grant, Workforce Investment 
Act, and the Welfare-to-Work grant program: Provided further, That up to 
$11,674,000 of the funds appropriated under this heading shall be 
available for the national homeless data analysis project and technical 
assistance: Provided further, That $1,000,000 of the funds appropriated 
under this heading shall be transferred to the Working Capital Fund: 
Provided further, That all balances for Shelter Plus Care renewals 
previously funded from the Shelter Plus Care Renewal account and 
transferred to this account shall be available, if recaptured, for 
Shelter Plus Care renewals in fiscal year 2006.

                            Housing Programs


                         housing for the elderly


                      (including transfer of funds)


    For capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959, as amended, and for project rental assistance 
for the elderly under section 202(c)(2) of such Act, including 
amendments to contracts for such assistance and renewal of expiring 
contracts for such assistance for up to a 1-year term, and for 
supportive services associated with the housing, $742,000,000, to remain 
available until September 30, 2009, of which amount $51,600,000 shall be 
for service coordinators and the continuation of existing congregate 
service grants for residents of assisted housing projects, and of which 
amount up to $24,800,000 shall be for grants under section 202b of the 
Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of eligible 
projects under such section to assisted living or related use and for 
emergency capital repairs as determined by the Secretary: Provided, That 
of the amount made available under this heading, $4,000,000 shall be 
made available to carry out section 203 of Public Law 108-186: Provided 
further, That of the amount made available under this heading, 
$20,000,000 shall be available to the Secretary of Housing and Urban 
Development only for making competitive grants to private nonprofit 
organizations and consumer cooperatives for covering costs of 
architectural and engineering work, site control, and other planning 
relating to the development of supportive housing for the elderly that 
is eligible for assistance under section 202 of the Housing Act of 1959 
(12 U.S.C. 1701q): Provided further, That amounts under this heading 
shall be available for Real Estate Assessment Center inspections and 
inspection-related activities associated with section 202 capital 
advance projects: Provided further, That $400,000 of the total amount 
made available under this heading shall be transferred to the Working 
Capital Fund: Provided further, That the Secretary may waive the 
provisions of section 202 governing the terms and conditions of project 
rental assistance, except that the initial contract term for such 
assistance shall not exceed 5 years in duration.

[[Page 119 STAT. 2453]]

                  housing for persons with disabilities


                      (including transfer of funds)


    For capital advance contracts, including amendments to capital 
advance contracts, for supportive housing for persons with disabilities, 
as authorized by section 811 of the Cranston-Gonzalez National 
Affordable Housing Act, for project rental assistance for supportive 
housing for persons with disabilities under section 811(d)(2) of such 
Act, including amendments to contracts for such assistance and renewal 
of expiring contracts for such assistance for up to a 1-year term, and 
for supportive services associated with the housing for persons with 
disabilities as authorized by section 811(b)(1) of such Act, and for 
tenant-based rental assistance contracts entered into pursuant to 
section 811 of such Act, $239,000,000 to remain available until 
September 30, 2009: Provided, That $400,000 shall be transferred to the 
Working Capital Fund: Provided further, That, of the amount provided 
under this heading $78,300,000 shall be for amendments or renewal of 
tenant-based assistance contracts entered into prior to fiscal year 2005 
(only one amendment authorized for any such contract): Provided further, 
That of the amount provided under this heading, the Secretary may make 
available up to $5,000,000 for incremental tenant-based rental 
assistance, as authorized by section 811 of such Act (which assistance 
is 5 years in duration): Provided further, That all tenant-based 
assistance made available under this heading shall continue to remain 
available only to persons with disabilities: Provided further, That the 
Secretary may waive the provisions of section 811 governing the terms 
and conditions of project rental assistance and tenant-based assistance, 
except that the initial contract term for such assistance shall not 
exceed 5 years in duration: Provided further, That amounts made 
available under this heading shall be available for Real Estate 
Assessment Center Inspections and inspection-related activities 
associated with section 811 Capital Advance Projects.


                     other assisted housing programs


                        rental housing assistance


    For amendments to contracts under section 101 of the Housing and 
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of 
the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-insured 
rental housing projects, $26,400,000, to remain available until 
expended: Provided, <<NOTE: 12 USC 1701s note.>> That amendments to such 
contracts hereafter may be for a period less than the term of the 
respective contracts.


                          flexible subsidy fund


                           (transfer of funds)


    From <<NOTE: 12 USC 1715z-1 note.>> the Rental Housing Assistance 
Fund, all uncommitted balances of excess rental charges as of September 
30, 2005, and any collections made during fiscal year 2006 and all 
subsequent fiscal years, shall be transferred to the Flexible Subsidy 
Fund, as authorized by section 236(g) of the National Housing Act, as 
amended.

[[Page 119 STAT. 2454]]

                  manufactured housing fees trust fund


    For necessary expenses as authorized by the National Manufactured 
Housing Construction and Safety Standards Act of 1974, as amended (42 
U.S.C. 5401 et seq.), up to $13,000,000, to remain available until 
expended, to be derived from the Manufactured Housing Fees Trust Fund: 
Provided, That not to exceed the total amount appropriated under this 
heading shall be available from the general fund of the Treasury to the 
extent necessary to incur obligations and make expenditures pending the 
receipt of collections to the Fund pursuant to section 620 of such Act: 
Provided further, That the amount made available under this heading from 
the general fund shall be reduced as such collections are received 
during fiscal year 2006 so as to result in a final fiscal year 2006 
appropriation from the general fund estimated at not more than $0 and 
fees pursuant to such section 620 shall be modified as necessary to 
ensure such a final fiscal year 2006 appropriation.

                     Federal Housing Administration


                mutual mortgage insurance program account


                     (including transfers of funds)


    During fiscal year 2006, commitments to guarantee loans to carry out 
the purposes of section 203(b) of the National Housing Act, as amended, 
shall not exceed a loan principal of $185,000,000,000.
    During fiscal year 2006, obligations to make direct loans to carry 
out the purposes of section 204(g) of the National Housing Act, as 
amended, shall not exceed $50,000,000: Provided, That the foregoing 
amount shall be for loans to nonprofit and governmental entities in 
connection with sales of single family real properties owned by the 
Secretary and formerly insured under the Mutual Mortgage Insurance Fund.
    For administrative expenses necessary to carry out the guaranteed 
and direct loan program, $355,000,000, of which not to exceed 
$351,000,000 shall be transferred to the appropriation for ``Salaries 
and expenses''; and not to exceed $4,000,000 shall be transferred to the 
appropriation for ``Office of Inspector General''. In addition, for 
administrative contract expenses, $62,600,000, of which $18,281,000 
shall be transferred to the Working Capital Fund: Provided, That to the 
extent guaranteed loan commitments exceed $65,500,000,000 on or before 
April 1, 2006, an additional $1,400 for administrative contract expenses 
shall be available for each $1,000,000 in additional guaranteed loan 
commitments (including a pro rata amount for any amount below 
$1,000,000), but in no case shall funds made available by this proviso 
exceed $30,000,000.


                general and special risk program account


                     (including transfers of funds)


    For the cost of guaranteed loans, as authorized by sections 238 and 
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including 
the cost of loan guarantee modifications, as that term is defined in 
section 502 of the Congressional Budget Act of 1974, as amended, 
$8,800,000, to remain available until expended: Provided, That 
commitments to guarantee loans shall

[[Page 119 STAT. 2455]]

not exceed $35,000,000,000 in total loan principal, any part of which is 
to be guaranteed.
    Gross obligations for the principal amount of direct loans, as 
authorized by sections 204(g), 207(l), 238, and 519(a) of the National 
Housing Act, shall not exceed $50,000,000, of which not to exceed 
$30,000,000 shall be for bridge financing in connection with the sale of 
multifamily real properties owned by the Secretary and formerly insured 
under such Act; and of which not to exceed $20,000,000 shall be for 
loans to nonprofit and governmental entities in connection with the sale 
of single-family real properties owned by the Secretary and formerly 
insured under such Act.
    In addition, for administrative expenses necessary to carry out the 
guaranteed and direct loan programs, $231,400,000, of which $211,400,000 
shall be transferred to the appropriation for ``Salaries and Expenses''; 
and of which $20,000,000 shall be transferred to the appropriation for 
``Office of Inspector General''.
    In addition, for administrative contract expenses necessary to carry 
out the guaranteed and direct loan programs, $71,900,000, of which 
$10,800,000 shall be transferred to the Working Capital Fund: Provided, 
That to the extent guaranteed loan commitments exceed $8,426,000,000 on 
or before April 1, 2006, an additional $1,980 for administrative 
contract expenses shall be available for each $1,000,000 in additional 
guaranteed loan commitments over $8,426,000,000 (including a pro rata 
amount for any increment below $1,000,000), but in no case shall funds 
made available by this proviso exceed $14,400,000.

                Government National Mortgage Association


 guarantees of mortgage-backed securities loan guarantee program account


                      (including transfer of funds)


    New commitments to issue guarantees to carry out the purposes of 
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)), 
shall not exceed $200,000,000,000, to remain available until September 
30, 2007.
    For administrative expenses necessary to carry out the guaranteed 
mortgage-backed securities program, $10,700,000, to be derived from the 
GNMA guarantees of mortgage-backed securities guaranteed loan receipt 
account, of which not to exceed $10,700,000, shall be transferred to the 
appropriation for ``Salaries and Expenses''.

                     Policy Development and Research


                         research and technology


    For contracts, grants, and necessary expenses of programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized by title V of the Housing and 
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.), 
including carrying out the functions of the Secretary under section 
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $56,350,000, to remain 
available until September 30, 2007: Provided, That of the total amount 
provided under this heading, $5,000,000 shall be for the Partnership for 
Advancing Technology in Housing (PATH) Initiative: Provided further, 
That of the amounts

[[Page 119 STAT. 2456]]

made available for PATH under this heading, $2,500,000 shall not be 
subject to the requirements of section 305 of this title: Provided 
further, That the Office of Housing shall administer PATH: Provided 
further, That of funds made available under this heading, $750,000 shall 
be transferred to the National Research Council for a study in 
accordance with the statement of the managers accompanying this Act: 
Provided further, That of the funds made available under this heading, 
$20,600,000 is for grants pursuant to section 107 of the Housing and 
Community Development Act of 1974, as amended, as follows: $3,000,000 to 
support Alaska Native serving institutions and Native Hawaiian serving 
institutions as defined under the Higher Education Act, as amended; 
$2,600,000 for tribal colleges and universities to build, expand, 
renovate, and equip their facilities and to expand the role of the 
colleges into the community through the provision of needed services 
such as health programs, job training and economic development 
activities; $9,000,000 for the Historically Black Colleges and 
Universities program, of which up to $2,000,000 may be used for 
technical assistance; and $6,000,000 for the Hispanic Serving 
Institutions Program.

                   Fair Housing and Equal Opportunity


                         fair housing activities


    For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968, as 
amended by the Fair Housing Amendments Act of 1988, and section 561 of 
the Housing and Community Development Act of 1987, as amended, 
$46,000,000, to remain available until September 30, 2007, of which 
$20,000,000 shall be to carry out activities pursuant to such section 
561: Provided, That no funds made available under this heading shall be 
used to lobby the executive or legislative branches of the Federal 
Government in connection with a specific contract, grant or loan.

                      Office of Lead Hazard Control


                          lead hazard reduction


    For the Lead Hazard Reduction Program, as authorized by section 1011 
of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 
$152,000,000, to remain available until September 30, 2007, of which 
$9,500,000 shall be for the Healthy Homes Initiative, pursuant to 
sections 501 and 502 of the Housing and Urban Development Act of 1970 
that shall include research, studies, testing, and demonstration 
efforts, including education and outreach concerning lead-based paint 
poisoning and other housing-related diseases and hazards: Provided, That 
for purposes of environmental review, pursuant to the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other 
provisions of law that further the purposes of such Act, a grant under 
the Healthy Homes Initiative, Operation Lead Elimination Action Plan 
(LEAP), or the Lead Technical Studies program under this heading or 
under prior appropriations Acts for such purposes under this heading, 
shall be considered to be funds for a special project for purposes of 
section 305(c) of the Multifamily Housing Property Disposition Reform 
Act of 1994: Provided further, That of the total amount made available

[[Page 119 STAT. 2457]]

under this heading, $48,000,000 shall be made available on a competitive 
basis for areas with the highest lead paint abatement needs, as 
identified by the Secretary as having: (1) the highest number of 
occupied pre-1940 units of rental housing; and (2) a disproportionately 
high number of documented cases of lead-poisoned children: Provided 
further, That each grantee receiving funds under the previous proviso 
shall target those privately owned units and multifamily buildings that 
are occupied by low-income families as defined under section 3(b)(2) of 
the United States Housing Act of 1937: Provided further, That not less 
than 90 percent of the funds made available under this paragraph shall 
be used exclusively for abatement, inspections, risk assessments, 
temporary relocations and interim control of lead-based hazards as 
defined by 42 U.S.C. 4851: Provided further, That each recipient of 
funds provided under the first proviso shall make a matching 
contribution in an amount not less than 25 percent: Provided further, 
That each applicant shall submit a detailed plan and strategy that 
demonstrates adequate capacity that is acceptable to the Secretary to 
carry out the proposed use of funds pursuant to a Notice of Funding 
Availability.

                      Management and Administration


                          salaries and expenses


                      (including transfer of funds)


    For necessary administrative and non-administrative expenses of the 
Department of Housing and Urban Development, not otherwise provided for, 
including purchase of uniforms, or allowances therefore, as authorized 
by 5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as 
authorized by 5 U.S.C. 3109; and not to exceed $25,000 for official 
reception and representation expenses, $1,153,285,000, of which 
$562,400,000 shall be provided from the various funds of the Federal 
Housing Administration, $10,700,000 shall be provided from funds of the 
Government National Mortgage Association, $750,000 shall be from the 
``community development loan guarantee program'' account, $150,000 shall 
be provided by transfer from the ``Native American housing block 
grants'' account, $250,000 shall be provided by transfer from the 
``Indian housing loan guarantee fund program'' account and $35,000 shall 
be transferred from the ``Native Hawaiian housing loan guarantee fund'' 
account: Provided, That funds made available under this heading shall 
only be allocated in the manner specified in the statement of the 
managers accompanying this Act unless the Committees on Appropriations 
of both the House of Representatives and the Senate are notified of any 
changes in an operating plan or reprogramming: Provided further, That no 
official or employee of the Department shall be designated as an 
allotment holder unless the Office of the Chief Financial Officer (OCFO) 
has determined that such allotment holder has implemented an adequate 
system of funds control and has received training in funds control 
procedures and directives: Provided further, <<NOTE: Records. 42 USC 
3549 note.>> That the Chief Financial Officer shall establish positive 
control of and maintain adequate systems of accounting for 
appropriations and other available funds as required by 31 U.S.C. 1514: 
Provided further, That for purposes of funds control and determining 
whether a violation exists under

[[Page 119 STAT. 2458]]

the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of 
obligation shall be the executed agreement or contract, except with 
respect to insurance and guarantee programs, certain types of salaries 
and expenses funding, and incremental funding that is authorized under 
an executed agreement or contract, and shall be designated in the 
approved funds control 
plan: <<NOTE: Requirements. Guidelines. Procedures.>> Provided further, 
That the Chief Financial Officer shall: (1) appoint qualified personnel 
to conduct investigations of potential or actual violations; (2) 
establish minimum training requirements and other qualifications for 
personnel that may be appointed to conduct investigations; (3) establish 
guidelines and timeframes for the conduct and completion of 
investigations; (4) prescribe the content, format and other requirements 
for the submission of final reports on violations; and (5) prescribe 
such additional policies and procedures as may be required for 
conducting investigations of, and administering, processing, and 
reporting on, potential and actual violations of the Anti-Deficiency Act 
and all other statutes and regulations governing the obligation and 
expenditure of funds made available in this or any other Act: Provided 
further, That up to $15,000,000 may be transferred to the Working 
Capital Fund: <<NOTE: Government organization. Employment.>> Provided 
further, That the Secretary shall fill 7 out of 10 vacancies at the GS-
14 and GS-15 levels until the total number of GS-14 and GS-15 positions 
in the Department has been reduced from the number of GS-14 and GS-15 
positions on the date of enactment of Public Law 106-377 by 2\1/2\ 
percent.


                          working capital fund


    For additional capital for the Working Capital Fund (42 U.S.C. 3535) 
for the development of, modifications to, and infrastructure for 
Department-wide information technology systems, for the continuing 
operation of both Department-wide and program-specific information 
systems, and for program-related development activities, $197,000,000, 
to remain available until September 30, 2007: Provided, That any amounts 
transferred to this Fund under this Act shall remain available until 
expended: Provided further, That any amounts transferred to this Fund 
from amounts appropriated by previously enacted appropriations Acts or 
from within this Act may be used only for the purposes specified under 
this Fund, in addition to the purposes for which such amounts were 
appropriated.


                       office of inspector general


                     (including transfers of funds)


    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, as amended, 
$106,000,000, of which $24,000,000 shall be provided from the various 
funds of the Federal Housing Administration: Provided, That the 
Inspector General shall have independent authority over all personnel 
issues within this office.

[[Page 119 STAT. 2459]]

             Office of Federal Housing Enterprise Oversight


                          salaries and expenses


                      (including transfer of funds)


    For carrying out the Federal Housing Enterprises Financial Safety 
and Soundness Act of 1992, including not to exceed $500 for official 
reception and representation expenses, $60,000,000, to remain available 
until expended, to be derived from the Federal Housing Enterprises 
Oversight Fund: <<NOTE: Deadline.>> Provided, That the Director shall 
submit a spending plan for the amounts provided under this heading no 
later than January 15, 2006: Provided further, That not less than 80 
percent of the total amount made available under this heading shall be 
used only for examination, supervision, and capital oversight of the 
enterprises (as such term is defined in section 1303 of the Federal 
Housing Enterprises Financial Safety and Soundness Act of 1992 (12 
U.S.C. 4502)) to ensure that the enterprises are operating in a 
financially safe and sound manner and complying with the capital 
requirements under Subtitle B of such Act: Provided further, That not to 
exceed the amount provided herein shall be available from the general 
fund of the Treasury to the extent necessary to incur obligations and 
make expenditures pending the receipt of collections to the Fund: 
Provided further, That the general fund amount shall be reduced as 
collections are received during the fiscal year so as to result in a 
final appropriation from the general fund estimated at not more than $0.

                        Administrative Provisions

    Sec. 301. <<NOTE: Recission.>> Fifty percent of the amounts of 
budget authority, or in lieu thereof 50 percent of the cash amounts 
associated with such budget authority, that are recaptured from projects 
described in section 1012(a) of the Stewart B. McKinney Homeless 
Assistance Amendments Act of 1988 (42 U.S.C. 1437 note) shall be 
rescinded, or in the case of cash, shall be remitted to the Treasury, 
and such amounts of budget authority or cash recaptured and not 
rescinded or remitted to the Treasury shall be used by State housing 
finance agencies or local governments or local housing agencies with 
projects approved by the Secretary of Housing and Urban Development for 
which settlement occurred after January 1, 1992, in accordance with such 
section. Notwithstanding the previous sentence, the Secretary may award 
up to 15 percent of the budget authority or cash recaptured and not 
rescinded or remitted to the Treasury to provide project owners with 
incentives to refinance their project at a lower interest rate.

    Sec. 302. None of the amounts made available under this Act may be 
used during fiscal year 2006 to investigate or prosecute under the Fair 
Housing Act any otherwise lawful activity engaged in by one or more 
persons, including the filing or maintaining of a non-frivolous legal 
action, that is engaged in solely for the purpose of achieving or 
preventing action by a Government official or entity, or a court of 
competent jurisdiction.
    Sec. 303. <<NOTE: HIV/AIDS. Grants.>> (a) Notwithstanding section 
854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)(1)(A)), from any amounts made available under this title for 
fiscal year 2006 that are allocated under such section, the Secretary of 
Housing and

[[Page 119 STAT. 2460]]

Urban Development shall allocate and make a grant, in the amount 
determined under subsection (b), for any State that--
            (1) received an allocation in a prior fiscal year under 
        clause (ii) of such section; and
            (2) is not otherwise eligible for an allocation for fiscal 
        year 2006 under such clause (ii) because the areas in the State 
        outside of the metropolitan statistical areas that qualify under 
        clause (i) in fiscal year 2006 do not have the number of cases 
        of acquired immunodeficiency syndrome (AIDS) required under such 
        clause.

    (b) The amount of the allocation and grant for any State described 
in subsection (a) shall be an amount based on the cumulative number of 
AIDS cases in the areas of that State that are outside of metropolitan 
statistical areas that qualify under clause (i) of such section 
854(c)(1)(A) in fiscal year 2006, in proportion to AIDS cases among 
cities and States that qualify under clauses (i) and (ii) of such 
section and States deemed eligible under subsection (a).
    (c) <<NOTE: New Jersey.>> Notwithstanding any other provision of 
law, the amount allocated for fiscal year 2006 under section 854(c) of 
the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of 
New York, New York, on behalf of the New York-Wayne-White Plains, New 
York-New Jersey Metropolitan Division (hereafter ``metropolitan 
division'') of the New York-Newark-Edison, NY-NJ-PA Metropolitan 
Statistical Area, shall be adjusted by the Secretary of Housing and 
Urban Development by: (1) allocating to the City of Jersey City, New 
Jersey, the proportion of the metropolitan area's or division's amount 
that is based on the number of cases of AIDS reported in the portion of 
the metropolitan area or division that is located in Hudson County, New 
Jersey, and adjusting for the proportion of the metropolitan division's 
high incidence bonus if this area in New Jersey also has a higher than 
average per capita incidence of AIDS; and (2) allocating to the City of 
Paterson, New Jersey, the proportion of the metropolitan area's or 
division's amount that is based on the number of cases of AIDS reported 
in the portion of the metropolitan area or division that is located in 
Bergen County and Passaic County, New Jersey, and adjusting for the 
proportion of the metropolitan division's high incidence bonus if this 
area in New Jersey also has a higher than average per capita incidence 
of AIDS. The recipient cities shall use amounts allocated under this 
subsection to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective 
portions of the metropolitan division that is located in New Jersey.

    (d) Notwithstanding any other provision of law, the amount allocated 
for fiscal year 2006 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than average 
per capita incidence of AIDS, shall be adjusted by the Secretary on the 
basis of area incidence reported over a three year period.
    Sec. 304. (a) During fiscal year 2006, in the provision of rental 
assistance under section 8(o) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the 
economy and effectiveness of providing such assistance for use in 
assisted living facilities that is carried out in the counties of the 
State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of 
such section 8(o), a family residing in an assisted

[[Page 119 STAT. 2461]]

living facility in any such county, on behalf of which a public housing 
agency provides assistance pursuant to section 8(o)(18) of such Act, may 
be required, at the time the family initially receives such assistance, 
to pay rent in an amount exceeding 40 percent of the monthly adjusted 
income of the family by such a percentage or amount as the Secretary of 
Housing and Urban Development determines to be appropriate.
    Sec. 305. Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to title III of 
this Act shall be made on a competitive basis and in accordance with 
section 102 of the Department of Housing and Urban Development Reform 
Act of 1989.
    Sec. 306. Funds of the Department of Housing and Urban Development 
subject to the Government Corporation Control Act or section 402 of the 
Housing Act of 1950 shall be available, without regard to the 
limitations on administrative expenses, for legal services on a contract 
or fee basis, and for utilizing and making payment for services and 
facilities of the Federal National Mortgage Association, Government 
National Mortgage Association, Federal Home Loan Mortgage Corporation, 
Federal Financing Bank, Federal Reserve banks or any member thereof, 
Federal Home Loan banks, and any insured bank within the meaning of the 
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1831).
    Sec. 307. Unless otherwise provided for in this Act or through a 
reprogramming of funds, no part of any appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 308. Corporations and agencies of the Department of Housing and 
Urban Development which are subject to the Government Corporation 
Control Act, as amended, are hereby authorized to make such 
expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accordance with law, 
and to make such contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of such Act as may be necessary 
in carrying out the programs set forth in the budget for 2006 for such 
corporation or agency except as hereinafter provided: Provided, That 
collections of these corporations and agencies may be used for new loan 
or mortgage purchase commitments only to the extent expressly provided 
for in this Act (unless such loans are in support of other forms of 
assistance provided for in this or prior appropriations Acts), except 
that this proviso shall not apply to the mortgage insurance or guaranty 
operations of these corporations, or where loans or mortgage purchases 
are necessary to protect the financial interest of the United States 
Government.
    Sec. 309. None of the funds provided in this title for technical 
assistance, training, or management improvements may be obligated or 
expended unless HUD provides to the Committees on Appropriations a 
description of each proposed activity and a detailed budget estimate of 
the costs associated with each program, project or activity as part of 
the Budget Justifications. <<NOTE: Deadline.>> For fiscal year 2006, HUD 
shall transmit this information to the Committees by March 15, 2006 for 
30 days of review.

    Sec. 310. <<NOTE: Reports.>> The Secretary of Housing and Urban 
Development shall provide quarterly reports to the House and Senate 
Committees

[[Page 119 STAT. 2462]]

on Appropriations regarding all uncommitted, unobligated, recaptured and 
excess funds in each program and activity within the jurisdiction of the 
Department and shall submit additional, updated budget information to 
these Committees upon request.

    Sec. 311. Notwithstanding any other provision of law, in fiscal year 
2006, in managing and disposing of any multifamily property that is 
owned or held by the Secretary of Housing and Urban Development, the 
Secretary shall maintain any rental assistance payments under section 8 
of the United States Housing Act of 1937 that are attached to any 
dwelling units in the property. To the extent the Secretary determines 
that such a multifamily property owned or held by the Secretary is not 
feasible for continued rental assistance payments under such section 8, 
based on consideration of the costs of maintaining such payments for 
that property or other factors, the Secretary may, in consultation with 
the tenants of that property, contract for project-based rental 
assistance payments with an owner or owners of other existing housing 
properties, or provide other rental assistance.
    Sec. 312. <<NOTE: HIV/AIDS. New Jersey.>> (a) Notwithstanding any 
other provision of law, the amount allocated for fiscal year 2006 under 
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), 
to the City of Wilmington, Delaware, on behalf of the Wilmington, 
Delaware-Maryland-New Jersey Metropolitan Division (hereafter 
``metropolitan division''), shall be adjusted by the Secretary of 
Housing and Urban Development by allocating to the State of New Jersey 
the proportion of the metropolitan division's amount that is based on 
the number of cases of AIDS reported in the portion of the metropolitan 
division that is located in New Jersey, and adjusting for the proportion 
of the metropolitan division's high incidence bonus if this area in New 
Jersey also has a higher than average per capita incidence of AIDS. The 
State of New Jersey shall use amounts allocated to the State under this 
subsection to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the 
metropolitan division that is located in New Jersey.

    (b) <<NOTE: North Carolina.>> Notwithstanding any other provision of 
law, the Secretary of Housing and Urban Development shall allocate to 
Wake County, North Carolina, the amounts that otherwise would be 
allocated for fiscal year 2006 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North 
Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan 
Statistical Area. Any amounts allocated to Wake County shall be used to 
carry out eligible activities under section 855 of such Act (42 U.S.C. 
12904) within such metropolitan statistical area.

    (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity 
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban Development 
may adjust the allocation of the amounts that otherwise would be 
allocated for fiscal year 2006 under section 854(c) of such Act, upon 
the written request of an applicant, in conjunction with the State(s), 
for a formula allocation on behalf of a metropolitan statistical area, 
to designate the State or States in which the metropolitan statistical 
area is located as the eligible grantee(s) of the allocation. In the 
case that a metropolitan statistical area involves more than one State, 
such amounts allocated to each State shall be in proportion to the 
number of cases of AIDS reported in the portion of the metropolitan 
statistical area located in that State. Any amounts allocated to a State 
under this section shall

[[Page 119 STAT. 2463]]

be used to carry out eligible activities within the portion of the 
metropolitan statistical area located in that State.
    Sec. 313. <<NOTE: 12 USC 1701q-3.>> Notwithstanding any other 
provision of law, for this fiscal year and every fiscal year thereafter, 
funds appropriated for housing for the elderly, as authorized by section 
202 of the Housing Act of 1959, as amended, and for supportive housing 
for persons with disabilities, as authorized by section 811 of the 
Cranston-Gonzalez National Affordable Housing Act, shall be available 
for the cost of maintaining and disposing of such properties that are 
acquired or otherwise become the responsibility of the Department.

    Sec. 314. <<NOTE: Reports. Deadlines. 42 USC 1437 note.>> The 
Secretary of Housing and Urban Development shall submit an annual report 
no later than August 30, 2006 and annually thereafter to the House and 
Senate Committees on Appropriations regarding the number of Federally 
assisted units under lease and the per unit cost of these units to the 
Department of Housing and Urban Development.

    Sec. 315. The Department of Housing and Urban Development shall 
submit the Department's fiscal year 2007 congressional budget 
justifications to the Committees on Appropriations of the House of 
Representatives and the Senate using the identical structure provided 
under this Act and only in accordance with the direction specified in 
the report accompanying this Act.
    Sec. 316. That incremental vouchers previously made available under 
the heading ``Housing Certificate Fund'' or renewed under the heading, 
``Tenant-Based Rental Assistance,'' for non-elderly disabled families 
shall, to the extent practicable, continue to be provided to non-elderly 
disabled families upon turnover.
    Sec. 317. A public housing agency or such other entity that 
administers Federal housing assistance in the States of Alaska, Iowa, 
and Mississippi shall not be required to include a resident of public 
housing or a recipient of assistance provided under section 8 of the 
United States Housing Act of 1937 on the board of directors or a similar 
governing board of such agency or entity as required under section 
(2)(b) of such Act. <<NOTE: Establishment. State listing.>> Each public 
housing agency or other entity that administers Federal housing 
assistance under section 8 in the States of Alaska, Iowa and Mississippi 
shall establish an advisory board of not less than 6 residents of public 
housing or recipients of section 8 assistance to provide advice and 
comment to the public housing agency or other administering entity on 
issues related to public housing and section 8. Such advisory board 
shall meet not less than quarterly.

    Sec. 318. (a) Notwithstanding any other provision of law, subject to 
the conditions listed in subsection (b), for fiscal years 2006 and 2007, 
the Secretary may authorize the transfer of project-based assistance, 
debt and statutorily required low-income and very low-income use 
restrictions, associated with one multifamily housing project to another 
multifamily housing project.
    (b) The transfer authorized in subsection (a) is subject to the 
following conditions:
            (1) the number of low-income and very low-income units and 
        the net dollar amount of Federal assistance provided by the 
        transferring project shall remain the same in the receiving 
        project;
            (2) the transferring project shall, as determined by the 
        Secretary, be either physically obsolete or economically non-
        viable;

[[Page 119 STAT. 2464]]

            (3) the receiving project shall meet or exceed applicable 
        physical standards established by the Secretary;
            (4) <<NOTE: Notification. Certification.>> the owner or 
        mortgagor of the transferring project shall notify and consult 
        with the tenants residing in the transferring project and 
        provide a certification of approval by all appropriate local 
        governmental officials;
            (5) the tenants of the transferring project who remain 
        eligible for assistance to be provided by the receiving project 
        shall not be required to vacate their units in the transferring 
        project until new units in the receiving project are available 
        for occupancy;
            (6) the Secretary determines that this transfer is in the 
        best interest of the tenants;
            (7) if either the transferring project or the receiving 
        project meets the condition specified in subsection (c)(2)(A), 
        any lien on the receiving project resulting from additional 
        financing obtained by the owner shall be subordinate to any FHA-
        insured mortgage lien transferred to, or placed on, such project 
        by the Secretary;
            (8) if the transferring project meets the requirements of 
        subsection (c)(2)(E), the owner or mortgagor of the receiving 
        project shall execute and record either a continuation of the 
        existing use agreement or a new use agreement for the project 
        where, in either case, any use restrictions in such agreement 
        are of no lesser duration than the existing use restrictions;
            (9) any financial risk to the FHA General and Special Risk 
        Insurance Fund, as determined by the Secretary, would be reduced 
        as a result of a transfer completed under this section; and
            (10) the Secretary determines that Federal liability with 
        regard to this project will not be increased.

    (c) For purposes of this section--
            (1) the terms ``low-income'' and ``very low-income'' shall 
        have the meanings provided by the statute and/or regulations 
        governing the program under which the project is insured or 
        assisted;
            (2) the term ``multifamily housing project'' means housing 
        that meets one of the following conditions--
                    (A) housing that is subject to a mortgage insured 
                under the National Housing Act;
                    (B) housing that has project-based assistance 
                attached to the structure;
                    (C) housing that is assisted under section 202 of 
                the Housing Act of 1959 as amended by section 801 of the 
                Cranston-Gonzales National Affordable Housing Act;
                    (D) housing that is assisted under section 202 of 
                the Housing Act of 1959, as such section existed before 
                the enactment of the Cranston-Gonzales National 
                Affordable Housing Act; or
                    (E) housing or vacant land that is subject to a use 
                agreement;
            (3) the term ``project-based assistance'' means--
                    (A) assistance provided under section 8(b) of the 
                United States Housing Act of 1937;
                    (B) assistance for housing constructed or 
                substantially rehabilitated pursuant to assistance 
                provided under section

[[Page 119 STAT. 2465]]

                8(b)(2) of such Act (as such section existed immediately 
                before October 1, 1983);
                    (C) rent supplement payments under section 101 of 
                the Housing and Urban Development Act of 1965;
                    (D) additional assistance payments under section 
                236(f)(2) of the National Housing Act; and,
                    (E) assistance payments made under section 202(c)(2) 
                of the Housing Act of 1959;
            (4) the term ``receiving project'' means the multifamily 
        housing project to which the project-based assistance, debt, and 
        statutorily required use low-income and very low-income 
        restrictions are to be transferred;
            (5) the term ``transferring project'' means the multifamily 
        housing project which is transferring the project-based 
        assistance, debt and the statutorily required low-income and 
        very low-income use restrictions to the receiving project; and,
            (6) the term ``Secretary'' means the Secretary of Housing 
        and Urban Development.

    Sec. 319. The funds made available for Native Alaskans under the 
heading ``Native American Housing Block Grants'' in title III of this 
Act shall be allocated to the same Native Alaskan housing block grant 
recipients that received funds in fiscal year 2005.
    Sec. 320. (a) Extension.--The Secretary of Housing and Urban 
Development shall extend the term of the Moving to Work Demonstration 
Agreement entered into between a public housing agency and the Secretary 
under section 204, title V, of the Omnibus Consolidated Rescissions and 
Appropriations Act of 1996 (Public Law 104-134, April 26, 1996) if--
            (1) the public housing agency requests such extension in 
        writing;
            (2) the public housing agency is not at the time of such 
        request for extension in default under its Moving to Work 
        Demonstration Agreement; and
            (3) the Moving to Work Demonstration Agreement to be 
        extended would otherwise expire on or before September 30, 2006.

    (b) Terms.--Unless the Secretary of Housing and Urban Development 
and the public housing agency otherwise agree, the extension under 
subsection (a) shall be upon the identical terms and conditions set 
forth in the extending agency's existing Moving to Work Demonstration 
Agreement, except that for each public housing agency that has been or 
will be granted an extension to its original Moving to Work Agreement, 
the Secretary shall require that data be collected so that the effect of 
Moving to Work policy changes on residents can be measured.
    (c) Extension Period.--The extension under subsection (a) shall be 
for such period as is requested by the public housing agency, not to 
exceed 3 years from the date of expiration of the extending agency's 
existing Moving to Work Demonstration Agreement.
    (d) Breach of Agreement.--Nothing contained in this section shall 
limit the authority of the Secretary of Housing and Urban Development to 
terminate any Moving to Work Demonstration Agreement of a public housing 
agency if the public housing agency is in breach of the provisions of 
such agreement.
    Sec. 321. No funds provided under this title may be used for an 
audit of the Government National Mortgage Association

[[Page 119 STAT. 2466]]

that makes applicable requirements under the Federal Credit Reform Act 
of 1990 (2 U.S.C. 661 et seq.).
    Sec. 322. Incremental vouchers previously made available under the 
heading, ``Housing Certificate Fund'' or renewed under the heading, 
``Tenant-Based Rental Assistance'', for family unification shall, to the 
extent practicable, continue to be provided for family unification.
    Sec. 323. Section 223(f)(1) of the National Housing Act <<NOTE: 12 
USC 1715n.>> is amended by inserting ``purchase or'' immediately before 
``refinancing of existing debt''.

    Sec. 324. Section 421 of the Housing and Community Development Act 
of 1987 (12 U.S.C. Sec. 1715z-4a) is amended--
            (1) in subsection (a)(1)(A), by inserting after ``is'' the 
        following: ``or, at the time of the violations, was''; and
            (2) in subsection (a)(1)(C), by inserting after ``held'' the 
        following: ``or, at the time of the violations, was insured or 
        held''.

    Sec. 325. <<NOTE: Records. 12 USC 1715z-1 note.>> Notwithstanding 
any other provision of law, for fiscal year 2006 and thereafter, all 
mortgagees receiving interest reduction payments under section 236 of 
the National Housing Act (12 U.S.C. 1715z-1) shall submit only 
electronic invoices to the Department of Housing and Development in 
order to receive such payments. <<NOTE: Deadline.>> The mortgagees shall 
comply with this requirement no later than 90 days from the date of 
enactment of this provision.

    Sec. 326. Notwithstanding any other provision of law, the recipient 
of a grant under section 202b of the Housing Act of 1959 (12 U.S.C. 
1701q-2) after December 26, 2000, in accordance with the unnumbered 
paragraph at the end of section 202b(b) of such Act, may, at its option, 
establish a single-asset nonprofit entity to own the project and may 
lend the grant funds to such entity, which may be a private nonprofit 
organization described in section 831 of the American Homeownership and 
Economic Opportunity Act of 2000.
    Sec. 327. (a) No assistance shall be provided under section 8 of the 
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual 
who--
            (1) is enrolled as a student at an institution of higher 
        education (as defined under section 102 of the Higher Education 
        Act of 1965 (20 U.S.C. 1002));
            (2) is under 24 years of age;
            (3) is not a veteran;
            (4) is unmarried;
            (5) does not have a dependent child; and
            (6) is not otherwise individually eligible, or has parents 
        who, individually or jointly, are not eligible, to receive 
        assistance under section 8 of the United States Housing Act of 
        1937 (42 U.S.C. 1437f).

    (b) For purposes of determining the eligibility of a person to 
receive assistance under section 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts 
received for tuition) that an individual receives under the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or 
an institution of higher education (as defined under the Higher 
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to 
that individual, except for a person over the age of 23 with dependent 
children.

[[Page 119 STAT. 2467]]

    (c) <<NOTE: Deadline. Regulations.>> Not later than 30 days after 
the date of enactment of this Act, the Secretary of Housing and Urban 
Development shall issue final regulations to carry out the provisions of 
this section.

    Sec. 328. <<NOTE: California.>> The Secretary of Housing and Urban 
Development shall give priority consideration to applications from the 
housing authorities of the Counties of San Bernardino and Santa Clara 
and the City of San Jose, California to participate in the Moving to 
Work Demonstration Agreement under section 204, title V, of the Omnibus 
Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104-
134, April 26, 1996): Provided, That upon turnover, existing 
requirements on the re-issuance of Section 8 vouchers shall be 
maintained to ensure that not less than 75 percent of all vouchers shall 
be made available to extremely low-income families.

    This title may be cited as the ``Department of Housing and Urban 
Development Appropriations Act, 2006''.

TITLE <<NOTE: Judiciary Appropriations Act, 2006.>> IV

                              THE JUDICIARY

                   Supreme Court of the United States


                          salaries and expenses


    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
purchase or hire, driving, maintenance, and operation of an automobile 
for the Chief Justice, not to exceed $10,000 for the purpose of 
transporting Associate Justices, and hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
official reception and representation expenses; and for miscellaneous 
expenses, to be expended as the Chief Justice may approve, $60,730,000, 
of which $2,000,000 shall remain available until expended.


                    care of the building and grounds


    For such expenditures as may be necessary to enable the Architect of 
the Capitol to carry out the duties imposed upon the Architect by the 
Act approved May 7, 1934 (40 U.S.C. 13a-13b), $5,624,000, which shall 
remain available until expended.

         United States Court of Appeals for the Federal Circuit


                          salaries and expenses


    For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $24,000,000.

               United States Court of International Trade


                          salaries and expenses


    For salaries of the chief judge and eight judges, salaries of the 
officers and employees of the court, services, and necessary expenses of 
the court, as authorized by law, $15,480,000.

[[Page 119 STAT. 2468]]

     Courts of Appeals, District Courts, and Other Judicial Services


                          salaries and expenses


    For the salaries of circuit and district judges (including judges of 
the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the United 
States Court of Federal Claims, bankruptcy judges, magistrate judges, 
and all other officers and employees of the Federal Judiciary not 
otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $4,348,780,000 (including the purchase of 
firearms and ammunition); of which not to exceed $27,817,000 shall 
remain available until expended for space alteration projects and for 
furniture and furnishings related to new space alteration and 
construction projects.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed 
$3,833,000, to be appropriated from the Vaccine Injury Compensation 
Trust Fund.


                            defender services


    For the operation of Federal Defender organizations; the 
compensation and reimbursement of expenses of attorneys appointed to 
represent persons under the Criminal Justice Act of 1964, as amended (18 
U.S.C. 3006A); the compensation and reimbursement of expenses of persons 
furnishing investigative, expert and other services under the Criminal 
Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in 
accordance with Criminal Justice Act maximums) and reimbursement of 
expenses of attorneys appointed to assist the court in criminal cases 
where the defendant has waived representation by counsel; the 
compensation and reimbursement of travel expenses of guardians ad litem 
acting on behalf of financially eligible minor or incompetent offenders 
in connection with transfers from the United States to foreign countries 
with which the United States has a treaty for the execution of penal 
sentences; the compensation of attorneys appointed to represent jurors 
in civil actions for the protection of their employment, as authorized 
by 28 U.S.C. 1875(d); and for necessary training and general 
administrative expenses, $717,000,000, to remain available until 
expended.


                    fees of jurors and commissioners


    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71A(h)), $61,318,000, to remain available until 
expended: Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 
section 5332 of title 5, United States Code.

[[Page 119 STAT. 2469]]

                             court security


                     (including transfers of funds)


    For necessary expenses, not otherwise provided for, incident to the 
provision of protective guard services for United States courthouses and 
other facilities housing Federal court operations, and the procurement, 
installation, and maintenance of security systems and equipment for 
United States courthouses and other facilities housing Federal court 
operations, including building ingress-egress control, inspection of 
mail and packages, directed security patrols, perimeter security, basic 
security services provided by the Federal Protective Service, and other 
similar activities as authorized by section 1010 of the Judicial 
Improvement and Access to Justice Act (Public Law 100-702), 
$372,000,000, of which not to exceed $15,000,000 shall remain available 
until expended, to be expended directly or transferred to the United 
States Marshals Service, which shall be responsible for administering 
the Judicial Facility Security Program consistent with standards or 
guidelines agreed to by the Director of the Administrative Office of the 
United States Courts and the Attorney General, and of which not to 
exceed $65,500,000 shall remain available until expended, to be expended 
directly or transferred to the United States Federal Protective Service 
for costs associated with building security.

            Administrative Office of the United States Courts


                          salaries and expenses


    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 31 
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $70,262,000, of which not to exceed $8,500 is authorized for 
official reception and representation expenses and of which up to 
$1,000,000 shall be made available to the National Academy of Public 
Administration for a review of the financial and management procedures 
of the Federal Judiciary.

                         Federal Judicial Center


                          salaries and expenses


    For necessary expenses of the Federal Judicial Center, as authorized 
by Public Law 90-219, $22,350,000; of which $1,800,000 shall remain 
available through September 30, 2007, to provide education and training 
to Federal court personnel; and of which not to exceed $1,500 is 
authorized for official reception and representation expenses.

                        Judicial Retirement Funds


                    payment to judiciary trust funds


    For payment to the Judicial Officers' Retirement Fund, as authorized 
by 28 U.S.C. 377(o), $36,800,000; to the Judicial Survivors' Annuities 
Fund, as authorized by 28 U.S.C. 376(c), $600,000;

[[Page 119 STAT. 2470]]

and to the United States Court of Federal Claims Judges' Retirement 
Fund, as authorized by 28 U.S.C. 178(l), $3,200,000.

                   United States Sentencing Commission


                          salaries and expenses


    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $14,400,000, of which not 
to exceed $1,000 is authorized for official reception and representation 
expenses.

                Administrative Provisions--The Judiciary

    Sec. 401. Appropriations and authorizations made in this title which 
are available for salaries and expenses shall be available for services 
as authorized by 5 U.S.C. 3109.
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under sections 705 and 710 of this Act and shall 
not be available for obligation or expenditure except in compliance with 
the procedures set forth in that section.
    Sec. 403. Notwithstanding any other provision of law, the salaries 
and expenses appropriation for ``Courts of Appeals, District Courts, and 
Other Judicial Services'' shall be available for official reception and 
representation expenses of the Judicial Conference of the United States: 
Provided, That such available funds shall not exceed $11,000 and shall 
be administered by the Director of the Administrative Office of the 
United States Courts in the capacity as Secretary of the Judicial 
Conference.
    Sec. 404. <<NOTE: Deadline.>> Within 90 days of enactment of this 
Act, the Administrative Office of the U.S. Courts shall submit to the 
Committees on Appropriations a comprehensive financial plan for the 
Judiciary allocating all sources of available funds including 
appropriations, fee collections, and carryover balances, to include a 
separate and detailed plan for the Judiciary Information Technology 
fund.

    Sec. 405. <<NOTE: 28 USC 461 note.>> Pursuant to section 140 of 
Public Law 97-92, and from funds appropriated in this Act, Justices and 
judges of the United States are authorized during fiscal year 2006, to 
receive a salary adjustment in accordance with 28 U.S.C. 461.

    Sec. 406. <<NOTE: Missouri. Extension. 28 USC 133 note.>> The 
existing judgeship for the eastern district of Missouri authorized by 
section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101-
650, 104 Stat. 5089) as amended by Public Law 105-53, as of the 
effective date of this Act, shall be extended. The first vacancy in the 
office of district judge in this district occurring 20 years or more 
after the confirmation date of the judge named to fill the temporary 
judgeship created by section 203(c) shall not be filled.

    Sec. 407. (a) Section 604 of title 28, United States Code, is 
amended by adding section (4) at the end of section ``(g)'':
            ``(4) <<NOTE: Contracts.>> The Director is hereby 
        authorized:

[[Page 119 STAT. 2471]]

                    ``(A) to enter into contracts for the acquisition of 
                severable services for a period that begins in one 
                fiscal year and ends in the next fiscal year to the same 
                extent as the head of an executive agency under the 
                authority of section 253l of title 41, United States 
                Code;
                    ``(B) to enter into contracts for multiple years for 
                the acquisition of property and services to the same 
                extent as executive agencies under the authority of 
                section 254c of title 41, United States Code; and
                    ``(C) to make advance, partial, progress or other 
                payments under contracts for property or services to the 
                same extent as executive agencies under the authority of 
                section 255 of title 41, United States Code.''.

    (b) Section 612 of title 28, United States Code, is amended by 
striking the current language in section (e)(2)(B) and inserting ``such 
contract is in accordance with the Director's authority in section 
604(g) of 28 U.S.C.; and,''.
    (c) <<NOTE: Expiration date. 26 USC 604 note.>> The authorities 
granted in this section shall expire on September 30, 2010.

    Sec. 408. <<NOTE: Deadline. Public information. Reports. Henry 
Cisneros.>> (a) The division of the court shall release to the Congress 
and to the public not later than 60 days after the date of enactment of 
this Act all portions of the final report of the independent counsel of 
the investigation of Henry Cisneros made under section 594(h) of title 
28, United States Code. The division of the court shall make such orders 
as are appropriate to protect the rights of any individual named in such 
report and to prevent undue interference with any pending 
prosecution. <<NOTE: Publication.>> Upon the release of the final 
report, the final report shall be published pursuant to section 
594(h)(3) of title 28, United States Code.

    (b)(1) After the release and publication of the final report 
referred to in subsection (a), the independent counsel shall continue 
his office only to the extent necessary and appropriate to perform the 
noninvestigative and nonprosecutorial tasks remaining of his statutory 
duties as required to conclude the functions of his office.
    (2) The duties referred to in paragraph (1) shall specifically 
include--
            (A) the evaluation of claims for attorney fees, pursuant to 
        section 593(l) of title 28, United States Code;
            (B) the transfer of records to the Archivist of the United 
        States pursuant to section 594(k) of title 28, United States 
        Code;
            (C) compliance with oversight obligations pursuant to 
        section 595(a) of title 28, United States Code; and
            (D) preparation of statements of expenditures pursuant to 
        section 595(c) of title 28, United States Code.

    (c)(1) <<NOTE: Deadline.>> The independent counsel shall have not 
more than 90 days after the release and publication of the final report 
referred to in subsection (a) to complete his remaining statutory duties 
unless the division of the court determines that it is necessary for the 
independent counsel to have additional time to complete his remaining 
statutory duties.

    (2) <<NOTE: Reports. Public information.>> If the division of the 
court finds that the independent counsel needs additional time under 
paragraph (1), the division of the court shall issue a public report 
stating the grounds for the extension and a proposed date for completion 
of all aspects of the investigation of Henry Cisneros and termination of 
the office of the independent counsel.

[[Page 119 STAT. 2472]]

    This title may be cited as the ``Judiciary Appropriations Act, 
2006''.

  TITLE <<NOTE: Executive Office of the President Appropriations Act, 
2006.>> V

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                                PRESIDENT

                      Compensation of the President

    For compensation of the President, including an expense allowance at 
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000: 
Provided, <<NOTE: 3 USC 102 note.>> That none of the funds made 
available for official expenses shall be expended for any other purpose 
and any unused amount shall revert to the Treasury pursuant to section 
1552 of title 31, United States Code.

                           White House Office


                          salaries and expenses


    For necessary expenses for the White House as authorized by law, 
including not to exceed $3,850,000 for services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 
U.S.C. 105, which shall be expended and accounted for as provided in 
that section; hire of passenger motor vehicles, newspapers, periodicals, 
teletype news service, and travel (not to exceed $100,000 to be expended 
and accounted for as provided by 3 U.S.C. 103); and not to exceed 
$19,000 for official entertainment expenses, to be available for 
allocation within the Executive Office of the President, $53,830,000: 
Provided, That of the funds appropriated under this heading, $1,500,000 
shall be for the Privacy and Civil Liberties Oversight Board.

                 Executive Residence at the White House


                           operating expenses


    For the care, maintenance, repair and alteration, refurnishing, 
improvement, heating, and lighting, including electric power and 
fixtures, of the Executive Residence at the White House and official 
entertainment expenses of the President, $12,436,000, to be expended and 
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.


                          reimbursable expenses


    For the reimbursable expenses of the Executive Residence at the 
White House, such sums as may be necessary: Provided, That all 
reimbursable operating expenses of the Executive Residence shall be made 
in accordance with the provisions of this paragraph: Provided further, 
That, notwithstanding any other provision of law, such amount for 
reimbursable operating expenses shall be the exclusive authority of the 
Executive Residence to incur obligations and to receive offsetting 
collections, for such expenses: Provided further, That the Executive 
Residence shall require each person sponsoring a reimbursable political 
event to pay in advance an amount equal to the estimated cost of the 
event, and all such advance payments shall be credited to this account 
and remain available until

[[Page 119 STAT. 2473]]

expended: Provided further, That the Executive Residence shall require 
the national committee of the political party of the President to 
maintain on deposit $25,000, to be separately accounted for and 
available for expenses relating to reimbursable political events 
sponsored by such committee during such fiscal 
year: <<NOTE: Notice. Deadlines.>> Provided further, That the Executive 
Residence shall ensure that a written notice of any amount owed for a 
reimbursable operating expense under this paragraph is submitted to the 
person owing such amount within 60 days after such expense is incurred, 
and that such amount is collected within 30 days after the submission of 
such notice: Provided further, <<NOTE: Deadline.>> That the Executive 
Residence shall charge interest and assess penalties and other charges 
on any such amount that is not reimbursed within such 30 days, in 
accordance with the interest and penalty provisions applicable to an 
outstanding debt on a United States Government claim under section 3717 
of title 31, United States Code: Provided further, That each such amount 
that is reimbursed, and any accompanying interest and charges, shall be 
deposited in the Treasury as 
miscellaneous <<NOTE: Deadline. Reports.>> receipts: Provided further, 
That the Executive Residence shall prepare and submit to the Committees 
on Appropriations, by not later than 90 days after the end of the fiscal 
year covered by this Act, a report setting forth the reimbursable 
operating expenses of the Executive Residence during the preceding 
fiscal year, including the total amount of such expenses, the amount of 
such total that consists of reimbursable official and ceremonial events, 
the amount of such total that consists of reimbursable political events, 
and the portion of each such amount that has been reimbursed as of the 
date of the report: <<NOTE: Records.>> Provided further, That the 
Executive Residence shall maintain a system for the tracking of expenses 
related to reimbursable events within the Executive Residence that 
includes a standard for the classification of any such expense as 
political or nonpolitical: Provided further, That no provision of this 
paragraph may be construed to exempt the Executive Residence from any 
other applicable requirement of subchapter I or II of chapter 37 of 
title 31, United States Code.

                   White House Repair and Restoration

    For the repair, alteration, and improvement of the Executive 
Residence at the White House, $1,700,000, to remain available until 
expended, for required maintenance, safety and health issues, and 
continued preventative maintenance.

                      Council of Economic Advisers


                          salaries and expenses


    For necessary expenses of the Council of Economic Advisers in 
carrying out its functions under the Employment Act of 1946 (15 U.S.C. 
1021), $4,040,000.

                      Office of Policy Development


                          salaries and expenses


    For necessary expenses of the Office of Policy Development, 
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, 
$3,500,000.

[[Page 119 STAT. 2474]]

                        National Security Council


                          salaries and expenses


    For necessary expenses of the National Security Council, including 
services as authorized by 5 U.S.C. 3109, $8,705,000.

                        Office of Administration


                          salaries and expenses


    For necessary expenses of the Office of Administration, including 
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of 
passenger motor vehicles, $89,322,000, of which $11,768,000 shall remain 
available until expended for the Capital Investment Plan for continued 
modernization of the information technology infrastructure within the 
Executive Office of the President.

                     Office of Management and Budget


                          salaries and expenses


    For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles and services as authorized by 
5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 44, 
United States Code, $76,930,000, of which not to exceed $3,000 shall be 
available for official representation 
expenses: <<NOTE: Applicability.>> Provided, That, as provided in 31 
U.S.C. 1301(a), appropriations shall be applied only to the objects for 
which appropriations were made and shall be allocated in accordance with 
the terms and conditions set forth in the accompanying statement of the 
managers except as otherwise provided by law: Provided further, That 
none of the funds appropriated in this Act for the Office of Management 
and Budget may be used for the purpose of reviewing any agricultural 
marketing orders or any activities or regulations under the provisions 
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et 
seq.): Provided further, That none of the funds made available for the 
Office of Management and Budget by this Act may be expended for the 
altering of the transcript of actual testimony of witnesses, except for 
testimony of officials of the Office of Management and Budget, before 
the Committees on Appropriations or their subcommittees: Provided 
further, That the preceding shall not apply to printed hearings released 
by the Committees on Appropriations: Provided further, That none of the 
funds provided in this or prior Acts shall be used, directly or 
indirectly, by the Office of Management and Budget, for evaluating or 
determining if water resource project or study reports submitted by the 
Chief of Engineers acting through the Secretary of the Army are in 
compliance with all applicable laws, regulations, and requirements 
relevant to the Civil Works water resource planning 
process: <<NOTE: Deadlines.>> Provided further, That the Office of 
Management and Budget shall have not more than 60 days in which to 
perform budgetary policy reviews of water resource matters on which the 
Chief of Engineers has reported. <<NOTE: Notification.>> The Director of 
the Office of Management and Budget shall notify the appropriate 
authorizing and Appropriations Committees when the 60-day review is 
initiated. <<NOTE: Deadline.>> If water resource reports have not been 
transmitted to the appropriate authorizing and appropriating committees 
within

[[Page 119 STAT. 2475]]

15 days of the end of the OMB review period based on the notification 
from the Director, Congress shall assume OMB concurrence with the report 
and act accordingly.

                 Office of National Drug Control Policy


                          salaries and expenses


    For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.); not 
to exceed $10,000 for official reception and representation expenses; 
and for participation in joint projects or in the provision of services 
on matters of mutual interest with nonprofit, research, or public 
organizations or agencies, with or without reimbursement, $26,908,000; 
of which $1,316,000 shall remain available until expended for policy 
research and evaluation: Provided, <<NOTE: 21 USC 1702 note.>> That the 
Office is authorized to accept, hold, administer, and utilize gifts, 
both real and personal, public and private, without fiscal year 
limitation, for the purpose of aiding or facilitating the work of the 
Office.


                counterdrug technology assessment center


                      (including transfer of funds)


    For necessary expenses for the Counterdrug Technology Assessment 
Center for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.), 
$30,000,000, which shall remain available until expended, consisting of 
$14,000,000 for counternarcotics research and development projects, of 
which up to $1,000,000 is to be directed to supply reduction activities, 
and $16,000,000 for the continued operation of the technology transfer 
program: Provided, That the $14,000,000 for counternarcotics research 
and development projects shall be available for transfer to other 
Federal departments or agencies.

                      Federal Drug Control Programs


              high intensity drug trafficking areas program


                      (including transfer of funds)


    For <<NOTE: Deadline.>> necessary expenses of the Office of National 
Drug Control Policy's High Intensity Drug Trafficking Areas Program, 
$227,000,000 for drug control activities consistent with the approved 
strategy for each of the designated High Intensity Drug Trafficking 
Areas, of which no less than 51 percent shall be transferred to State 
and local entities for drug control activities, which shall be obligated 
within 120 days of the date of the enactment of this Act: Provided, That 
up to 49 percent, to remain available until September 30, 2007, may be 
transferred to Federal agencies and departments at a rate to be 
determined by the Director, of which not less than $2,000,000 shall be 
used for auditing services and associated activities, and at least 
$500,000 of the $2,000,000 shall be used to develop and implement a data 
collection system to measure the performance of the High Intensity Drug 
Trafficking

[[Page 119 STAT. 2476]]

Areas Program: Provided further, That High Intensity Drug Trafficking 
Areas programs designated as of September 30, 2005, shall be funded at 
no less than the fiscal year 2005 initial allocation levels unless the 
Director submits to the Committees on Appropriations, and the Committees 
approve, justification for changes in those levels based on clearly 
articulated priorities for the High Intensity Drug Trafficking Areas 
programs, as well as published Office of National Drug Control Policy 
performance measures of effectiveness: Provided further, That a request 
shall be submitted in compliance with the reprogramming guidelines to 
the Committees on Appropriations for approval prior to the obligation of 
funds of an amount in excess of the fiscal year 2005 budget request: 
Provided further, That none of the funds made available under this 
heading shall be available for the Consolidated Priority Organization 
Target program.


                   other federal drug control programs


                      (including transfer of funds)


    For activities to support a national anti-drug campaign for youth, 
and for other purposes, authorized by the Office of National Drug 
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.), 
$194,900,000, to remain available until expended, of which the amounts 
are available as follows: $100,000,000 to support a national media 
campaign, as authorized by the Drug-Free Media Campaign Act of 1998: 
Provided, That the Office of National Drug Control Policy shall maintain 
funding for non-advertising services for the media campaign at no less 
than the fiscal year 2003 ratio of service funding to total funds and 
shall continue the corporate outreach program as it operated prior to 
its cancellation; $80,000,000 to continue a program of matching grants 
to drug-free communities, of which $2,000,000 shall be a directed grant 
to the Community Anti-Drug Coalitions of America for the National 
Community Anti-Drug Coalition Institute, as authorized in chapter 2 of 
the National Narcotics Leadership Act of 1988, as amended; $1,000,000 
for the National Drug Court Institute; $1,000,000 for the National 
Alliance for Model State Drug Laws; $8,500,000 for the United States 
Anti-Doping Agency for anti-doping activities; $2,900,000 for the United 
States membership dues to the World Anti-Doping Agency; and $1,500,000 
for evaluations and research related to National Drug Control Program 
performance measures: Provided further, That such funds may be 
transferred to other Federal departments and agencies to carry out such 
activities: Provided further, That of the amounts appropriated for a 
national media campaign, not to exceed 10 percent shall be for 
administration, advertising production, research and testing, labor and 
related costs of the national media campaign.

                           Unanticipated Needs

    For expenses necessary to enable the President to meet unanticipated 
needs, in furtherance of the national interest, security, or defense 
which may arise at home or abroad during the current fiscal year, as 
authorized by 3 U.S.C. 108, $1,000,000.

[[Page 119 STAT. 2477]]

                   Special Assistance to the President


                          salaries and expenses


    For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106, which 
shall be expended and accounted for as provided in that section; and 
hire of passenger motor vehicles, $4,455,000.

                Official Residence of the Vice President


                           operating expenses


                      (including transfer of funds)


    For the care, operation, refurnishing, improvement, and to the 
extent not otherwise provided for, heating and lighting, including 
electric power and fixtures, of the official residence of the Vice 
President; the hire of passenger motor vehicles; and not to exceed 
$90,000 for official entertainment expenses of the Vice President, to be 
accounted for solely on his certificate, $325,000: Provided, That 
advances or repayments or transfers from this appropriation may be made 
to any department or agency for expenses of carrying out such 
activities.
    This title may be cited as the ``Executive Office of the President 
Appropriations Act, 2006''.

                                TITLE VI

                          INDEPENDENT AGENCIES

       Architectural and Transportation Barriers Compliance Board


                          salaries and expenses


    For expenses necessary for the Architectural and Transportation 
Barriers Compliance Board, as authorized by section 502 of the 
Rehabilitation Act of 1973, as amended, $5,941,000: Provided, That, 
notwithstanding any other provision of law, there may be credited to 
this appropriation funds received for publications and training 
expenses.

                   Consumer Product Safety Commission


                          salaries and expenses


    For necessary expenses of the Consumer Product Safety Commission, 
including hire of passenger motor vehicles, services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the maximum rate payable under 5 U.S.C. 5376, 
purchase of nominal awards to recognize non-Federal officials' 
contributions to Commission activities, and not to exceed $500 for 
official reception and representation expenses, $63,000,000 of which up 
to $500,000 shall be used to coordinate with the Administrator of the 
Environmental Protection Agency in the Agency's study pursuant to H.R. 
2361, as passed by the

[[Page 119 STAT. 2478]]

Senate in the first session of the 109th Congress, to assess safety 
risks to both persons and the environment with regard to small engines, 
as required in Public Law 108-199, including real-world scenarios 
involving, among other things, operator burn, fire due to contact with 
flammable items, and refueling.

                     Election Assistance Commission


                          salaries and expenses


                      (including transfer of funds)


    For necessary expenses to carry out the Help America Vote Act of 
2002, $14,200,000, of which $2,800,000 shall be transferred to the 
National Institute of Standards and Technology for election reform 
activities authorized under the Help America Vote Act of 2002.

                  Federal Deposit Insurance Corporation


                       office of inspector general


    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $31,000,000, to be derived from the Bank Insurance Fund, the 
Savings Association Insurance Fund, and the FSLIC Resolution Fund.

                       Federal Election Commission


                          salaries and expenses


    For necessary expenses to carry out the provisions of the Federal 
Election Campaign Act of 1971, as amended, $54,700,000, of which no less 
than $4,700,000 shall be available for internal automated data 
processing systems, and of which not to exceed $5,000 shall be available 
for reception and representation expenses.

                    Federal Labor Relations Authority


                          salaries and expenses


    For necessary expenses to carry out functions of the Federal Labor 
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, 
and the Civil Service Reform Act of 1978, including services authorized 
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of 
passenger motor vehicles, and rental of conference rooms in the District 
of Columbia and elsewhere, $25,468,000: Provided, That public members of 
the Federal Service Impasses Panel may be paid travel expenses and per 
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for 
persons employed intermittently in the Government service, and 
compensation as authorized by 5 U.S.C. 3109: Provided further, That 
notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-
Federal participants at labor-management relations conferences shall be 
credited to and merged with this account, to be available without 
further appropriation for the costs of carrying out these conferences.

[[Page 119 STAT. 2479]]

                       Federal Maritime Commission


                          salaries and expenses


    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 
1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C. 
5901-5902, $20,499,000: Provided, That not to exceed $2,000 shall be 
available for official reception and representation expenses.

                     General Services Administration


                        real property activities


                         federal buildings fund


                 limitations on availability of revenue


                      (including transfer of funds)


    To carry out the purposes of the Fund established pursuant to 
section 210(f) of the Federal Property and Administrative Services Act 
of 1949, as amended (40 U.S.C. 592), the revenues and collections 
deposited into the Fund shall be available for necessary expenses of 
real property management and related activities not otherwise provided 
for, including operation, maintenance, and protection of federally owned 
and leased buildings; rental of buildings in the District of Columbia; 
restoration of leased premises; moving governmental agencies (including 
space adjustments and telecommunications relocation expenses) in 
connection with the assignment, allocation and transfer of space; 
contractual services incident to cleaning or servicing buildings, and 
moving; repair and alteration of federally owned buildings including 
grounds, approaches and appurtenances; care and safeguarding of sites; 
maintenance, preservation, demolition, and equipment; acquisition of 
buildings and sites by purchase, condemnation, or as otherwise 
authorized by law; acquisition of options to purchase buildings and 
sites; conversion and extension of federally owned buildings; 
preliminary planning and design of projects by contract or otherwise; 
construction of new buildings (including equipment for such buildings); 
and payment of principal, interest, and any other obligations for public 
buildings acquired by installment purchase and purchase contract; in the 
aggregate amount of $7,752,745,000, of which: (1) $792,056,000 shall 
remain available until expended for construction (including funds for 
sites and expenses and associated design and construction services) of 
additional projects at the following locations:
            New Construction:
                    Alabama:
                          Tuscaloosa, Federal Building, $34,500,000.
                    California:
                          San Diego, United States Courthouse, 
                      $230,803,000.
                    Colorado:
                          Lakewood, Denver Federal Center 
                      Infrastructure, $4,658,000.

[[Page 119 STAT. 2480]]

                    District of Columbia:
                          Coast Guard Consolidation, $24,900,000.
                          St. Elizabeths West Campus Infrastructure, 
                      $13,095,000.
                          Southeast Federal Center Site Remediation, 
                      $15,000,000.
                    Illinois:
                          Rockford Federal Courthouse, $34,500,000.
                    Maine:
                          Calais, Border Station, $50,146,000.
                          Jackman, Border Station, $12,788,000.
                    Maryland:
                          Montgomery County, Food and Drug 
                      Administration Consolidation, $127,600,000.
                    Mississippi:
                          Jackson, United States Courthouse, $8,750,000.
                    Missouri:
                          Jefferson City, United States Courthouse, 
                      $5,200,000.
                    New York:
                          Champlain, Border Station, $52,510,000.
                          Massena, Border Station, $49,783,000.
                    Texas:
                          Austin, United States Courthouse, $3,000,000.
                    Washington:
                          Blaine, Peace Arch Border Station, 
                      $46,534,000.
            Material Price Increases for the following existing 
        projects: U.S. Mission to the United Nations, New York City, New 
        York; FBI Office, Houston, Texas; Border Station, Del Rio, 
        Texas; United States Courthouse, Cape Girardeau, Missouri; 
        United States Courthouse, El Paso, Texas; Border Station, El 
        Paso, Texas; and United States Courthouse, Las Cruces, New 
        Mexico, $66,789,000.
            Non-prospectus Construction, $9,500,000:

Provided, That each of the foregoing limits of costs on new construction 
projects may be exceeded to the extent that savings are effected in 
other such projects, but not to exceed 10 percent of the amounts 
included in an approved prospectus, if required, unless advance approval 
is obtained from the Committees on Appropriations of a greater 
amount: <<NOTE: Expiration date.>> Provided further, That all funds for 
direct construction projects shall expire on September 30, 2007 and 
remain in the Federal Buildings Fund except for funds for projects as to 
which funds for design or other funds have been obligated in whole or in 
part prior to such date; (2) $861,376,000 shall remain available until 
expended for repairs and alterations, which includes associated design 
and construction services:
            Repairs and Alterations:
                    Arizona:
                          Tucson, James A. Walsh United States 
                      Courthouse, $16,136,000.
                    District of Columbia:
                          For transfer to the Navy for certain permanent 
                      relocation expenses pursuant to section 1(e) of 
                      Public Law 108-268, $2,000,000.
                          Eisenhower Executive Office Building, 
                      $33,417,000.
                          Federal Office Building 8, $47,769,000.

[[Page 119 STAT. 2481]]

                          Heating, Operation, and Transmission District 
                      Repair, $18,783,000.
                          Herbert C. Hoover Building, $54,491,000.
                          Main Interior Federal Building, $41,399,000.
                    Georgia:
                          Atlanta, Martin Luther King, Jr., Federal 
                      Building, $30,129,000.
                    New York:
                          Brooklyn, Emanuel Celler Courthouse, 
                      $96,924,000.
                          New York City, James Watson Federal Building 
                      and United States Courthouse, $9,721,000.
            Special Emphasis Programs:
                    Chlorofluorocarbons Program, $10,000,000.
                    Energy Program, $28,000,000.
                    Glass Fragmentation Program, $15,700,000.
            Design Program, $21,915,000.
            Basic Repairs and Alterations, $434,992,000:

Provided further, That funds made available in this or any previous Act 
in the Federal Buildings Fund for Repairs and Alterations shall, for 
prospectus projects, be limited to the amount identified for each 
project, except each project in this or any previous Act may be 
increased by an amount not to exceed 10 percent unless advance approval 
is obtained from the Committees on Appropriations of a greater amount: 
Provided further, That additional projects for which prospectuses have 
been fully approved may be funded under this category only if advance 
approval is obtained from the Committees on Appropriations: Provided 
further, That the amounts provided in this or any prior Act for 
``Repairs and Alterations'' may be used to fund costs associated with 
implementing security improvements to buildings necessary to meet the 
minimum standards for security in accordance with current law and in 
compliance with the reprogramming guidelines of the appropriate 
Committees of the House and Senate: Provided further, That the 
difference between the funds appropriated and expended on any projects 
in this or any prior Act, under the heading ``Repairs and Alterations'', 
may be transferred to Basic Repairs and Alterations or used to fund 
authorized increases in prospectus projects: <<NOTE: Expiration 
date.>> Provided further, That all funds for repairs and alterations 
prospectus projects shall expire on September 30, 2007 and remain in the 
Federal Buildings Fund except funds for projects as to which funds for 
design or other funds have been obligated in whole or in part prior to 
such date: Provided further, That the amount provided in this or any 
prior Act for Basic Repairs and Alterations may be used to pay claims 
against the Government arising from any projects under the heading 
``Repairs and Alterations'' or used to fund authorized increases in 
prospectus projects; (3) $168,180,000 for installment acquisition 
payments including payments on purchase contracts which shall remain 
available until expended; (4) $4,046,031,000 for rental of space which 
shall remain available until expended; and (5) $1,885,102,000 for 
building operations which shall remain available until expended: 
Provided further, That funds available to the General Services 
Administration shall not be available for expenses of any construction, 
repair, alteration and acquisition project for which a prospectus, if 
required by the Public Buildings Act of 1959, as amended, has not been 
approved, except that necessary funds may be expended for each project 
for required expenses

[[Page 119 STAT. 2482]]

for the development of a proposed prospectus: Provided further, That 
funds available in the Federal Buildings Fund may be expended for 
emergency repairs when advance approval is obtained from the Committees 
on Appropriations: <<NOTE: Missouri.>> Provided further, That, 
notwithstanding any other provision of law, the Administrator of the 
General Services Administration is authorized and directed to proceed 
with site, design, acquisition, and construction for a new courthouse in 
Jefferson City, Missouri, of which planning and design funding is 
provided in this Act: Provided further, That amounts necessary to 
provide reimbursable special services to other agencies under section 
210(f)(6) of the Federal Property and Administrative Services Act of 
1949, as amended (40 U.S.C. 592(b)(2)) and amounts to provide such 
reimbursable fencing, lighting, guard booths, and other facilities on 
private or other property not in Government ownership or control as may 
be appropriate to enable the United States Secret Service to perform its 
protective functions pursuant to 18 U.S.C. 3056, shall be available from 
such revenues and collections: Provided further, That revenues and 
collections and any other sums accruing to this Fund during fiscal year 
2006, excluding reimbursements under section 210(f)(6) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) 
in excess of the aggregate new obligational authority authorized for 
Real Property Activities of the Federal Buildings Fund in this Act shall 
remain in the Fund and shall not be available for expenditure except as 
authorized in appropriations Acts.


                           general activities


                         government-wide policy


    For expenses authorized by law, not otherwise provided for, for 
Government-wide policy and evaluation activities associated with the 
management of real and personal property assets and certain 
administrative services; Government-wide policy support responsibilities 
relating to acquisition, telecommunications, information technology 
management, and related technology activities; and services as 
authorized by 5 U.S.C. 3109, $52,796,000.


                           operating expenses


    For expenses authorized by law, not otherwise provided for, for 
Government-wide activities associated with utilization and donation of 
surplus personal property; disposal of real property; providing Internet 
access to Federal information and services; agency-wide policy direction 
and management, and Board of Contract Appeals; accounting, records 
management, and other support services incident to adjudication of 
Indian Tribal Claims by the United States Court of Federal Claims; 
services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for 
official reception and representation expenses, $99,890,000.


                       office of inspector general


    For necessary expenses of the Office of Inspector General and 
service authorized by 5 U.S.C. 3109, $43,410,000: Provided, That not to 
exceed $15,000 shall be available for payment for information and 
detection of fraud against the Government, including payment for 
recovery of stolen Government property: Provided further, That

[[Page 119 STAT. 2483]]

not to exceed $2,500 shall be available for awards to employees of other 
Federal agencies and private citizens in recognition of efforts and 
initiatives resulting in enhanced Office of Inspector General 
effectiveness.


                       electronic government fund


                      (including transfer of funds)


    For necessary expenses in support of interagency projects that 
enable the Federal Government to expand its ability to conduct 
activities electronically, through the development and implementation of 
innovative uses of the Internet and other electronic methods, 
$3,000,000, to remain available until expended: Provided, That these 
funds may be transferred to Federal agencies to carry out the purposes 
of the Fund: Provided further, That this transfer authority shall be in 
addition to any other transfer authority provided in this 
Act: <<NOTE: Deadline.>> Provided further, That such transfers may not 
be made until 10 days after a proposed spending plan and justification 
for each project to be undertaken has been submitted to the Committees 
on Appropriations.


            allowances and office staff for former presidents


                      (including transfer of funds)


    For carrying out the provisions of the Act of August 25, 1958, as 
amended (3 U.S.C. 102 note), and Public Law 95-138, $2,952,000: 
Provided, That the Administrator of General Services shall transfer to 
the Secretary of the Treasury such sums as may be necessary to carry out 
the provisions of such Acts.


                 federal citizen information center fund


    For necessary expenses of the Federal Citizen Information Center, 
including services authorized by 5 U.S.C. 3109, $15,000,000, to be 
deposited into the Federal Citizen Information Center Fund: Provided, 
That the appropriations, revenues, and collections deposited into the 
Fund shall be available for necessary expenses of Federal Citizen 
Information Center activities in the aggregate amount not to exceed 
$32,000,000. Appropriations, revenues, and collections accruing to this 
Fund during fiscal year 2006 in excess of such amount shall remain in 
the Fund and shall not be available for expenditure except as authorized 
in appropriations Acts.


       administrative provisions--general services administration


                     (including transfers of funds)


    Sec. 601. The appropriate appropriation or fund available to the 
General Services Administration shall be credited with the cost of 
operation, protection, maintenance, upkeep, repair, and improvement, 
included as part of rentals received from Government corporations 
pursuant to law (40 U.S.C. 129).
    Sec. 602. Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.
    Sec. 603. Funds in the Federal Buildings Fund made available for 
fiscal year 2006 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary

[[Page 119 STAT. 2484]]

to meet program requirements: Provided, That any proposed transfers 
shall be approved in advance by the Committees on Appropriations.
    Sec. 604. Except as otherwise provided in this title, no funds made 
available by this Act shall be used to transmit a fiscal year 2007 
request for United States Courthouse construction that: (1) does not 
meet the design guide standards for construction as established and 
approved by the General Services Administration, the Judicial Conference 
of the United States, and the Office of Management and Budget; and (2) 
does not reflect the priorities of the Judicial Conference of the United 
States as set out in its approved 5-year construction plan: Provided, 
That the fiscal year 2007 request must be accompanied by a standardized 
courtroom utilization study of each facility to be constructed, 
replaced, or expanded.
    Sec. 605. None of the funds provided in this Act may be used to 
increase the amount of occupiable square feet, provide cleaning 
services, security enhancements, or any other service usually provided 
through the Federal Buildings Fund, to any agency that does not pay the 
rate per square foot assessment for space and services as determined by 
the General Services Administration in compliance with the Public 
Buildings Amendments Act of 1972 (Public Law 92-313).
    Sec. 606. From funds made available under the heading ``Federal 
Buildings Fund, Limitations on Availability of Revenue'', claims against 
the Government of less than $250,000 arising from direct construction 
projects and acquisition of buildings may be liquidated from savings 
effected in other construction projects with prior notification to the 
Committees on Appropriations.
    Sec. 607. The General Services Administration shall conduct a 
program to promote the use of stairs in all Federal buildings.
    Sec. 608. No funds shall be used by the General Services 
Administration to reorganize its organizational structure without 
approval by the House and Senate Committees on Appropriations through an 
operating plan change.
    Sec. 609. In the case of any General Services Administration (GSA) 
project subject to its published design criteria or specifications of 
any solicitations for offers issued for construction of a Federal 
building or courthouse and to the extent GSA utilizes, references or 
relies on any sustainable building rating systems that award credit for 
certified wood products, GSA shall ensure credit under its procedures 
and requirements to any project that uses wood or wood products 
certified by a credible third party sustainable forest certification 
program, including the Sustainable Forestry Initiative and the Forest 
Stewardship Council: <<NOTE: Deadline. Reports.>> Provided, That not 
later than 60 days after enactment of this Act, the Administrator shall 
report to the relevant congressional committees of jurisdiction on the 
progress and next steps toward recognition of other credible sustainable 
building rating systems within the GSA sustainable building procurement 
process.

    Sec. 610. For purposes of the eTravel system, no less than 23 
percent of all subcontracted dollars shall be allocated to small 
businesses.

[[Page 119 STAT. 2485]]

                     Merit Systems Protection Board


                          salaries and expenses


                      (including transfer of funds)


    For necessary expenses to carry out functions of the Merit Systems 
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978, and the Whistleblower Protection Act 
of 1989 (5 U.S.C. 5509 note), as amended, including services as 
authorized by 5 U.S.C. 3109, rental of conference rooms in the District 
of Columbia and elsewhere, hire of passenger motor vehicles, direct 
procurement of survey printing, and not to exceed $2,000 for official 
reception and representation expenses, $35,600,000 together with not to 
exceed $2,605,000 for administrative expenses to adjudicate retirement 
appeals to be transferred from the Civil Service Retirement and 
Disability Fund in amounts determined by the Merit Systems Protection 
Board.

  Morris K. Udall Scholarship and Excellence in National Environmental 
                            Policy Foundation


  morris k. udall scholarship and excellence in national environmental 
                            policy trust fund


                      (including transfer of funds)


    For payment to the Morris K. Udall Scholarship and Excellence in 
National Environmental Policy Trust Fund, pursuant to the Morris K. 
Udall Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), $2,000,000, 
to remain available until expended, of which up to $50,000 shall be used 
to conduct financial audits pursuant to the Accountability of Tax 
Dollars Act of 2002 (Public Law 107-289) notwithstanding sections 8 and 
9 of Public Law 102-259: Provided, That up to 60 percent of such funds 
may be transferred by the Morris K. Udall Scholarship and Excellence in 
National Environmental Policy Foundation for the necessary expenses of 
the Native Nations Institute.


                  environmental dispute resolution fund


    For payment to the Environmental Dispute Resolution Fund to carry 
out activities authorized in the Environmental Policy and Conflict 
Resolution Act of 1998, $1,900,000, to remain available until expended.

              National Archives and Records Administration


                           operating expenses


    For necessary expenses in connection with the administration of the 
National Archives and Records Administration (including the Information 
Security Oversight Office) and archived Federal records and related 
activities, as provided by law, and for expenses necessary for the 
review and declassification of documents, and for the hire of passenger 
motor vehicles, $283,045,000: Provided, That the Archivist of the United 
States is authorized to use any

[[Page 119 STAT. 2486]]

excess funds available from the amount borrowed for construction of the 
National Archives facility, for expenses necessary to provide adequate 
storage for holdings: Provided further, That of the funds provided in 
this paragraph, $2,000,000 shall be for initial move of records, 
staffing, and operations of the Nixon Library.


                       electronic records archives


    For necessary expenses in connection with the development of the 
electronic records archives, to include all direct project costs 
associated with research, analysis, design, development, and program 
management, $37,914,000, of which $22,000,000 shall remain available 
until September 30, 2008: Provided, That none of the multi-year funds 
may be obligated until the National Archives and Records Administration 
submits to the Committees on Appropriations, and such Committees 
approve, a plan for expenditure that: (1) meets the capital planning and 
investment control review requirements established by the Office of 
Management and Budget, including Circular A-11; (2) complies with the 
National Archives and Records Administration's enterprise architecture; 
(3) conforms with the National Archives and Records Administration's 
enterprise life cycle methodology; (4) is approved by the National 
Archives and Records Administration and the Office of Management and 
Budget; (5) has been reviewed by the Government Accountability Office; 
and (6) complies with the acquisition rules, requirements, guidelines, 
and systems acquisition management practices of the Federal Government.


                         repairs and restoration


    For the repair, alteration, and improvement of archives facilities, 
and to provide adequate storage for holdings, $9,682,000, to remain 
available until expended, of which $1,500,000 is to construct a new 
regional archives and records facility in Anchorage, Alaska, and of 
which $1,000,000 is for the repair and restoration of the plaza that 
surrounds the Lyndon Baines Johnson Presidential Library that is under 
the joint control and custody of the University of Texas: Provided, That 
such funds may be transferred directly to the University and used, 
together with University funds, for repair and restoration of the plaza 
and remain available until expended for this purpose: Provided further, 
That such funds shall be spent in accordance with the construction plan 
submitted to the Committees on Appropriations on March 14, 2005: 
Provided further, That the Archivist shall be prohibited from entering 
into any agreement with the University or any other party that requires 
additional funding commitments on behalf of the Federal Government.


         national historical publications and records commission


                             grants program


                      (including transfer of funds)


    For necessary expenses for allocations and grants for historical 
publications and records as authorized by 44 U.S.C. 2504, as amended, 
$7,500,000, to remain available until expended: Provided, That of the 
funds provided in this paragraph, $2,000,000 shall be transferred to the 
operating expenses account for operating

[[Page 119 STAT. 2487]]

expenses of the National Historical Publications and Records 
Administration.

                  National Credit Union Administration


                       central liquidity facility


    During fiscal year 2006, gross obligations of the Central Liquidity 
Facility for the principal amount of new direct loans to member credit 
unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed 
$1,500,000,000: Provided, That administrative expenses of the Central 
Liquidity Facility in fiscal year 2006 shall not exceed $323,000.


                community development revolving loan fund


    For the Community Development Revolving Loan Fund program as 
authorized by 42 U.S.C. 9812, 9822 and 9910, $950,000 shall be available 
until September 30, 2007 for technical assistance to low-income 
designated credit unions, and amounts of principal and interest on loans 
repaid shall be available until expended for low-income designated 
credit unions.

                  National Transportation Safety Board


                          salaries and expenses


    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for a GS-15; uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902) 
$76,700,000, of which not to exceed $2,000 may be used for official 
reception and representation expenses.


                              (rescission)


    Of the available unobligated balances made available under Public 
Law 106-246, $1,000,000 are rescinded.

                  Neighborhood Reinvestment Corporation


          payment to the neighborhood reinvestment corporation


    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $118,000,000, of 
which $5,000,000 shall be for a multi-family rental housing program.

                       Office of Government Ethics


                          salaries and expenses


    For necessary expenses to carry out functions of the Office of 
Government Ethics pursuant to the Ethics in Government Act of 1978, as 
amended, and the Ethics Reform Act of 1989, including services as 
authorized by 5 U.S.C. 3109, rental of conference rooms in the District 
of Columbia and elsewhere, hire of passenger motor

[[Page 119 STAT. 2488]]

vehicles, and not to exceed $1,500 for official reception and 
representation expenses, $11,148,000.

                     Office of Personnel Management


                          salaries and expenses


                   (including transfer of trust funds)


    For necessary expenses to carry out functions of the Office of 
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 
and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for veterans 
by private physicians on a fee basis; rental of conference rooms in the 
District of Columbia and elsewhere; hire of passenger motor vehicles; 
not to exceed $2,500 for official reception and representation expenses; 
advances for reimbursements to applicable funds of the Office of 
Personnel Management and the Federal Bureau of Investigation for 
expenses incurred under Executive Order No. 10422 of January 9, 1953, as 
amended; and payment of per diem and/or subsistence allowances to 
employees where Voting Rights Act activities require an employee to 
remain overnight at his or her post of duty, $122,521,000, of which 
$6,983,000 shall remain available until expended for the Enterprise 
Human Resources Integration project; $1,450,000 shall remain available 
until expended for the Human Resources Line of Business project; 
$500,000 shall remain available until expended for the E-Training 
project; and $1,412,000 shall remain available until expended until 
September 30, 2007 for the E-Payroll project; and in addition 
$100,017,000 for administrative expenses, to be transferred from the 
appropriate trust funds of the Office of Personnel Management without 
regard to other statutes, including direct procurement of printed 
materials, for the retirement and insurance programs: Provided, That the 
provisions of this appropriation shall not affect the authority to use 
applicable trust funds as provided by sections 8348(a)(1)(B), and 
9004(f)(2)(A) of title 5, United States Code: Provided further, That no 
part of this appropriation shall be available for salaries and expenses 
of the Legal Examining Unit of the Office of Personnel Management 
established pursuant to Executive Order No. 9358 of July 1, 1943, or any 
successor unit of like purpose: Provided further, That the President's 
Commission on White House Fellows, established by Executive Order No. 
11183 of October 3, 1964, may, during fiscal year 2006, accept donations 
of money, property, and personal services: Provided further, That such 
donations, including those from prior years, may be used for the 
development of publicity materials to provide information about the 
White House Fellows, except that no such donations shall be accepted for 
travel or reimbursement of travel expenses, or for the salaries of 
employees of such Commission.


                       office of inspector general


                          salaries and expenses


                   (including transfer of trust funds)


    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act, as amended, 
including services as authorized by 5 U.S.C. 3109, hire

[[Page 119 STAT. 2489]]

of passenger motor vehicles, $2,071,000, and in addition, not to exceed 
$16,329,000 for administrative expenses to audit, investigate, and 
provide other oversight of the Office of Personnel Management's 
retirement and insurance programs, to be transferred from the 
appropriate trust funds of the Office of Personnel Management, as 
determined by the Inspector General: Provided, That the Inspector 
General is authorized to rent conference rooms in the District of 
Columbia and elsewhere.


      government payment for annuitants, employees health benefits


    For payment of Government contributions with respect to retired 
employees, as authorized by chapter 89 of title 5, United States Code, 
and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as 
amended, such sums as may be necessary.


       government payment for annuitants, employee life insurance


    For payment of Government contributions with respect to employees 
retiring after December 31, 1989, as required by chapter 87 of title 5, 
United States Code, such sums as may be necessary.


         payment to civil service retirement and disability fund


    For financing the unfunded liability of new and increased annuity 
benefits becoming effective on or after October 20, 1969, as authorized 
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the 
Civil Service Retirement and Disability Fund, such sums as may be 
necessary: Provided, <<NOTE: 33 USC 776.>> That annuities authorized by 
the Act of May 29, 1944, as amended, and the Act of August 19, 1950, as 
amended (33 U.S.C. 771-775), may hereafter be paid out of the Civil 
Service Retirement and Disability Fund.

                        Office of Special Counsel


                          salaries and expenses


    For necessary expenses to carry out functions of the Office of 
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978 (Public Law 95-454), as amended, the 
Whistleblower Protection Act of 1989 (Public Law 101-12), as amended, 
Public Law 107-304, and the Uniformed Services Employment and 
Reemployment Act of 1994 (Public Law 103-353), including services as 
authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, 
rental of conference rooms in the District of Columbia and elsewhere, 
and hire of passenger motor vehicles; $15,325,000.

                        Selective Service System


                          salaries and expenses


    For necessary expenses of the Selective Service System, including 
expenses of attendance at meetings and of training for uniformed 
personnel assigned to the Selective Service System, as authorized by 5 
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or 
allowances therefor, as authorized by 5 U.S.C.

[[Page 119 STAT. 2490]]

5901-5902; hire of passenger motor vehicles; services as authorized by 5 
U.S.C. 3109; and not to exceed $750 for official reception and 
representation expenses; $25,000,000: Provided, That during the current 
fiscal year, the President may exempt this appropriation from the 
provisions of 31 U.S.C. 1341, whenever the President deems such action 
to be necessary in the interest of national defense: Provided further, 
That none of the funds appropriated by this Act may be expended for or 
in connection with the induction of any person into the Armed Forces of 
the United States.

            United States Interagency Council on Homelessness


                           operating expenses


    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms, and the employment of experts and consultants under section 3109 
of title 5, United States Code) of the United States Interagency Council 
on Homelessness in carrying out the functions pursuant to title II of 
the McKinney-Vento Homeless Assistance Act, as amended, $1,800,000.
    Title II of the McKinney-Vento Homeless Assistance Act, as amended, 
is amended in section 209 <<NOTE: 42 USC 11319.>> by striking ``2005'' 
and inserting ``2006''.

                      United States Postal Service


                   payment to the postal service fund


    For payment to the Postal Service Fund for revenue forgone on free 
and reduced rate mail, pursuant to subsections (c) and (d) of section 
2401 of title 39, United States Code, $116,350,000, of which $73,000,000 
shall not be available for obligation until October 1, 2006: 
Provided, <<NOTE: 39 USC 403 note.>> That mail for overseas voting and 
mail for the blind shall continue to be free: Provided further, That 6-
day delivery and rural delivery of mail shall continue at not less than 
the 1983 level: Provided further, That none of the funds made available 
to the Postal Service by this Act shall be used to implement any rule, 
regulation, or policy of charging any officer or employee of any State 
or local child support enforcement agency, or any individual 
participating in a State or local program of child support enforcement, 
a fee for information requested or provided concerning an address of a 
postal customer: Provided further, That none of the funds provided in 
this Act shall be used to consolidate or close small rural and other 
small post offices in fiscal year 2006.

                         United States Tax Court


                          salaries and expenses


    For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, $47,998,000: Provided, 
That <<NOTE: 26 USC 7443 note.>> travel expenses of the judges shall be 
paid upon the written certificate of the judge.

[[Page 119 STAT. 2491]]

                                TITLE VII

                       GENERAL PROVISIONS THIS ACT


                     (including transfers of funds)


    Sec. 701. Such sums as may be necessary for fiscal year 2006 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 702. None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 703. None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 704. <<NOTE: Contracts.>> The expenditure of any appropriation 
under this Act for any consulting service through procurement contract 
pursuant to section 3109 of title 5, United States Code, shall be 
limited to those contracts where such expenditures are a matter of 
public record and available for public inspection, except where 
otherwise provided under existing law, or under existing Executive order 
issued pursuant to existing law.

    Sec. 705. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 706. None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, or 
policy that would prohibit the enforcement of section 307 of the Tariff 
Act of 1930 (19 U.S.C. 1307).
    Sec. 707. No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service, and has within 
90 days after his release from such service or from hospitalization 
continuing after discharge for a period of not more than 1 year, made 
application for restoration to his former position and has been 
certified by the Office of Personnel Management as still qualified to 
perform the duties of his former position and has not been restored 
thereto.
    Sec. 708. No funds appropriated pursuant to this Act may be expended 
by an entity unless the entity agrees that in expending the assistance 
the entity will comply with sections 2 through 4 of the Act of March 3, 
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
    Sec. 709. No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 710. Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain

[[Page 119 STAT. 2492]]

available for obligation or expenditure in fiscal year 2006, or provided 
from any accounts in the Treasury derived by the collection of fees and 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any program, project, or activity 
for which funds have been denied or restricted by the Congress; (4) 
proposes to use funds directed for a specific activity by either the 
House or Senate Committees on Appropriations for a different purpose; 
(5) augments existing programs, projects, or activities in excess of 
$5,000,000 or 10 percent, whichever is less; (6) reduces existing 
programs, projects, or activities by $5,000,000 or 10 percent, whichever 
is less; or (7) creates, reorganizes, or restructures a branch, 
division, office, bureau, board, commission, agency, administration, or 
department different from the budget justifications submitted to the 
Committees on Appropriations or the table accompanying the statement of 
the managers accompanying this Act, whichever is more detailed, unless 
prior approval is received from the House and Senate Committees on 
Appropriations: <<NOTE: Deadline. Reports.>> Provided, That not later 
than 60 days after the date of enactment of this Act, each agency funded 
by this Act shall submit a report to the Committees on Appropriations of 
the Senate and of the House of Representatives to establish the baseline 
for application of reprogramming and transfer authorities for the 
current fiscal year: Provided further, That the report shall include: 
(1) a table for each appropriation with a separate column to display the 
President's budget request, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the fiscal year enacted 
level; (2) a delineation in the table for each appropriation both by 
object class and program, project, and activity as detailed in the 
budget appendix for the respective appropriation; and (3) an 
identification of items of special congressional interest: Provided 
further, That the amount appropriated or limited for salaries and 
expenses for an agency shall be reduced by $100,000 per day for each day 
after the required date that the report has not been submitted to the 
Congress.

    Sec. 711. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2006 from appropriations made available for salaries and 
expenses for fiscal year 2006 in this Act, shall remain available 
through September 30, 2007, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the 
Committees on Appropriations for approval prior to the expenditure of 
such funds: Provided further, That these requests shall be made in 
compliance with reprogramming guidelines.
    Sec. 712. None of the funds made available in this Act may be used 
by the Executive Office of the President to request from the Federal 
Bureau of Investigation any official background investigation report on 
any individual, except when--
            (1) such individual has given his or her express written 
        consent for such request not more than 6 months prior to the 
        date of such request and during the same presidential 
        administration; or
            (2) such request is required due to extraordinary 
        circumstances involving national security.

[[Page 119 STAT. 2493]]

    Sec. 713. The cost accounting standards promulgated under section 26 
of the Office of Federal Procurement Policy Act (Public Law 93-400; 41 
U.S.C. 422) shall not apply with respect to a contract under the Federal 
Employees Health Benefits Program established under chapter 89 of title 
5, United States Code.
    Sec. 714. For the purpose of resolving litigation and implementing 
any settlement agreements regarding the nonforeign area cost-of-living 
allowance program, the Office of Personnel Management may accept and 
utilize (without regard to any restriction on unanticipated travel 
expenses imposed in an Appropriations Act) funds made available to the 
Office pursuant to court approval.
    Sec. 715. <<NOTE: Abortions.>> No funds appropriated by this Act 
shall be available to pay for an abortion, or the administrative 
expenses in connection with any health plan under the Federal employees 
health benefits program which provides any benefits or coverage for 
abortions.

    Sec. 716. The provision of section 715 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term, or the pregnancy is the result of an act of rape or incest.
    Sec. 717. In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in the Buy American Act (41 
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal 
Government of information technology (as defined in section 11101 of 
title 40, United States Code), that is a commercial item (as defined in 
section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 
403(12)).
    Sec. 718. None of the funds made available in the Act may be used to 
finalize, implement, administer, or enforce--
            (1) the proposed rule relating to the determination that 
        real estate brokerage is an activity that is financial in nature 
        or incidental to a financial activity published in the Federal 
        Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or
            (2) the revision proposed in such rule to section 1501.2 of 
        title 12 of the Code of Federal Regulations.

    Sec. 719. <<NOTE: Reports. Deadline. Contracts.>> All Federal 
agencies and departments that are funded under this Act shall issue a 
report to the House and Senate Committees on Appropriations on all sole 
source contracts by no later than July 31, 2006. Such report shall 
include the contractor, the amount of the contract and the rationale for 
using a sole source contract.

    Sec. 720. The Secretary of the Treasury may transfer funds from 
amounts appropriated under title II of this Act for any costs necessary 
to pay for both career and non-career senior Treasury officials and 
support staff in locations of economic strategic interest throughout the 
world. Such positions would be used to advocate positions of interest to 
the United States Government, including open and fair financial markets, 
consistent with the Secretary's obligation under the Gold Reserve Act of 
1934 (48 Stat. 337) to promote orderly exchange arrangements and an 
orderly system of exchange rates. Any transfer shall not be made 
available until approved in an operating plan request by the House and 
Senate Committees on Appropriations.
    Sec. 721. Section 640(c) of the Treasury and General Government 
Appropriations Act, 2000 (Public Law 106-58; 2 U.S.C. 437g note), as 
amended by section 642 of the Treasury and General Government 
Appropriations Act, 2002 (Public Law 107-67) and by section 639 of the 
Transportation, Treasury, and Independent

[[Page 119 STAT. 2494]]

Agencies Appropriations Act, 2004 (Public Law 108-199), <<NOTE: 2 USC 
437g note.>> is amended by striking ``December 31, 2005'' and inserting 
``December 31, 2008''.

    Sec. 722. The Secretary of the Treasury may make payments from the 
Treasury Forfeiture Fund to reimburse the United States Secret Service 
for costs of protecting the Secretary of the Treasury: 
Provided, <<NOTE: Records.>> That the United States Secret Service shall 
provide the Department of the Treasury with a detailed, itemized list of 
expenses associated with such protection: Provided further, That the 
Comptroller General shall review all expenditures related to such 
protection and shall determine if each expense is a reasonable and 
unavoidable cost of this protection: Provided 
further, <<NOTE: Memorandum.>> That all such reimbursable expenses shall 
be subject to a memorandum of understanding between the Department of 
the Treasury and the United States Secret Service.

    Sec. 723. Section 101 of the Second Emergency Supplemental 
Appropriations Act to Meet Immediate Needs Arising From the Consequences 
of Hurricane Katrina, 2005 (Public Law 109-62; 119 Stat. 1992) is 
repealed.
    Sec. 724. (a) In General.--None of the funds appropriated or 
otherwise made available by this Act may be used for any Federal 
Government contract with any foreign incorporated entity which is 
treated as an inverted domestic corporation under section 835(b) of the 
Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of 
such an entity.
    (b) Waivers.--
            (1) In general.--Any Secretary shall waive subsection (a) 
        with respect to any Federal Government contract under the 
        authority of such Secretary if the Secretary determines that the 
        waiver is required in the interest of national security.
            (2) Report to congress.--Any Secretary issuing a waiver 
        under paragraph (1) shall report such issuance to Congress.

    (c) Exception.--This section shall not apply to any Federal 
Government contract entered into before the date of the enactment of 
this Act, or to any task order issued pursuant to such contract.
    Sec. 725. From funds made available in this Act under the headings 
``White House Office'', ``Executive Residence at the White House'', 
``White House Repair and Restoration'', ``Council of Economic 
Advisors'', ``National Security Council'', ``Office of Administration'', 
``Office of Policy Development'', ``Special Assistance to the 
President'', and ``Official Residence of the Vice President'', the 
Director of the Office of Management and Budget (or such other officer 
as the President may designate in writing), may, fifteen days after 
giving notice to the House and Senate Committees on Appropriations, 
transfer not to exceed 10 percent of any such appropriation to any other 
such appropriation, to be merged with and available for the same time 
and for the same purposes as the appropriation to which transferred: 
Provided, That the amount of an appropriation shall not be increased by 
more than 50 percent by such transfers: Provided further, That no amount 
shall be transferred from ``Special Assistance to the President'' or 
``Official Residence of the Vice President'' without the approval of the 
Vice President.
    Sec. 726. <<NOTE: Eminent domain.>> No funds in this Act may be used 
to support any Federal, State, or local projects that seek to use the 
power of eminent domain, unless eminent domain is employed only for a 
public use: Provided, That for purposes of this section, public use

[[Page 119 STAT. 2495]]

shall not be construed to include economic development that primarily 
benefits private entities: Provided further, That any use of funds for 
mass transit, railroad, airport, seaport or highway projects as well as 
utility projects which benefit or serve the general public (including 
energy-related, communication-related, water-related and wastewater-
related infrastructure), other structures designated for use by the 
general public or which have other common-carrier or public-utility 
functions that serve the general public and are subject to regulation 
and oversight by the government, and projects for the removal of an 
immediate threat to public health and safety or brownsfield as defined 
in the Small Business Liability Relief and Brownsfield Revitalization 
Act (Public Law 107-118) shall be considered a public use for purposes 
of eminent domain: <<NOTE: Deadline.>> Provided further, That the 
Government Accountability Office, in consultation with the National 
Academy of Public Administration, organizations representing State and 
local governments, and property rights organizations, shall conduct a 
study to be submitted to the Congress within 12 months of the enactment 
of this Act on the nationwide use of eminent domain, including the 
procedures used and the results accomplished on a state-by-state basis 
as well as the impact on individual property owners and on the affected 
communities.

                               TITLE VIII

                   GENERAL PROVISIONS GOVERNMENT-WIDE

                 Departments, Agencies, and Corporations

    Sec. 801. Funds appropriated in this or any other Act may be used to 
pay travel to the United States for the immediate family of employees 
serving abroad in cases of death or life threatening illness of said 
employee.
    Sec. 802. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 2006 shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from the illegal use, possession, or 
distribution of controlled substances (as defined in the Controlled 
Substances Act (21 U.S.C. 802)) by the officers and employees of such 
department, agency, or instrumentality.
    Sec. 803. <<NOTE: 31 USC 1343 note.>> Unless otherwise specifically 
provided, the maximum amount allowable during the current fiscal year in 
accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), 
for the purchase of any passenger motor vehicle (exclusive of buses, 
ambulances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $8,100 except station wagons for which the maximum shall 
be $9,100: Provided, That these limits may be exceeded by not to exceed 
$3,700 for police-type vehicles, and by not to exceed $4,000 for special 
heavy-duty vehicles: Provided further, That the limits set forth in this 
section may not be exceeded by more than 5 percent for electric or 
hybrid vehicles purchased for demonstration under the provisions of the 
Electric and Hybrid Vehicle Research, Development, and Demonstration Act 
of 1976: Provided further, That the limits set forth in this section may

[[Page 119 STAT. 2496]]

be exceeded by the incremental cost of clean alternative fuels vehicles 
acquired pursuant to Public Law 101-549 over the cost of comparable 
conventionally fueled vehicles.

    Sec. 804. Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 805. <<NOTE: 5 USC 3101 note.>> Unless otherwise specified 
during the current fiscal year, no part of any appropriation contained 
in this or any other Act shall be used to pay the compensation of any 
officer or employee of the Government of the United States (including 
any agency the majority of the stock of which is owned by the Government 
of the United States) whose post of duty is in the continental United 
States unless such person: (1) is a citizen of the United States; (2) is 
a person in the service of the United States on the date of the 
enactment of this Act who, being eligible for citizenship, has filed a 
declaration of intention to become a citizen of the United States prior 
to such date and is actually residing in the United States; (3) is a 
person who owes allegiance to the United States; (4) is an alien from 
Cuba, Poland, South Vietnam, the countries of the former Soviet Union, 
or the Baltic countries lawfully admitted to the United States for 
permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian 
refugee paroled in the United States after January 1, 1975; or (6) is a 
national of the People's Republic of China who qualifies for adjustment 
of status pursuant to the Chinese Student Protection Act of 1992 (Public 
Law 102-404): Provided, That for the purpose of this section, an 
affidavit signed by any such person shall be considered prima facie 
evidence that the requirements of this section with respect to his or 
her status have been complied with: <<NOTE: Penalty.>> Provided further, 
That any person making a false affidavit shall be guilty of a felony, 
and, upon conviction, shall be fined no more than $4,000 or imprisoned 
for not more than 1 year, or both: Provided further, That the above 
penal clause shall be in addition to, and not in substitution for, any 
other provisions of existing law: Provided further, That any payment 
made to any officer or employee contrary to the provisions of this 
section shall be recoverable in action by the Federal Government. This 
section shall not apply to citizens of Ireland, Israel, or the Republic 
of the Philippines, or to nationals of those countries allied with the 
United States in a current defense effort, or to international 
broadcasters employed by the United States Information Agency, or to 
temporary employment of translators, or to temporary employment in the 
field service (not to exceed 60 days) as a result of emergencies.

    Sec. 806. Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the 
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable 
law.
    Sec. 807. In addition to funds provided in this or any other Act, 
all Federal agencies are authorized to receive and use funds

[[Page 119 STAT. 2497]]

resulting from the sale of materials, including Federal records disposed 
of pursuant to a records schedule recovered through recycling or waste 
prevention programs. Such funds shall be available until expended for 
the following purposes:
            (1) Acquisition, waste reduction and prevention, and 
        recycling programs as described in Executive Order No. 13101 
        (September 14, 1998), including any such programs adopted prior 
        to the effective date of the Executive order.
            (2) Other Federal agency environmental management programs, 
        including, but not limited to, the development and 
        implementation of hazardous waste management and pollution 
        prevention programs.
            (3) Other employee programs as authorized by law or as 
        deemed appropriate by the head of the Federal agency.

    Sec. 808. Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corporations 
and agencies subject to chapter 91 of title 31, United States Code, 
shall be available, in addition to objects for which such funds are 
otherwise available, for rent in the District of Columbia; services in 
accordance with 5 U.S.C. 3109; and the objects specified under this 
head, all the provisions of which shall be applicable to the expenditure 
of such funds unless otherwise specified in the Act by which they are 
made available: Provided, That in the event any functions budgeted as 
administrative expenses are subsequently transferred to or paid from 
other funds, the limitations on administrative expenses shall be 
correspondingly reduced.
    Sec. 809. No part of any appropriation for the current fiscal year 
contained in this or any other Act shall be paid to any person for the 
filling of any position for which he or she has been nominated after the 
Senate has voted not to approve the nomination of said person.
    Sec. 810. No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards (except 
Federal Executive Boards), commissions, councils, committees, or similar 
groups (whether or not they are interagency entities) which do not have 
a prior and specific statutory approval to receive financial support 
from more than one agency or instrumentality.
    Sec. 811. Funds made available by this or any other Act to the 
Postal Service Fund (39 U.S.C. 2003) shall be available for employment 
of guards for all buildings and areas owned or occupied by the Postal 
Service or under the charge and control of the Postal Service. The 
Postal Service may give such guards, with respect to such property, any 
of the powers of special policemen provided under 40 U.S.C. 1315. The 
Postmaster General, or his designee, may take any action that the 
Secretary of Homeland Security may take under such section with respect 
to that property.
    Sec. 812. None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to a joint 
resolution duly adopted in accordance with the applicable law of the 
United States.
    Sec. 813. <<NOTE: 5 USC 5343 note.>> (a) Notwithstanding any other 
provision of law, and except as otherwise provided in this section, no 
part of any of the funds appropriated for fiscal year 2006, by this or 
any other Act, may be used to pay any prevailing rate employee described 
in section 5342(a)(2)(A) of title 5, United States Code--

[[Page 119 STAT. 2498]]

            (1) during the period from the date of expiration of the 
        limitation imposed by the comparable section for previous fiscal 
        years until the normal effective date of the applicable wage 
        survey adjustment that is to take effect in fiscal year 2006, in 
        an amount that exceeds the rate payable for the applicable grade 
        and step of the applicable wage schedule in accordance with such 
        section; and
            (2) during the period consisting of the remainder of fiscal 
        year 2006, in an amount that exceeds, as a result of a wage 
        survey adjustment, the rate payable under paragraph (1) by more 
        than the sum of--
                    (A) the percentage adjustment taking effect in 
                fiscal year 2006 under section 5303 of title 5, United 
                States Code, in the rates of pay under the General 
                Schedule; and
                    (B) the difference between the overall average 
                percentage of the locality-based comparability payments 
                taking effect in fiscal year 2006 under section 5304 of 
                such title (whether by adjustment or otherwise), and the 
                overall average percentage of such payments which was 
                effective in the previous fiscal year under such 
                section.

    (b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which subsection (a) is 
in effect at a rate that exceeds the rates that would be payable under 
subsection (a) were subsection (a) applicable to such employee.
    (c) <<NOTE: Regulations.>> For the purposes of this section, the 
rates payable to an employee who is covered by this section and who is 
paid from a schedule not in existence on September 30, 2005, shall be 
determined under regulations prescribed by the Office of Personnel 
Management.

    (d) Notwithstanding any other provision of law, rates of premium pay 
for employees subject to this section may not be changed from the rates 
in effect on September 30, 2005, except to the extent determined by the 
Office of Personnel Management to be consistent with the purpose of this 
section.
    (e) <<NOTE: Applicability.>> This section shall apply with respect 
to pay for service performed after September 30, 2005.

    (f) For the purpose of administering any provision of law (including 
any rule or regulation that provides premium pay, retirement, life 
insurance, or any other employee benefit) that requires any deduction or 
contribution, or that imposes any requirement or limitation on the basis 
of a rate of salary or basic pay, the rate of salary or basic pay 
payable after the application of this section shall be treated as the 
rate of salary or basic pay.
    (g) Nothing in this section shall be considered to permit or require 
the payment to any employee covered by this section at a rate in excess 
of the rate that would be payable were this section not in effect.
    (h) The Office of Personnel Management may provide for exceptions to 
the limitations imposed by this section if the Office determines that 
such exceptions are necessary to ensure the recruitment or retention of 
qualified employees.
    Sec. 814. During the period in which the head of any department or 
agency, or any other officer or civilian employee of the

[[Page 119 STAT. 2499]]

Government appointed by the President of the United States, holds 
office, no funds may be obligated or expended in excess of $5,000 to 
furnish or redecorate the office of such department head, agency head, 
officer, or employee, or to purchase furniture or make improvements for 
any such office, unless advance notice of such furnishing or 
redecoration is expressly approved by the Committees on Appropriations. 
For the purposes of this section, the term ``office'' shall include the 
entire suite of offices assigned to the individual, as well as any other 
space used primarily by the individual or the use of which is directly 
controlled by the individual.
    Sec. 815. Notwithstanding section 1346 of title 31, United States 
Code, or section 809 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of national security and emergency preparedness 
telecommunications initiatives which benefit multiple Federal 
departments, agencies, or entities, as provided by Executive Order No. 
12472 (April 3, 1984).
    Sec. 816. (a) None of the funds appropriated by this or any other 
Act may be obligated or expended by any Federal department, agency, or 
other instrumentality for the salaries or expenses of any employee 
appointed to a position of a confidential or policy-determining 
character excepted from the competitive service pursuant to section 3302 
of title 5, United States Code, without a certification to the Office of 
Personnel Management from the head of the Federal department, agency, or 
other instrumentality employing the Schedule C appointee that the 
Schedule C position was not created solely or primarily in order to 
detail the employee to the White House.
    (b) The provisions of this section shall not apply to Federal 
employees or members of the armed services detailed to or from--
            (1) the Central Intelligence Agency;
            (2) the National Security Agency;
            (3) the Defense Intelligence Agency;
            (4) the offices within the Department of Defense for the 
        collection of specialized national foreign intelligence through 
        reconnaissance programs;
            (5) the Bureau of Intelligence and Research of the 
        Department of State;
            (6) any agency, office, or unit of the Army, Navy, Air 
        Force, and Marine Corps, the Department of Homeland Security, 
        the Federal Bureau of Investigation and the Drug Enforcement 
        Administration of the Department of Justice, the Department of 
        Transportation, the Department of the Treasury, and the 
        Department of Energy performing intelligence functions; and
            (7) the Director of National Intelligence or the Office of 
        the Director of National Intelligence.

    Sec. 817. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for the 
current fiscal year shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from discrimination and sexual harassment 
and that all of its workplaces are not in violation of title VII of the 
Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241), as amended, 
the Age Discrimination in Employment Act of 1967 (Public Law 90-202, 81 
Stat.

[[Page 119 STAT. 2500]]

602), and the Rehabilitation Act of 1973 (Public Law 93-112, 87 Stat. 
355).
    Sec. 818. No part of any appropriation contained in this or any 
other Act shall be available for the payment of the salary of any 
officer or employee of the Federal Government, who--
            (1) prohibits or prevents, or attempts or threatens to 
        prohibit or prevent, any other officer or employee of the 
        Federal Government from having any direct oral or written 
        communication or contact with any Member, committee, or 
        subcommittee of the Congress in connection with any matter 
        pertaining to the employment of such other officer or employee 
        or pertaining to the department or agency of such other officer 
        or employee in any way, irrespective of whether such 
        communication or contact is at the initiative of such other 
        officer or employee or in response to the request or inquiry of 
        such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, demotes, 
        reduces in rank, seniority, status, pay, or performance of 
        efficiency rating, denies promotion to, relocates, reassigns, 
        transfers, disciplines, or discriminates in regard to any 
        employment right, entitlement, or benefit, or any term or 
        condition of employment of, any other officer or employee of the 
        Federal Government, or attempts or threatens to commit any of 
        the foregoing actions with respect to such other officer or 
        employee, by reason of any communication or contact of such 
        other officer or employee with any Member, committee, or 
        subcommittee of the Congress as described in paragraph (1).

    Sec. 819. (a) None of the funds made available in this or any other 
Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.

    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 820. No funds appropriated in this or any other Act may be used 
to implement or enforce the agreements in Standard Forms 312 and 4414 of 
the Government or any other nondisclosure policy, form, or agreement if 
such policy, form, or agreement does not contain the following 
provisions: ``These restrictions are consistent with and do not 
supersede, conflict with, or otherwise alter the employee obligations, 
rights, or liabilities created by Executive Order No. 12958; section 
7211 of title 5, United States Code (governing disclosures to Congress); 
section 1034 of title 10, United States Code, as amended by the Military 
Whistleblower Protection

[[Page 119 STAT. 2501]]

Act (governing disclosure to Congress by members of the military); 
section 2302(b)(8) of title 5, United States Code, as amended by the 
Whistleblower Protection Act (governing disclosures of illegality, 
waste, fraud, abuse or public health or safety threats); the 
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) 
(governing disclosures that could expose confidential Government 
agents); and the statutes which protect against disclosure that may 
compromise the national security, including sections 641, 793, 794, 798, 
and 952 of title 18, United States Code, and section 4(b) of the 
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, 
requirements, obligations, rights, sanctions, and liabilities created by 
said Executive order and listed statutes are incorporated into this 
agreement and are controlling.'': Provided, That notwithstanding the 
preceding paragraph, a nondisclosure policy form or agreement that is to 
be executed by a person connected with the conduct of an intelligence or 
intelligence-related activity, other than an employee or officer of the 
United States Government, may contain provisions appropriate to the 
particular activity for which such document is to be used. Such form or 
agreement shall, at a minimum, require that the person will not disclose 
any classified information received in the course of such activity 
unless specifically authorized to do so by the United States Government. 
Such nondisclosure forms shall also make it clear that they do not bar 
disclosures to Congress or to an authorized official of an executive 
agency or the Department of Justice that are essential to reporting a 
substantial violation of law.
    Sec. 821. No part of any funds appropriated in this or any other Act 
shall be used by an agency of the executive branch, other than for 
normal and recognized executive-legislative relationships, for publicity 
or propaganda purposes, and for the preparation, distribution or use of 
any kit, pamphlet, booklet, publication, radio, television or film 
presentation designed to support or defeat legislation pending before 
the Congress, except in presentation to the Congress itself.
    Sec. 822. None of the funds appropriated by this or any other Act 
may be used by an agency to provide a Federal employee's home address to 
any labor organization except when the employee has authorized such 
disclosure or when such disclosure has been ordered by a court of 
competent jurisdiction.
    Sec. 823. None of the funds made available in this Act or any other 
Act may be used to provide any non-public information such as mailing or 
telephone lists to any person or any organization outside of the Federal 
Government without the approval of the Committees on Appropriations.
    Sec. 824. No part of any appropriation contained in this or any 
other Act shall be used directly or indirectly, including by private 
contractor, for publicity or propaganda purposes within the United 
States not heretofor authorized by the Congress.
    Sec. 825. (a) In this section the term ``agency''--
            (1) means an Executive agency as defined under section 105 
        of title 5, United States Code;
            (2) includes a military department as defined under section 
        102 of such title, the Postal Service, and the Postal Rate 
        Commission; and
            (3) shall not include the Government Accountability Office.

    (b) Unless authorized in accordance with law or regulations to use 
such time for other purposes, an employee of an agency

[[Page 119 STAT. 2502]]

shall use official time in an honest effort to perform official duties. 
An employee not under a leave system, including a Presidential appointee 
exempted under section 6301(2) of title 5, United States Code, has an 
obligation to expend an honest effort and a reasonable proportion of 
such employee's time in the performance of official duties.
    Sec. 826. Notwithstanding 31 U.S.C. 1346 and section 810 of this 
Act, funds made available for the current fiscal year by this or any 
other Act to any department or agency, which is a member of the Federal 
Accounting Standards Advisory Board (FASAB), shall be available to 
finance an appropriate share of FASAB administrative costs.
    Sec. 827. Notwithstanding 31 U.S.C. 1346 and section 910 of this 
Act, the head of each Executive department and agency is hereby 
authorized to transfer to or reimburse ``General Services 
Administration, Government-wide Policy'' with the approval of the 
Director of the Office of Management and Budget, funds made available 
for the current fiscal year by this or any other Act, including rebates 
from charge card and other contracts: Provided, That these funds shall 
be administered by the Administrator of General Services to support 
Government-wide financial, information technology, procurement, and 
other management innovations, initiatives, and activities, as approved 
by the Director of the Office of Management and Budget, in consultation 
with the appropriate interagency groups designated by the Director 
(including the Chief Financial Officers Council and the Joint Financial 
Management Improvement Program for financial management initiatives, the 
Chief Information Officers Council for information technology 
initiatives, the Chief Human Capital Officers Council for human capital 
initiatives, and the Federal Acquisition Council for procurement 
initiatives). The total funds transferred or reimbursed shall not exceed 
$10,000,000. Such transfers or reimbursements may only be made 15 days 
following notification of the Committees on Appropriations by the 
Director of the Office of Management and Budget.
    Sec. 828. <<NOTE: Breastfeeding.>> Notwithstanding any other 
provision of law, a woman may breastfeed her child at any location in a 
Federal building or on Federal property, if the woman and her child are 
otherwise authorized to be present at the location.

    Sec. 829. Nothwithstanding section 1346 of title 31, United States 
Code, or section 810 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of specific projects, workshops, studies, and 
similar efforts to carry out the purposes of the National Science and 
Technology Council (authorized by Executive Order No. 12881), which 
benefit multiple Federal departments, agencies, or entities: 
Provided, <<NOTE: Reports. Deadline.>> That the Office of Management and 
Budget shall provide a report describing the budget of and resources 
connected with the National Science and Technology Council to the 
Committees on Appropriations, the House Committee on Science, and the 
Senate Committee on Commerce, Science, and Transportation 90 days after 
enactment of this Act.

    Sec. 830. Any request for proposals, solicitation, grant 
application, form, notification, press release, or other publications 
involving the distribution of Federal funds shall indicate the agency 
providing the funds, the Catalog of Federal Domestic Assistance Number,

[[Page 119 STAT. 2503]]

as applicable, and the amount 
provided: <<NOTE: Applicability.>> Provided, That this provision shall 
apply to direct payments, formula funds, and grants received by a State 
receiving Federal funds.

    Sec. 831. Subsection (f) of section 403 of Public Law 103-356 (31 
U.S.C. 501 note), as amended, is further amended by striking ``October 
1, 2005'' and inserting ``October 1, 2006'': Provided, That <<NOTE: 31 
USC 501 note.>> this provision shall not apply to the Department of 
Homeland Security.

    Sec. 832. (a) Prohibition of Federal Agency Monitoring of 
Individuals' Internet Use.--None of the funds made available in this or 
any other Act may be used by any Federal agency--
            (1) to collect, review, or create any aggregation of data, 
        derived from any means, that includes any personally 
        identifiable information relating to an individual's access to 
        or use of any Federal Government Internet site of the agency; or
            (2) to enter into any agreement with a third party 
        (including another government agency) to collect, review, or 
        obtain any aggregation of data, derived from any means, that 
        includes any personally identifiable information relating to an 
        individual's access to or use of any nongovernmental Internet 
        site.

    (b) Exceptions.--The limitations established in subsection (a) shall 
not apply to--
            (1) any record of aggregate data that does not identify 
        particular persons;
            (2) any voluntary submission of personally identifiable 
        information;
            (3) any action taken for law enforcement, regulatory, or 
        supervisory purposes, in accordance with applicable law; or
            (4) any action described in subsection (a)(1) that is a 
        system security action taken by the operator of an Internet site 
        and is necessarily incident to providing the Internet site 
        services or to protecting the rights or property of the provider 
        of the Internet site.

    (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to 
        implement, interpret or enforce authorities provided in law.
            (2) The term ``supervisory'' means examinations of the 
        agency's supervised institutions, including assessing safety and 
        soundness, overall financial condition, management practices and 
        policies and compliance with applicable standards as provided in 
        law.

    Sec. 833. (a) <<NOTE: Contracts. Prescription drugs.>> None of the 
funds appropriated by this Act may be used to enter into or renew a 
contract which includes a provision providing prescription drug 
coverage, except where the contract also includes a provision for 
contraceptive coverage.

    (b) Nothing in this section shall apply to a contract with--
            (1) any of the following religious plans:
                    (A) Personal Care's HMO; and
                    (B) OSF HealthPlans, Inc.; and
            (2) any existing or future plan, if the carrier for the plan 
        objects to such coverage on the basis of religious beliefs.

    (c) In implementing this section, any plan that enters into or 
renews a contract under this section may not subject any individual to 
discrimination on the basis that the individual refuses to prescribe or 
otherwise provide for contraceptives because such

[[Page 119 STAT. 2504]]

activities would be contrary to the individual's religious beliefs or 
moral convictions.
    (d) <<NOTE: Abortions.>> Nothing in this section shall be construed 
to require coverage of abortion or abortion-related services.

    Sec. 834. <<NOTE: Sports. Drugs and drug abuse.>> The Congress of 
the United States recognizes the United States Anti-Doping Agency 
(USADA) as the official anti-doping agency for Olympic, Pan American, 
and Paralympic sport in the United States.

    Sec. 835. Notwithstanding any other provision of law, funds 
appropriated for official travel by Federal departments and agencies may 
be used by such departments and agencies, if consistent with Office of 
Management and Budget Circular A-126 regarding official travel for 
Government personnel, to participate in the fractional aircraft 
ownership pilot program.
    Sec. 836. Notwithstanding any other provision of law, none of the 
funds appropriated or made available under this Act or any other 
appropriations Act may be used to implement or enforce restrictions or 
limitations on the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Personnel Management 
to add sections 300.311 through 300.316 to part 300 of title 5 of the 
Code of Federal Regulations, published in the Federal Register, volume 
68, number 174, on September 9, 2003 (relating to the detail of 
executive branch employees to the legislative branch).
    Sec. 837. <<NOTE: Deadline. Reports.>> (a) Not later than 180 days 
after the end of the fiscal year, the head of each Federal agency shall 
submit a report to Congress on the amount of the acquisitions made by 
the agency from entities that manufacture the articles, materials, or 
supplies outside of the United States in that fiscal year.

    (b) The report required by subsection (a) shall separately 
indicate--
            (1) the dollar value of any articles, materials, or supplies 
        purchased that were manufactured outside of the United States;
            (2) an itemized list of all waivers granted with respect to 
        such articles, materials, or supplies under the Buy American Act 
        (41 U.S.C. 10a et seq.); and
            (3) a summary of the total procurement funds spent on goods 
        manufactured in the United States versus funds spent on goods 
        manufactured outside of the United States.

    (c) <<NOTE: Public information.>> The head of each Federal agency 
submitting a report under subsection (a) shall make the report publicly 
available to the maximum extent practicable.

    (d) This section shall not apply to acquisitions made by an agency, 
or component thereof, that is an element of the intelligence community 
as set forth in or designated under section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 401a(4)).
    Sec. 838. Notwithstanding any other provision of law, no executive 
branch agency shall purchase, construct, and/or lease any additional 
facilities, except within or contiguous to existing locations, to be 
used for the purpose of conducting Federal law enforcement training 
without the advance approval of the Committees on Appropriations, except 
that the Federal Law Enforcement Training Center is authorized to obtain 
the temporary use of additional facilities by lease, contract, or other 
agreement for training which cannot be accommodated in existing Center 
facilities.
    Sec. 839. Notwithstanding section 1346 of title 31, United States 
Code, and section 809 of this Act and any other provision

[[Page 119 STAT. 2505]]

of law, the head of each appropriate executive department and agency 
shall transfer to or reimburse the Federal Aviation Administration, upon 
the direction of the Director of the Office of Management and Budget, 
funds made available by this or any other Act for the purposes described 
below, and shall submit budget requests for such 
purposes. <<NOTE: Midway Atoll Airfield. Contracts.>> These funds shall 
be administered by the Federal Aviation Administration, in consultation 
with the appropriate interagency groups designated by the Director and 
shall be used to ensure the uninterrupted, continuous operation of the 
Midway Atoll Airfield by the Federal Aviation Administration pursuant to 
an operational agreement with the Department of the Interior for the 
entirety of fiscal year 2006 and any period thereafter that precedes the 
enactment of the Transportation, Treasury, the Judiciary, Housing and 
Urban Development, and Related Agencies Appropriations Act, 2007. The 
Director of the Office of Management and Budget shall mandate the 
necessary transfers after determining an equitable allocation between 
the appropriate executive departments and agencies of the responsibility 
for funding the continuous operation of the Midway Atoll Airfield based 
on, but not limited to, potential use, interest in maintaining aviation 
safety, and applicability to governmental operations and agency mission. 
The total funds transferred or reimbursed shall not exceed $6,000,000 
for any twelve-month period. Such sums shall be sufficient to ensure 
continued operation of the airfield throughout the period cited above. 
Funds shall be available for operation of the airfield or airfield-
related capital upgrades. <<NOTE: Notification. Deadline.>> The Director 
of the Office of Management and Budget shall notify the Committees on 
Appropriations of such transfers or reimbursements within 15 days of 
this Act. <<NOTE: Deadline.>> Such transfers or reimbursements shall 
begin within 30 days of enactment of this Act.

    Sec. 840. Section 4(b) of the Federal Activities Inventory Reform 
Act of 1998 (Public Law 105-270) <<NOTE: 31 USC 501 note.>> is amended 
by adding at the end the following new paragraph:
            ``(5) Executive agencies with fewer than 100 full-time 
        employees as of the first day of the fiscal year. However, such 
        an agency shall be subject to section 2 to the extent it plans 
        to conduct a public-private competition for the performance of 
        an activity that is not inherently governmental.''.

    Sec. 841. <<NOTE: Reports.>> (a) No funds shall be available for 
transfers or reimbursements to the E-Government Initiatives sponsored by 
the Office of Management and Budget (OMB) prior to 15 days following 
submission of a report to the Committees on Appropriations by the 
Director of the Office of Management and Budget and receipt of approval 
to transfer funds by the House and Senate Committees on Appropriations.

    (b) The report in (a) shall detail--
            (1) the amount proposed for transfer for any department and 
        agency by program office, bureau, or activity, as appropriate;
            (2) the specific use of funds;
            (3) the relevance of that use to that department or agency 
        and each bureau or office within, which is contributing funds; 
        and
            (4) a description on any such activities for which funds 
        were appropriated that will not be implemented or partially 
        implemented by the department or agency as a result of the 
        transfer.

[[Page 119 STAT. 2506]]

    Sec. 842. (a) Requirement for Public-Private Competition.--
            (1) Notwithstanding any other provision of law, none of the 
        funds appropriated by this or any other Act shall be available 
        to convert to contractor performance an activity or function of 
        an executive agency, that on or after the date of enactment of 
        this Act, is performed by more than 10 Federal employees 
        unless--
                    (A) the conversion is based on the result of a 
                public-private competition that includes a most 
                efficient and cost effective organization plan developed 
                by such activity or function; and
                    (B) the Competitive Sourcing Official determines 
                that, over all performance periods stated in the 
                solicitation of offers for performance of the activity 
                or function, the cost of performance of the activity or 
                function by a contractor would be less costly to the 
                executive agency by an amount that equals or exceeds the 
                lesser of--
                          (i) 10 percent of the most efficient 
                      organization's personnel-related costs for 
                      performance of that activity or function by 
                      Federal employees; or
                          (ii) $10,000,000.
            (2) This paragraph shall not apply to--
                    (A) the Department of Defense;
                    (B) section 44920 of title 49, United States Code;
                    (C) a commercial or industrial type function that--
                          (i) is included on the procurement list 
                      established pursuant to section 2 of the Javits-
                      Wagner-O'Day Act (41 U.S.C. 47); or
                          (ii) is planned to be converted to performance 
                      by a qualified nonprofit agency for the blind or 
                      by a qualified nonprofit agency for other severely 
                      handicapped individuals in accordance with that 
                      Act;
                    (D) depot contracts or contracts for depot 
                maintenance as provided in sections 2469 and 2474 of 
                title 10, United States Code; or
                    (E) activities that are the subject of an ongoing 
                competition that was publicly announced prior to the 
                date of enactment of this Act.

    (b) <<NOTE: Contracts. Procedures.>> Use of Public-Private 
Competition.--Nothing in Office of Management and Budget Circular A-76 
shall prevent the head of an executive agency from conducting a public-
private competition to evaluate the benefits of converting work from 
contract performance to performance by Federal employees in appropriate 
instances. The Circular shall provide procedures and policies for these 
competitions that are similar to those applied to competitions that may 
result in the conversion of work from performance by Federal employees 
to performance by a contractor.

    Sec. 843. <<NOTE: Pay increase. Effective date. 5 USC 5303 
note.>> (a) The adjustment in rates of basic pay for employees under the 
statutory pay systems that takes effect in fiscal year 2006 under 
sections 5303 and 5304 of title 5, United States Code, shall be an 
increase of 3.1 percent, and this adjustment shall apply to civilian 
employees in the Department of Defense and the Department of Homeland 
Security and such adjustments shall be effective as of the first day of 
the first applicable pay period beginning on or after January 1, 2006.

[[Page 119 STAT. 2507]]

    (b) Notwithstanding section 813 of this Act, the adjustment in rates 
of basic pay for the statutory pay systems that take place in fiscal 
year 2006 under sections 5344 and 5348 of title 5, United States Code, 
shall be no less than the percentage in paragraph (a) as employees in 
the same location whose rates of basic pay are adjusted pursuant to the 
statutory pay systems under section 5303 and 5304 of title 5, United 
States Code. Prevailing rate employees at locations where there are no 
employees whose pay is increased pursuant to sections 5303 and 5304 of 
title 5 and prevailing rate employees described in section 5343(a)(5) of 
title 5 shall be considered to be located in the pay locality designated 
as ``Rest of US'' pursuant to section 5304 of title 5 for purposes of 
this paragraph.
    (c) Funds used to carry out this section shall be paid from 
appropriations, which are made to each applicable department or agency 
for salaries and expenses for fiscal year 2006.
    Sec. 844. Unless otherwise authorized by existing law, none of the 
funds provided in this Act or any other Act may be used by an executive 
branch agency to produce any prepackaged news story intended for 
broadcast or distribution in the United States, unless the story 
includes a clear notification within the text or audio of the 
prepackaged news story that the prepackaged news story was prepared or 
funded by that executive branch agency.
    Sec. 845. None of the funds made available in this Act may be used 
in contravention of section 552a of title 5, United States Code 
(popularly known as the Privacy Act) or of section 552.224 of title 48 
of the Code of Federal Regulations.
    Sec. 846. <<NOTE: 5 USC 5701 note.>> Each executive department and 
agency shall evaluate the creditworthiness of an individual before 
issuing the individual a government travel charge card. The department 
or agency may not issue a government travel charge card to an individual 
that either lacks a credit history or is found to have an unsatisfactory 
credit history as a result of this evaluation: Provided, That this 
restriction shall not preclude issuance of a restricted-use charge, 
debit, or stored value card made in accordance with agency procedures 
to: (1) an individual with an unsatisfactory credit history where such 
card is used to pay travel expenses and the agency determines there is 
no suitable alternative payment mechanism available before issuing the 
card; or (2) an individual who lacks a credit 
history. <<NOTE: Guidelines. Procedures.>> Each executive department and 
agency shall establish guidelines and procedures for disciplinary 
actions to be taken against agency personnel for improper, fraudulent, 
or abusive use of government charge cards, which shall include 
appropriate disciplinary actions for use of charge cards for purposes, 
and at establishments, that are inconsistent with the official business 
of the Department or agency or with applicable standards of conduct.

    Sec. 847. <<NOTE: 1 USC 1 note.>> Except as expressly provided 
otherwise, any reference to ``this Act'' contained in this division 
shall be treated as referring only to the provisions of this division.

    This division may be cited as the ``Transportation, Treasury, 
Housing and Urban Development, the Judiciary, and Independent Agencies 
Appropriations Act, 2006''.

[[Page 119 STAT. 2508]]

  DIVISION <<NOTE: District of Columbia Appropriations Act, 2006.>> B--
DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2006

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the District of Columbia and 
related agencies for the fiscal year ending September 30, 2006, and for 
other purposes, namely:

                          DISTRICT OF COLUMBIA

                              Federal Funds


              federal payment for resident tuition support


    For a Federal payment to the District of Columbia, to be deposited 
into a dedicated account, for a nationwide program to be administered by 
the Mayor, for District of Columbia resident tuition support, 
$33,200,000, to remain available until expended: Provided, That such 
funds, including any interest accrued thereon, may be used on behalf of 
eligible District of Columbia residents to pay an amount based upon the 
difference between in-State and out-of-State tuition at public 
institutions of higher education, or to pay up to $2,500 each year at 
eligible private institutions of higher education: Provided further, 
That the awarding of such funds may be prioritized on the basis of a 
resident's academic merit, the income and need of eligible students and 
such other factors as may be authorized: Provided further, That the 
District of Columbia government shall maintain a dedicated account for 
the Resident Tuition Support Program that shall consist of the Federal 
funds appropriated to the Program in this Act and any subsequent 
appropriations, any unobligated balances from prior fiscal years, and 
any interest earned in this or any fiscal year: Provided further, That 
the account shall be under the control of the District of Columbia Chief 
Financial Officer, who shall use those funds solely for the purposes of 
carrying out the Resident Tuition Support 
Program: <<NOTE: Reports.>> Provided further, That the Office of the 
Chief Financial Officer shall provide a quarterly financial report to 
the Committees on Appropriations of the House of Representatives and 
Senate for these funds showing, by object class, the expenditures made 
and the purpose therefor: Provided further, That not more than 
$1,200,000 of the total amount appropriated for this program may be used 
for administrative expenses.


    federal payment for emergency planning and security costs in the 
                          district of columbia


    For necessary expenses, as determined by the Mayor of the District 
of Columbia in written consultation with the elected county or city 
officials of surrounding jurisdictions, $13,500,000, to remain available 
until expended, to reimburse the District of Columbia for the costs of 
providing public safety at events related to the presence of the 
national capital in the District of Columbia and for the costs of 
providing support to respond to immediate and specific terrorist threats 
or attacks in the District of Columbia or surrounding jurisdictions: 
Provided, That any amount provided under this heading shall be available 
only after such amount has been apportioned pursuant to chapter 15 of 
title 31, United States Code.

[[Page 119 STAT. 2509]]

           federal payment to the district of columbia courts


    For salaries and expenses for the District of Columbia Courts, 
$218,912,000, to be allocated as follows: for the District of Columbia 
Court of Appeals, $9,198,000, of which not to exceed $1,500 is for 
official reception and representation expenses; for the District of 
Columbia Superior Court, $87,342,000, of which not to exceed $1,500 is 
for official reception and representation expenses; for the District of 
Columbia Court System, $41,643,000, of which not to exceed $1,500 is for 
official reception and representation expenses; and $80,729,000, to 
remain available until September 30, 2007, for capital improvements for 
District of Columbia courthouse facilities: Provided, That 
notwithstanding any other provision of law, a single contract or related 
contracts for development and construction of facilities may be employed 
which collectively include the full scope of the project: Provided 
further, That the solicitation and contract shall contain the clause 
``availability of Funds'' found at 48 CFR 52.232-18: Provided further, 
That funds made available for capital improvements shall be expended 
consistent with the General Services Administration master plan study 
and building evaluation report: <<NOTE: Contracts. Reports.>> Provided 
further, That notwithstanding any other provision of law, all amounts 
under this heading shall be apportioned quarterly by the Office of 
Management and Budget and obligated and expended in the same manner as 
funds appropriated for salaries and expenses of other Federal agencies, 
with payroll and financial services to be provided on a contractual 
basis with the General Services Administration (GSA), and such services 
shall include the preparation of monthly financial reports, copies of 
which shall be submitted directly by GSA to the President and to the 
Committees on Appropriations of the House of Representatives and Senate, 
the Committee on Government Reform of the House of Representatives, and 
the Committee on Governmental Affairs of the 
Senate: <<NOTE: Deadline. Notification.>> Provided further, That 30 days 
after providing written notice to the Committees on Appropriations of 
the House of Representatives and Senate, the District of Columbia Courts 
may reallocate not more than $1,000,000 of the funds provided under this 
heading among the items and entities funded under this heading for 
operations, and not more than 4 percent of the funds provided under this 
heading for facilities.


            defender services in district of columbia courts


    For payments authorized under section 11-2604 and section 11-2605, 
D.C. Official Code (relating to representation provided under the 
District of Columbia Criminal Justice Act), payments for counsel 
appointed in proceedings in the Family Court of the Superior Court of 
the District of Columbia under chapter 23 of title 16, D.C. Official 
Code, or pursuant to contractual agreements to provide guardian ad litem 
representation, training, technical assistance and such other services 
as are necessary to improve the quality of guardian ad litem 
representation, payments for counsel appointed in adoption proceedings 
under chapter 3 of title 16, D.C. Code, and payments for counsel 
authorized under section 21-2060, D.C. Official Code (relating to 
representation provided under the District of Columbia Guardianship, 
Protective Proceedings, and Durable Power of Attorney Act of 1986), 
$44,000,000, to remain available until expended: Provided, That the 
funds provided in this Act under the heading ``Federal Payment to the

[[Page 119 STAT. 2510]]

District of Columbia Courts'' (other than the $80,729,000 provided under 
such heading for capital improvements for District of Columbia 
courthouse facilities) may also be used for payments under this heading: 
Provided further, That in addition to the funds provided under this 
heading, the Joint Committee on Judicial Administration in the District 
of Columbia may use funds provided in this Act under the heading 
``Federal Payment to the District of Columbia Courts'' (other than the 
$80,729,000 provided under such heading for capital improvements for 
District of Columbia courthouse facilities), to make payments described 
under this heading for obligations incurred during any fiscal year: 
Provided further, That funds provided under this heading shall be 
administered by the Joint Committee on Judicial Administration in the 
District of Columbia: <<NOTE: Contracts. Reports.>> Provided further, 
That notwithstanding any other provision of law, this appropriation 
shall be apportioned quarterly by the Office of Management and Budget 
and obligated and expended in the same manner as funds appropriated for 
expenses of other Federal agencies, with payroll and financial services 
to be provided on a contractual basis with the General Services 
Administration (GSA), and such services shall include the preparation of 
monthly financial reports, copies of which shall be submitted directly 
by GSA to the President and to the Committees on Appropriations of the 
House of Representatives and Senate, the Committee on Government Reform 
of the House of Representatives, and the Committee on Governmental 
Affairs of the Senate.


 federal payment to the court services and offender supervision agency 
                      for the district of columbia


                      (including transfer of funds)


    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia and the Public Defender Service for the District of 
Columbia, as authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $201,388,000, of which not to exceed 
$2,000 is for official receptions and representation expenses related to 
Community Supervision and Pretrial Services Agency programs; of which 
not to exceed $25,000 is for dues and assessments relating to the 
implementation of the Court Services and Offender Supervision Agency 
Interstate Supervision Act of 2002; of which $129,360,000 shall be for 
necessary expenses of Community Supervision and Sex Offender 
Registration, to include expenses relating to the supervision of adults 
subject to protection orders or the provision of services for or related 
to such persons; of which $42,195,000 shall be available to the Pretrial 
Services Agency; and of which $29,833,000 shall be transferred to the 
Public Defender Service for the District of Columbia: Provided, That 
notwithstanding any other provision of law, all amounts under this 
heading shall be apportioned quarterly by the Office of Management and 
Budget and obligated and expended in the same manner as funds 
appropriated for salaries and expenses of other Federal agencies: 
Provided further, That the Director is authorized to accept and use 
gifts in the form of in-kind contributions of space and hospitality to 
support offender and defendant programs, and equipment and vocational 
training services to educate and train offenders and defendants: 
Provided further, <<NOTE: Records. Public information.>> That 


[[Page 119 STAT. 2511]]

the Director shall keep accurate and detailed records of the acceptance 
and use of any gift or donation under the previous proviso, and shall 
make such records available for audit and public inspection: Provided 
further, That the Court Services and Offender Supervision Agency 
Director is authorized to accept and use reimbursement from the D.C. 
Government for space and services provided on a cost reimbursable basis: 
Provided further, That for this fiscal year and subsequent fiscal years, 
the Public Defender Service is authorized to charge fees to cover costs 
of materials distributed and training provided to attendees of 
educational events, including conferences, sponsored by the Public 
Defender Service, and notwithstanding section 3302 of title 31, United 
States Code, said fees shall be credited to the Public Defender Service 
account to be available for use without further appropriation.


  federal payment to the district of columbia water and sewer authority


    For a Federal payment to the District of Columbia Water and Sewer 
Authority, $7,000,000, to remain available until expended, to continue 
implementation of the Combined Sewer Overflow Long-Term Plan: Provided, 
That the District of Columbia Water and Sewer Authority provides a 100 
percent match for this payment.


         federal payment for the anacostia waterfront initiative


    For a Federal payment to the District of Columbia Department of 
Transportation, $3,000,000, to remain available until September 30, 
2007, for design and construction of a continuous pedestrian and bicycle 
trail system from the Potomac River to the District's border with 
Maryland.


      federal payment to the criminal justice coordinating council


    For a Federal payment to the Criminal Justice Coordinating Council, 
$1,300,000, to remain available until expended, to support initiatives 
related to the coordination of Federal and local criminal justice 
resources in the District of Columbia.


              federal payment for transportation assistance


    For a Federal payment to the District of Columbia Department of 
Transportation, $1,000,000, to operate a downtown circulator transit 
system.


federal payment for foster care improvements in the district of columbia


    For the Federal payment to the District of Columbia for foster care 
improvements, $2,000,000 to remain available until expended: Provided, 
That $1,750,000 shall be for the Child and Family Services Agency, of 
which $1,000,000 shall be for a loan repayment program for social 
workers; of which $750,000 shall be for post-adoption services: Provided 
further, That $250,000 shall be for the Washington Metropolitan Council 
of Governments, to continue a program in conjunction with the Foster and 
Adoptive Parents Advocacy Center, to provide respite care for and 
recruitment of foster parents: Provided further, That these Federal 
funds shall

[[Page 119 STAT. 2512]]

supplement and not supplant local funds for the purposes described under 
this heading.


  federal payment to the office of the chief financial officer of the 
                          district of columbia


    For a Federal payment to the Office of the Chief Financial Officer 
of the District of Columbia, $29,200,000: Provided, That these funds 
shall be available for the projects and in the amounts specified in the 
Statement of the Managers on the conference report accompanying this 
Act: <<NOTE: Reports. Deadlines.>> Provided further, That each entity 
that receives funding under this heading shall submit to the Office of 
the Chief Financial Officer of the District of Columbia (CFO) a report 
on the activities to be carried out with such funds no later than March 
15, 2006, and the CFO shall submit a comprehensive report to the 
Committees on Appropriations of the House of Representatives and the 
Senate no later than June 1, 2006.


                 federal payment for school improvement


    For a Federal payment for a school improvement program in the 
District of Columbia, $40,000,000, to be allocated as follows: for the 
District of Columbia Public Schools, $13,000,000 to improve public 
school education in the District of Columbia; for the State Education 
Office, $13,000,000 to expand quality public charter schools in the 
District of Columbia, to remain available until September 30, 2007; for 
the Secretary of the Department of Education, $14,000,000 to provide 
opportunity scholarships for students in the District of Columbia in 
accordance with division C, title III of the District of Columbia 
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), of which 
up to $1,000,000 may be used to administer and fund assessments.


        federal payment for bioterrorism and forensics laboratory


    For a Federal payment to the District of Columbia, $5,000,000, to 
remain available until September 30, 2007, for costs associated with the 
construction of a bioterrorism and forensics laboratory: Provided, That 
the District of Columbia shall provide an additional $1,500,000 with 
local funds as a condition of receiving this payment.


     federal payment for the national guard youth challenge program


    For a Federal payment for the District of Columbia National Guard 
Youth Challenge program, $500,000: Provided, That the amount 
appropriated by this heading shall be transferred to the Secretary of 
Defense and made available to the Commanding General of the District of 
Columbia National Guard for activities under the National Guard Youth 
Challenge Program under section 509 of title 32, United States Code, and 
shall be in addition to any matching funds otherwise required of the 
District of Columbia for that Program in fiscal year 2006 under 
subsection (d)(4) of such section.


        federal payment for marriage development and improvement


    For a Federal payment for marriage development and improvement in 
the District of Columbia, $3,000,000, to remain available

[[Page 119 STAT. 2513]]

until expended: Provided, That $1,500,000 shall be for the Capital Area 
Asset Building Corporation for the establishment of marriage development 
accounts in accordance with the requirements in the accompanying report, 
of which $400,000 shall be for program planning, marketing, evaluation, 
and account administration: Provided further, That $1,500,000 shall be 
for mentoring, counseling, community outreach, and training and 
technical assistance, of which $850,000 shall be for the National Center 
for Fathering and $650,000 shall be for the East Capitol Center for 
Change to carry out these 
activities: <<NOTE: Deadline. Reports.>> Provided further, That within 
30 days of enactment of this Act, the entities receiving funds under 
this title shall submit to the Committees on Appropriations of the House 
and Senate, a detailed expenditure plan and program requirements that 
comport with the guidance in the accompanying report.

                       District of Columbia Funds

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the general fund of the District of 
Columbia, except as otherwise specifically provided: Provided, That 
notwithstanding any other provision of law, except as provided in 
section 450A of the District of Columbia Home Rule Act (D.C. Official 
Code, section 1-204.50a) and provisions of this Act, the total amount 
appropriated in this Act for operating expenses for the District of 
Columbia for fiscal year 2006 under this heading shall not exceed the 
lesser of the sum of the total revenues of the District of Columbia for 
such fiscal year or $8,700,158,000 (of which $5,007,344,000 shall be 
from local funds, $1,921,287,000 shall be from Federal grant funds, 
$1,754,399,000 shall be from other funds, and $17,129,000 shall be from 
private funds), in addition, $163,116,000 from funds previously 
appropriated in this Act as Federal payments: Provided further, That of 
the local funds, $466,894,000 shall be derived from the District's 
general fund balance: Provided further, That of these funds the 
District's intradistrict authority shall be $468,486,000: in addition 
for capital construction projects there is appropriated an increase of 
$2,820,637,000, of which $1,072,671,000 shall be from local funds, 
$49,551,000 from Highway Trust funds, $172,183,000 from the Local Street 
Maintenance fund, $378,000,000 from securitization of future revenue 
streams, $400,000,000 from Certificates of Participation financing, 
$534,800,000 from financing for construction of a baseball stadium, 
$213,432,000 from Federal grant funds, and a rescission of $295,032,000 
from local funds appropriated under this heading in prior fiscal years, 
for a net amount of $2,525,605,000, to remain available until expended: 
Provided further, That the amounts provided under this heading are to be 
allocated and expended as proposed under ``Title II--District of 
Columbia Funds'' of the Fiscal Year 2006 Proposed Budget and Financial 
Plan submitted to the Congress of the United States by the District of 
Columbia on June 6, 2005: Provided further,  That this amount may be 
increased by proceeds of one-time transactions, which are expended for 
emergency or unanticipated operating or capital needs: Provided further, 
That such increases shall be approved by enactment of local District law 
and shall comply with all reserve requirements contained in the District 
of Columbia Home Rule Act as amended by this Act: Provided further, That 
the Chief Financial Officer of the District of Columbia shall take such 
steps as are necessary to assure that

[[Page 119 STAT. 2514]]

the District of Columbia meets these requirements, including the 
apportioning by the Chief Financial Officer of the appropriations and 
funds made available to the District during fiscal year 2006, except 
that the Chief Financial Officer may not reprogram for operating 
expenses any funds derived from bonds, notes, or other obligations 
issued for capital projects.

                           General Provisions

    Sec. 101. Whenever in this Act, an amount is specified within an 
appropriation for particular purposes or objects of expenditure, such 
amount, unless otherwise specified, shall be considered as the maximum 
amount that may be expended for said purpose or object rather than an 
amount set apart exclusively therefor.
    Sec. 102. Appropriations in this Act shall be available for expenses 
of travel and for the payment of dues of organizations concerned with 
the work of the District of Columbia government, when authorized by the 
Mayor, or, in the case of the Council of the District of Columbia, funds 
may be expended with the authorization of the Chairman of the Council.
    Sec. 103. There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have been 
entered against the District of Columbia government.
    Sec. 104. (a) Except as provided in subsection (b), no part of this 
appropriation shall be used for publicity or propaganda purposes or 
implementation of any policy including boycott designed to support or 
defeat legislation pending before Congress or any State legislature.
    (b) The District of Columbia may use local funds provided in this 
title to carry out lobbying activities on any matter other than--
            (1) the promotion or support of any boycott; or
            (2) <<NOTE: Statehood.>> statehood for the District of 
        Columbia or voting representation in Congress for the District 
        of Columbia.

    (c) Nothing in this section may be construed to prohibit any elected 
official from advocating with respect to any of the issues referred to 
in subsection (b).
    Sec. 105. (a) None of the funds provided under this title to the 
agencies funded by this title, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2006, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this title, shall be available for obligation or expenditures 
for an agency through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) reestablishes any program or project previously deferred 
        through reprogramming;

[[Page 119 STAT. 2515]]

            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in excess 
        of $3,000,000 or 10 percent, whichever is less; or
            (7) <<NOTE: Notification. Deadline.>> increases by 20 
        percent or more personnel assigned to a specific program, 
        project or responsibility center,

unless the Committees on Appropriations of the House of Representatives 
and Senate are notified in writing 15 days in advance of the 
reprogramming.
    (b) None the local funds contained in this Act may be available for 
obligation or expenditure for an agency through a transfer of any local 
funds in excess of $3,000,000 from one appropriation heading to another 
unless the Committees on Appropriations of the House of Representatives 
and Senate are notified in writing 15 days in advance of the transfer, 
except that in no event may the amount of any funds transferred exceed 4 
percent of the local funds in the appropriations.
    Sec. 106. <<NOTE: Applicability.>> Consistent with the provisions of 
section 1301(a) of title 31, United States Code, appropriations under 
this Act shall be applied only to the objects for which the 
appropriations were made except as otherwise provided by law.

    Sec. 107. <<NOTE: Applicability.>> Notwithstanding any other 
provisions of law, the provisions of the District of Columbia Government 
Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; D.C. Official 
Code, section 1-601.01 et seq.), enacted pursuant to section 422(3) of 
the District of Columbia Home Rule Act (D.C. Official Code, section 1-
204l.22(3)), shall apply with respect to the compensation of District of 
Columbia employees. For pay purposes, employees of the District of 
Columbia government shall not be subject to the provisions of title 5, 
United States Code.

    Sec. 108. <<NOTE: Deadline. Estimates.>> No later than 30 days after 
the end of the first quarter of fiscal year 2006, the Mayor of the 
District of Columbia shall submit to the Council of the District of 
Columbia and the Committees on Appropriations of the House of 
Representatives and Senate the new fiscal year 2006 revenue estimates as 
of the end of such quarter. These estimates shall be used in the budget 
request for fiscal year 2007. The officially revised estimates at 
midyear shall be used for the midyear report.

    Sec. 109. <<NOTE: Contracts. Certification.>> No sole source 
contract with the District of Columbia government or any agency thereof 
may be renewed or extended without opening that contract to the 
competitive bidding process as set forth in section 303 of the District 
of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; D.C. 
Official Code, section 2-303.03), except that the District of Columbia 
government or any agency thereof may renew or extend sole source 
contracts for which competition is not feasible or practical, but only 
if the determination as to whether to invoke the competitive bidding 
process has been made in accordance with duly promulgated rules and 
procedures and has been reviewed and certified by the Chief Financial 
Officer of the District of Columbia.

    Sec. 110. None of the Federal funds provided in this Act may be used 
by the District of Columbia to provide for salaries, expenses, or other 
costs associated with the offices of United States Senator or United 
States Representative under section 4(d) of the District of Columbia 
Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; 
D.C. Official Code, section 1-123).
    Sec. 111. None of the Federal funds made available in this Act may 
be used to implement or enforce the Health Care Benefits

[[Page 119 STAT. 2516]]

Expansion Act of 1992 (D.C. Law 9-114; D.C. Official Code, section 32-
701 et seq.) or to otherwise implement or enforce any system of 
registration of unmarried, cohabiting couples, including but not limited 
to registration for the purpose of extending employment, health, or 
governmental benefits to such couples on the same basis that such 
benefits are extended to legally married couples.
    Sec. 112. (a) Notwithstanding any other provision of this Act, the 
Mayor, in consultation with the Chief Financial Officer of the District 
of Columbia may accept, obligate, and expend Federal, private, and other 
grants received by the District government that are not reflected in the 
amounts appropriated in this Act.
    (b)(1) No such Federal, private, or other grant may be obligated, or 
expended pursuant to subsection (a) until--
            (A) <<NOTE: Reports.>> the Chief Financial Officer of the 
        District of Columbia submits to the Council a report setting 
        forth detailed information regarding such grant; and
            (B) the Council has reviewed and approved the obligation, 
        and expenditure of such grant.

    (2) <<NOTE: Notices. Deadlines.>> For purposes of paragraph (1)(B), 
the Council shall be deemed to have reviewed and approved the 
obligation, and expenditure of a grant if--
            (A) no written notice of disapproval is filed with the 
        Secretary of the Council within 14 calendar days of the receipt 
        of the report from the Chief Financial Officer under paragraph 
        (1)(A); or
            (B) if such a notice of disapproval is filed within such 
        deadline, the Council does not by resolution disapprove the 
        obligation, or expenditure of the grant within 30 calendar days 
        of the initial receipt of the report from the Chief Financial 
        Officer under paragraph (1)(A).

    (c) No amount may be obligated or expended from the general fund or 
other funds of the District of Columbia government in anticipation of 
the approval or receipt of a grant under subsection (b)(2) or in 
anticipation of the approval or receipt of a Federal, private, or other 
grant not subject to such subsection.
    (d) The Chief Financial Officer of the District of Columbia may 
adjust the budget for Federal, private, and other grants received by the 
District government reflected in the amounts appropriated in this title, 
or approved and received under subsection (b)(2) to reflect a change in 
the actual amount of the grant.
    (e) <<NOTE: Reports.>> The Chief Financial Officer of the District 
of Columbia shall prepare a quarterly report setting forth detailed 
information regarding all Federal, private, and other grants subject to 
this section. <<NOTE: Deadline.>> Each such report shall be submitted to 
the Council of the District of Columbia and to the Committees on 
Appropriations of the House of Representatives and Senate not later than 
15 days after the end of the quarter covered by the report.

    Sec. 113. (a) Except as otherwise provided in this section, none of 
the funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only in 
the performance of the officer's or employee's official duties. For 
purposes of this paragraph, the term ``official duties'' does not 
include travel between the officer's or employee's residence and 
workplace, except in the case of--

[[Page 119 STAT. 2517]]

            (1) an officer or employee of the Metropolitan Police 
        Department who resides in the District of Columbia or is 
        otherwise designated by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services Department who resides in the District of Columbia and 
        is on call 24 hours a day or is otherwise designated by the Fire 
        Chief;
            (3) the Mayor of the District of Columbia; and
            (4) the Chairman of the Council of the District of Columbia.

    (b) <<NOTE: Deadline. Records.>> The Chief Financial Officer of the 
District of Columbia shall submit by March 1, 2006, an inventory, as of 
September 30, 2005, of all vehicles owned, leased or operated by the 
District of Columbia government. The inventory shall include, but not be 
limited to, the department to which the vehicle is assigned; the year 
and make of the vehicle; the acquisition date and cost; the general 
condition of the vehicle; annual operating and maintenance costs; 
current mileage; and whether the vehicle is allowed to be taken home by 
a District officer or employee and if so, the officer or employee's 
title and resident location.

    Sec. 114. <<NOTE: Audits.>> None of the funds contained in this Act 
may be used for purposes of the annual independent audit of the District 
of Columbia government for fiscal year 2006 unless--
            (1) the audit is conducted by the Inspector General of the 
        District of Columbia, in coordination with the Chief Financial 
        Officer of the District of Columbia, pursuant to section 
        208(a)(4) of the District of Columbia Procurement Practices Act 
        of 1985 (D.C. Official Code, section 2-302.8); and
            (2) the audit includes as a basic financial statement a 
        comparison of audited actual year-end results with the revenues 
        submitted in the budget document for such year and the 
        appropriations enacted into law for such year using the format, 
        terminology, and classifications contained in the law making the 
        appropriations for the year and its legislative history.

    Sec. 115. <<NOTE: Voting rights.>> (a) None of the funds contained 
in this Act may be used by the District of Columbia Corporation Counsel 
or any other officer or entity of the District government to provide 
assistance for any petition drive or civil action which seeks to require 
Congress to provide for voting representation in Congress for the 
District of Columbia.

    (b) Nothing in this section bars the District of Columbia 
Corporation Counsel from reviewing or commenting on briefs in private 
lawsuits, or from consulting with officials of the District government 
regarding such lawsuits.
    Sec. 116. <<NOTE: Hypodermic needle exchange.>> (a) None of the 
funds contained in this Act may be used for any program of distributing 
sterile needles or syringes for the hypodermic injection of any illegal 
drug.

    (b) Any individual or entity who receives any funds contained in 
this Act and who carries out any program described in subsection (a) 
shall account for all funds used for such program separately from any 
funds contained in this Act.
    Sec. 117. <<NOTE: Expiration date.>> None of the funds contained in 
this Act may be used after the expiration of the 60-day period that 
begins on the date of the enactment of this Act to pay the salary of any 
chief financial officer of any office of the District of Columbia 
government (including any independent agency of the District of 
Columbia) who has not filed a certification with the Mayor and the Chief

[[Page 119 STAT. 2518]]

Financial Officer of the District of Columbia that the officer 
understands the duties and restrictions applicable to the officer and 
the officer's agency as a result of this Act (and the amendments made by 
this Act), including any duty to prepare a report requested either in 
the Act or in any of the reports accompanying the Act and the deadline 
by which each report must be 
submitted: <<NOTE: Deadlines. Records.>> Provided, That the Chief 
Financial Officer of the District of Columbia shall provide to the 
Committees on Appropriations of the House of Representatives and Senate 
by April 1, 2006 and October 1, 2006, a summary list showing each 
report, the due date, and the date submitted to the Committees.

    Sec. 118. <<NOTE: Contraceptives.>> Nothing in this Act may be 
construed to prevent the Council or Mayor of the District of Columbia 
from addressing the issue of the provision of contraceptive coverage by 
health insurance plans, but it is the intent of Congress that any 
legislation enacted on such issue should include a ``conscience clause'' 
which provides exceptions for religious beliefs and moral convictions.

    Sec. 119. <<NOTE: Reports.>> The Mayor of the District of Columbia 
shall submit to the Committees on Appropriations of the House of 
Representatives and Senate, the Committee on Government Reform of the 
House of Representatives, and the Committee on Governmental Affairs of 
the Senate quarterly reports addressing--
            (1) crime, including the homicide rate, implementation of 
        community policing, the number of police officers on local 
        beats, and the closing down of open-air drug markets;
            (2) access to substance and alcohol abuse treatment, 
        including the number of treatment slots, the number of people 
        served, the number of people on waiting lists, and the 
        effectiveness of treatment programs;
            (3) management of parolees and pre-trial violent offenders, 
        including the number of halfway houses escapes and steps taken 
        to improve monitoring and supervision of halfway house residents 
        to reduce the number of escapes to be provided in consultation 
        with the Court Services and Offender Supervision Agency for the 
        District of Columbia;
            (4) education, including access to special education 
        services and student achievement to be provided in consultation 
        with the District of Columbia Public Schools and the District of 
        Columbia public charter schools;
            (5) improvement in basic District services, including rat 
        control and abatement;
            (6) application for and management of Federal grants, 
        including the number and type of grants for which the District 
        was eligible but failed to apply and the number and type of 
        grants awarded to the District but for which the District failed 
        to spend the amounts received; and
            (7) indicators of child well-being.

    Sec. 120. <<NOTE: Deadline.>> (a) No later than 30 calendar days 
after the date of the enactment of this Act, the Chief Financial Officer 
of the District of Columbia shall submit to the appropriate committees 
of Congress, the Mayor, and the Council of the District of Columbia a 
revised appropriated funds operating budget in the format of the budget 
that the District of Columbia government submitted pursuant to section 
442 of the District of Columbia Home Rule Act (D.C. Official Code, 
section 1-204.42), for all agencies of the District of Columbia 
government for fiscal year 2006 that is in the total amount of the 
approved appropriation and that realigns

[[Page 119 STAT. 2519]]

all budgeted data for personal services and other-than-personal-
services, respectively, with anticipated actual expenditures.

    (b) <<NOTE: Applicability. Certification.>> This section shall apply 
only to an agency where the Chief Financial Officer of the District of 
Columbia certifies that a reallocation is required to address 
unanticipated changes in program requirements.

    Sec. 121. Notwithstanding any other law, in fiscal year 2006 and in 
each subsequent fiscal year, the District of Columbia Courts shall 
transfer to the general treasury of the District of Columbia all fines 
levied and collected by the Courts under section 10(b)(1) and (2) of the 
District of Columbia Traffic Act (D.C. Official Code, section 50-
2201.05(b)(1) and (2)): Provided, that the transferred funds are hereby 
made available and shall remain available until expended and shall be 
used by the Office of the Attorney General of the District of Columbia 
for enforcement and prosecution of District traffic alcohol laws in 
accordance with section 10(b)(3) of the District of Columbia Traffic Act 
(D.C. Official Code, section 50-2201.05(b)(3)).
    Sec. 122. (a) None of the funds contained in this Act may be made 
available to pay--
            (1) the fees of an attorney who represents a party in an 
        action or an attorney who defends an action brought against the 
        District of Columbia Public Schools under the Individuals with 
        Disabilities Education Act (20 U.S.C. 1400 et seq.) in excess of 
        $4,000 for that action; or
            (2) the fees of an attorney or firm whom the Chief Financial 
        Officer of the District of Columbia determines to have a 
        pecuniary interest, either through an attorney, officer, or 
        employee of the firm, in any special education diagnostic 
        services, schools, or other special education service providers.

    (b) In this section, the term ``action'' includes an administrative 
proceeding and any ensuing or related proceedings before a court of 
competent jurisdiction.
    Sec. 123. <<NOTE: Certification.>> The Chief Financial Officer of 
the District of Columbia shall require attorneys in special education 
cases brought under the Individuals with Disabilities Education Act 
(IDEA) in the District of Columbia to certify in writing that the 
attorney or representative rendered any and all services for which they 
receive awards, including those received under a settlement agreement or 
as part of an administrative proceeding, under the IDEA from the 
District of Columbia. As part of the certification, the Chief Financial 
Officer of the District of Columbia shall require all attorneys in IDEA 
cases to disclose any financial, corporate, legal, memberships on boards 
of directors, or other relationships with any special education 
diagnostic services, schools, or other special education service 
providers to which the attorneys have referred any clients as part of 
this certification. <<NOTE: Reports.>> The Chief Financial Officer shall 
prepare and submit quarterly reports to the Committees on Appropriations 
of the House of Representatives and Senate on the certification of and 
the amount paid by the government of the District of Columbia, including 
the District of Columbia Public Schools, to attorneys in cases brought 
under IDEA. The Inspector General of the District of Columbia may 
conduct investigations to determine the accuracy of the certifications.

    Sec. 124. The amount appropriated by this Act may be increased by no 
more than $42,000,000 from funds identified in the comprehensive annual 
financial report as the District's fiscal

[[Page 119 STAT. 2520]]

year 2005 unexpended general fund surplus. The District may obligate and 
expend these amounts only in accordance with the following conditions:
            (1) <<NOTE: Certification.>> The Chief Financial Officer of 
        the District of Columbia shall certify that the use of any such 
        amounts is not anticipated to have a negative impact on the 
        District's long-term financial, fiscal, and economic vitality.
            (2) The District of Columbia may only use these funds for 
        the following expenditures:
                    (A) One-time expenditures.
                    (B) Expenditures to avoid deficit spending.
                    (C) Debt Reduction.
                    (D) Program needs.
                    (E) Expenditures to avoid revenue shortfalls.
            (3) The amounts shall be obligated and expended in 
        accordance with laws enacted by the Council in support of each 
        such obligation or expenditure.
            (4) The amounts may not be used to fund the agencies of the 
        District of Columbia government under court ordered 
        receivership.
            (5) <<NOTE: Notification. Deadline.>> The amounts may not be 
        obligated or expended unless the Mayor notifies the Committees 
        on Appropriations of the House of Representatives and Senate not 
        fewer than 30 days in advance of the obligation or expenditure.

    Sec. 125. (a) The fourth proviso in the item relating to ``Federal 
Payment for School Improvement'' in the District of Columbia 
Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1327) is 
amended--
            (1) by striking ``$4,000,000'' and inserting ``$4,000,000, 
        to remain available until expended,''; and
            (2) by striking ``$2,000,000 shall be for a new incentive 
        fund'' and inserting ``$2,000,000, to remain available until 
        expended, shall be for a new incentive fund''.

    (b) <<NOTE: Effective date.>> The amendments made by subsection (a) 
shall take effect as if included in the enactment of the District of 
Columbia Appropriations Act, 2005.

    Sec. 126. (a) To account for an unanticipated growth of revenue 
collections, the amount appropriated as District of Columbia Funds 
pursuant to this Act may be increased--
            (1) by an aggregate amount of not more than 25 percent, in 
        the case of amounts proposed to be allocated as ``Other-Type 
        Funds'' in the Fiscal Year 2006 Proposed Budget and Financial 
        Plan submitted to Congress by the District of Columbia on June 
        6, 2005; and
            (2) by an aggregate amount of not more than 6 percent, in 
        the case of any other amounts proposed to be allocated in such 
        Proposed Budget and Financial Plan.

    (b) The District of Columbia may obligate and expend any increase in 
the amount of funds authorized under this section only in accordance 
with the following conditions:
            (1) <<NOTE: Certification.>> The Chief Financial Officer of 
        the District of Columbia shall certify--
                    (A) the increase in revenue; and
                    (B) that the use of the amounts is not anticipated 
                to have a negative impact on the long-term financial, 
                fiscal, or economic health of the District.

[[Page 119 STAT. 2521]]

            (2) The amounts shall be obligated and expended in 
        accordance with laws enacted by the Council of the District of 
        Columbia in support of each such obligation and expenditure, 
        consistent with the requirements of this Act.
            (3) The amounts may not be used to fund any agencies of the 
        District government operating under court-ordered receivership.
            (4) <<NOTE: Notification. Deadline.>> The amounts may not be 
        obligated or expended unless the Mayor has notified the 
        Committees on Appropriations of the House of Representatives and 
        Senate not fewer than 30 days in advance of the obligation or 
        expenditure.

    Sec. 127. The Chief Financial Officer for the District of Columbia 
may, for the purpose of cash flow management, conduct short-term 
borrowing from the emergency reserve fund and from the contingency 
reserve fund established under section 450A of the District of Columbia 
Home Rule Act (Public Law 98-198): Provided, That the amount borrowed 
shall not exceed 50 percent of the total amount of funds contained in 
both the emergency and contingency reserve funds at the time of 
borrowing: Provided further, That the borrowing shall not deplete either 
fund by more than 50 percent: Provided further, That 100 percent of the 
funds borrowed shall be replenished within 9 months of the time of the 
borrowing or by the end of the fiscal year, whichever occurs earlier: 
Provided further, That in the event that short-term borrowing has been 
conducted and the emergency or the contingency funds are later depleted 
below 50 percent as a result of an emergency or contingency, an amount 
equal to the amount necessary to restore reserve levels to 50 percent of 
the total amount of funds contained in both the emergency and 
contingency reserve fund must be replenished from the amount borrowed 
within 60 days.
    Sec. 128. <<NOTE: Drugs and drug abuse.>> (a) None of the funds 
contained in this Act may be used to enact or carry out any law, rule, 
or regulation to legalize or otherwise reduce penalties associated with 
the possession, use, or distribution of any schedule I substance under 
the Controlled Substances Act (21 U.S.C. 802) or any 
tetrahydrocannabinols derivative.

    (b) <<NOTE: Marijuana.>> The Legalization of Marijuana for Medical 
Treatment Initiative of 1998, also known as Initiative 59, approved by 
the electors of the District of Columbia on November 3, 1998, shall not 
take effect.

    Sec. 129. <<NOTE: Abortions.>> None of the funds appropriated under 
this Act shall be expended for any abortion except where the life of the 
mother would be endangered if the fetus were carried to term or where 
the pregnancy is the result of an act of rape or incest.

    Sec. 130. Section 7 of the District of Columbia Stadium Act of 1957 
(Public Law 85-300, 71 Stat. 619), as amended, is further amended by 
inserting after paragraph (d)(4) the following:
    ``(e)(1) Upon receipt of a written description from the District of 
Columbia of not more than 15 contiguous acres (hereinafter referred to 
as `the 15 acres'), within the area designated `D' on the revised map 
entitled `Map to Designate Transfer of Stadium and Lease of Parking Lots 
to the District' and bound by 21st Street, NE, Oklahoma Avenue, NE, 
Benning Road, NE, the Metro line, and C Street, NE, and execution of a 
long-term lease by the Mayor of the District of Columbia that is 
contingent upon the Secretary's conveyance of the 15 acres and for the 
purpose consistent with this paragraph, the Secretary shall convey the 
15

[[Page 119 STAT. 2522]]

acres described land to the District of Columbia for the purpose of 
siting, developing, and operating an educational institution for the 
public welfare, with first preference given to a pre-collegiate public 
boarding school.
    ``(2) Upon conveyance, the portion of the stadium lease that affects 
the 15 acres on the property and all the conditions associated therewith 
shall terminate, and the 15 acres property shall be removed from the 
`Map to Designate Transfer of Stadium and Lease of Parking Lots to the 
District', and the long-term lease described in paragraph (1) shall take 
effect immediately. The Mayor of the District of Columbia shall execute 
and deliver a quitclaim deed to effectuate the District's 
responsibilities under this section.''.
    Sec. 131. <<NOTE: Termination date.>> The authority that the Chief 
Financial Officer of the District of Columbia exercised with respect to 
personnel and the preparation of fiscal impact statements during a 
control period (as defined in Public Law 104-8) shall remain in effect 
until September 30, 2006.

    Sec. 132. <<NOTE: Contracts.>> The entire process used by the Chief 
Financial Officer to acquire any and all kinds of goods, works and 
services by any contractual means, including but not limited to 
purchase, lease or rental, shall be exempt from all of the provisions of 
the District of Columbia's Procurement Practices Act: <<NOTE: Effective 
date. Termination date.>> Provided, That provisions made by this 
subsection shall take effect as if enacted in D.C. Law 11-259 and shall 
remain in effect until September 30, 2006.

    Sec. 133. <<NOTE: Enactment.>> Section 4013 of the Uniform Per 
Student Funding Formula for Public Schools and Public Charter Schools 
Amendment Act of 2005, passed on first reading on May 10, 2005 
(engrossed version of Bill 16-200), is hereby enacted into law.

    Sec. 134. The Chief Financial Officer of the District is hereby 
authorized to transfer $5,000,000 from the local funds appropriated for 
the Deputy Mayor for Economic Development to the Anacostia Waterfront 
Corporation and to reallocate the appropriation authority for such funds 
to a heading to be entitled ``Anacostia Waterfront Corporation'' in 
addition, an amount of $3,200,000 is hereby appropriated from the local 
funds made available to the Anacostia Waterfront Corporation in fiscal 
year 2005. Provided, That all of the funds made available herein to the 
Anacostia Waterfront Corporation shall remain available until expended.
    Sec. 135. Amounts appropriated in the Act for the Department of 
Health may be increased by $250,000 in local funds to remain available 
until expended to conduct a health study in Spring Valley.
    Sec. 136. <<NOTE: Effective date.>> Notwithstanding section 
602(c)(1) of the District of Columbia Home Rule Act, amendments to the 
Ballpark Technical Amendments Act of 2005 and the Ballpark Fee Rebate 
Act of 2005 shall take effect on the date of the enactment by the 
District of Columbia.

    Sec. 137. Except as expressly provided otherwise, any reference to 
``this Act'' contained in this division shall be treated as referring 
only to the provisions of this division.
    This division may be cited as the ``District of Columbia 
Appropriations Act, 2006''.

[[Page 119 STAT. 2523]]

    This Act (including divisions A and B) may be cited as the 
``Transportation, Treasury, Housing and Urban Development, the 
Judiciary, the District of Columbia, and Independent Agencies 
Appropriations Act, 2006''.

    Approved November 30, 2005.

LEGISLATIVE HISTORY--H.R. 3058 (S. 1446):
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HOUSE REPORTS: Nos. 109-153 (Comm. on Appropriations) and 109-307 
(Comm. of Conference).
SENATE REPORTS: Nos. 109-106 accompanying S. 1446 and 109-109 (both from 
Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
            June 29, 30, considered and passed House.
            Oct. 17-20, considered and passed Senate, amended.
            Nov. 18, House agreed to conference report.
            Nov. 21, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
            Nov. 30, Presidential statement.

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Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006

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