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“TRANSPORTATION, TREASURY, THE JUDICIARY, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2006” mentioning the Department of Interior was published in the Senate section on pages S11350-S11410 on Oct. 17, 2005.
The publication is reproduced in full below:
TRANSPORTATION, TREASURY, THE JUDICIARY, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2006
The PRESIDING OFFICER. Under the previous order, the hour of 3 p.m. having arrived, the Senate will proceed to the consideration of H.R. 3058, which the clerk will report.
The legislative clerk read as follows:
A bill (H.R. 3058) making appropriations for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, the District of Columbia, and independent agencies for the fiscal year ending September 30, 2006, and for other purposes.
The Senate proceeded to consider the bill which had been reported from the Committee on Appropriations with an amendment.
(Strike the part shown in black brackets and insert the part shown in italic.)
H.R. 3058
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
[That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and independent agencies for the fiscal year ending September 30, 2006, and for other purposes, namely:
[TITLE I
[DEPARTMENT OF TRANSPORTATION
[Office of the Secretary
[Salaries and Expenses
[For necessary expenses of the Office of the Secretary,
$84,913,000 (increased by $250,000) (reduced by $17,339,000), of which not to exceed $2,198,000 shall be available for the immediate Office of the Secretary; not to exceed $698,000 shall be available for the immediate Office of the Deputy Secretary; not to exceed $15,183,000 (increased by $250,000) shall be available for the Office of the General Counsel; not to exceed $11,680,000 shall be available for the Office of the Under Secretary of Transportation for Policy; not to exceed $7,593,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; not to exceed
$2,052,000 (reduced by $2,052,000) shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $23,139,000 shall be available for the Office of the Assistant Secretary for Administration; not to exceed
$1,910,000 (reduced by $1,910,000) shall be available for the Office of Public Affairs; not to exceed $1,442,000 (reduced by $1,422,000) shall be available for the Office of the Executive Secretariat; not to exceed $697,000 shall be available for the Board of Contract Appeals; not to exceed
$1,265,000 shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $2,033,000 for the Office of Intelligence and Security; not to exceed
$3,128,000 shall be available for the Office of Emergency Transportation; and not to exceed $11,895,000 (reduced by
$11,895,000) shall be available for the Office of the Chief Information Officer: Provided, That the Secretary of Transportation is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further, That no appropriation for any office shall be increased or decreased by more than 5 percent by all such transfers: Provided further, That notice of any change in funding greater than 5 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That not to exceed $60,000 (reduced by $60,000) shall be for allocation within the Department for official reception and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision of law, excluding fees authorized in Public Law 107-71, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees: Provided further, That none of the funds provided in this Act shall be available for the position of Assistant Secretary for Public Affairs.
[Office of Civil Rights
[For necessary expenses of the Office of Civil Rights,
$8,550,000.
[Transportation Planning, Research, and Development
[For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, to remain available until expended, $40,613,000 (reduced by $31,583,000).
[Working Capital Fund
[Necessary expenses for operating costs and capital outlays of the Working Capital Fund, not to exceed $120,014,000, shall be paid from appropriations made available to the Department of Transportation: Provided, That such services shall be provided on a competitive basis to entities within the Department of Transportation: Provided further, That the above limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to an agency of the Department shall be transferred to the Working Capital Fund without the approval of the agency modal administrator: Provided further, That no assessments may be levied against any program, budget activity, subactivity or project funded by this Act unless notice of such assessments and the basis therefor are presented to the House and Senate Committees on Appropriations and are approved by such Committees.
[Minority Business Resource Center Program
[For the cost of guaranteed loans, $500,000, as authorized by 49 U.S.C. 332: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $18,367,000. In addition, for administrative expenses to carry out the guaranteed loan program, $400,000.
[Minority Business Outreach
[For necessary expenses of Minority Business Resource Center outreach activities, $3,000,000, to remain available until September 30, 2007: Provided, That notwithstanding 49 U.S.C. 332, these funds may be used for business opportunities related to any mode of transportation.
[Payments to Air Carriers
[(Airport and Airway Trust Fund)
[In addition to funds made available from any other source to carry out the essential air service program under 49 U.S.C. 41731-41742, $54,000,000 to remain available until expended: Provided, That the Secretary may transfer amounts appropriated to the Federal Aviation Administration under any heading in this Act or otherwise available to the Federal Aviation Administration, to make such amounts available for obligation and expenditure for the essential air service program, in satisfaction of the requirements of section 41742(a)(1) of title 49, United States Code, in advance of the collection of fees under section 45301 of title 49, United States Code: Provided further, That the Secretary shall reimburse such amounts to the Federal Aviation Administration proportionally by transfer, to the extent possible, from amounts credited to the account established under section 45303 of title 49, United States Code, as such fees are collected during the fiscal year: Provided further, That, in determining between or among carriers competing to provide service to a community, the Secretary may consider the relative subsidy requirements of the carriers.
[New Headquarters Building
[For necessary expenses of the Department of Transportation's new headquarters building and related services, $100,000,000 (reduced by $25,000,000) (reduced by
$20,000,000), to remain available until expended.
[Federal Aviation Administration
[Operations
[For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of aircraft, subsidizing the cost of aeronautical charts and maps sold to the public, lease or purchase of passenger motor vehicles for replacement only, in addition to amounts made available by Public Law 108-176, $8,042,920,000 (increased by
$263,000,000), of which $4,986,000,000 shall be derived from the Airport and Airway Trust Fund, of which not to exceed
$6,424,229,000 shall be available for air traffic services activities; not to exceed $951,042,000 (increased by
$263,000,000) shall be available for aviation regulation and certification activities; not to exceed $222,171,000 shall be available for research and acquisition activities; not to exceed $11,759,000 shall be available for commercial space transportation activities; not to exceed $50,583,000 shall be available for financial services activities; not to exceed
$69,943,000 shall be available for human resources program activities; not to exceed $150,744,000 shall be available for region and center operations and regional coordination activities; not to exceed $140,337,000 shall be available for staff offices; and not to exceed $36,612,000 shall be available for information services: Provided, That none of the funds in this Act shall be available for the Federal Aviation Administration to finalize or implement any regulation that would promulgate new aviation user fees not specifically authorized by law after the date of the enactment of this Act: Provided further, That there may be credited to this appropriation funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources, for expenses incurred in the provision of agency services, including receipts for the maintenance and operation of air navigation facilities, and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair or alteration forms: Provided further, That of the funds appropriated under this heading, not less than $7,500,000 shall be for the contract tower cost-sharing program: Provided further, That funds may be used to enter into a grant agreement with a nonprofit standard-setting organization to assist in the development of aviation safety standards: Provided further, That none of the funds in this Act shall be available for new applicants for the second career training program: Provided further, That none of the funds in this Act shall be available for paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay: Provided further, That none of the funds in this Act may be obligated or expended to operate a manned auxiliary flight service station in the contiguous United States: Provided further, That none of the funds in this Act for aeronautical charting and cartography are available for activities conducted by, or coordinated through, the Working Capital Fund: Provided further, That none of the funds in this Act may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card. In addition, $150,000,000 (reduced by $59,000,000) for transition costs associated with OMB Circular A-76 Flight Service Station competition.
[Facilities and Equipment
[(airport and airway trust fund)
[For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by contract or purchase, and hire of air navigation and experimental facilities and equipment, as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds available under this heading; to be derived from the Airport and Airway Trust Fund, $3,053,000,000, of which
$2,618,000,000 shall remain available until September 30, 2008, and of which $435,000,000 shall remain available until September 30, 2006: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: Provided further, That upon initial submission to the Congress of the fiscal year 2007 President's budget, the Secretary of Transportation shall transmit to the Congress a comprehensive capital investment plan for the Federal Aviation Administration which includes funding for each budget line item for fiscal years 2007 through 2011, with total funding for each year of the plan constrained to the funding targets for those years as estimated and approved by the Office of Management and Budget.
[Research, Engineering, and Development
[(airport and airway trust fund)
[For necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or grant,
$130,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2008: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering, and development.
[Grants-in-Aid for Airports
[(liquidation of contract authorization)
[(limitation on obligations)
[(airport and airway trust fund)
[(including rescission)
[For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code, and under other law authorizing such obligations; for procurement, installation, and commissioning of runway incursion prevention devices and systems at airports of such title; $3,600,000,000 to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That none of the funds under this heading shall be available for the planning or execution of programs the obligations for which are in excess of $3,600,000,000 in fiscal year 2006, notwithstanding section 47117(g) of title 49, United States Code: Provided further, That none of the funds under this heading shall be available for the replacement of baggage conveyor systems, reconfiguration of terminal baggage areas, or other airport improvements that are necessary to install bulk explosive detection systems: Provided further, That of the amount authorized for the fiscal year ending September 30, 2005, under sections 48103 and 48112 of title 49, United States Code, $469,000,000 are rescinded.
[Administrative Provisions--Federal Aviation Administration
[Sec. 101. Notwithstanding any other provision of law, airports may transfer without consideration to the Federal Aviation Administration (FAA) instrument landing systems
(along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications, the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement program grant: Provided, That, the Federal Aviation Administration shall accept such equipment, which shall thereafter be operated and maintained by FAA in accordance with agency criteria.
[Sec. 102. None of the funds in this Act may be used to compensate in excess of 375 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2005.
[Sec. 103. None of the funds in this Act shall be used to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided, That the prohibition of funds in this section does not apply to negotiations between the agency and airport sponsors to achieve agreement on ``below-market'' rates for these items or to grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities.
[Sec. 104. None of the funds appropriated or limited by this Act may be used to change weight restrictions or prior permission rules at Teterboro Airport in Teterboro, New Jersey.
[Sec. 105. (a) Section 44302(f)(1) of title 49, United States Code, is amended by striking ``2005,'' each place it appears and inserting ``2006,''.
[(b) Section 44303(b) of such title is amended by striking
``2005,'' and inserting ``2006,''.
[Sec. 106. None of the funds made available in this Act shall be used for engineering work related to an additional runway at Louis Armstrong New Orleans International Airport.
[Federal Highway Administration
[limitation on administrative expenses
[Necessary expenses for administration and operation of the Federal Highway Administration, not to exceed $359,529,000 shall be paid in accordance with law from appropriations made available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration.
[Federal-Aid Highways
[(limitation on obligations)
[(highway trust fund)
[None of the funds in this Act shall be available for the implementation or execution of programs, the obligations for which are in excess of $36,287,100,000 for Federal-aid highways and highway safety construction programs for fiscal year 2006: Provided, That within the $36,287,100,000 obligation limitation on Federal-aid highways and highway safety construction programs, not more than $485,000,000 shall be available for the implementation or execution of programs for transportation research (as authorized by title 23, United States Code, as amended; section 5505 of title 49, United States Code, as amended; and sections 5112 and 5204-5209 of Public Law 105-178, as amended) for fiscal year 2006: Provided further, That this limitation on transportation research programs shall not apply to any authority previously made available for obligation: Provided further, That the Secretary may, as authorized by sections 183 and 184 of title 23, United States Code, charge and collect a fee, from the applicant for a direct loan, guaranteed loan, or line of credit to cover the cost of the financial and legal analyses performed on behalf of the Department: Provided further, That such fees are available until expended to pay for such costs: Provided further, That such amounts are in addition to administrative expenses that are also available for such purpose, and are not subject to any obligation limitation or the limitation on administrative expenses under 23 U.S.C. 188.
[federal-aid highways
[(liquidation of contract authorization)
[(highway trust fund)
[For carrying out the provisions of title 23, United States Code, that are attributable to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise provided, including reimbursement for sums expended pursuant to the provisions of 23 U.S.C. 308, $36,000,000,000 or so much thereof as may be available in and derived from the Highway Trust Fund (other than the Mass Transit Account), to remain available until expended.
[Administrative Provisions--Federal Highway Administration
[Sec. 110. Notwithstanding 31 U.S.C. 3302, funds received by the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to the Federal-aid highways account for the purpose of reimbursing the Bureau for such expenses: Provided, That such funds shall be subject to the obligation limitation for Federal-aid highways and highway safety construction.
[Federal Motor Carrier Safety Administration
[Motor Carrier Safety Operations and Programs
[(limitation on obligations)
[(liquidation of contract authorization)
[(highway trust fund)
[(including transfer of funds)
[None of the funds provided for expenses for administration of motor carrier safety programs and motor carrier safety research shall be available for fiscal year 2006, the obligations for which are in excess of $215,000,000: Provided, That for payment of obligations incurred to pay administrative expenses of and motor carrier research by the Federal Motor Carrier Safety Administration, $215,000,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account), together with advances and reimbursements received by the Federal Motor Carrier Safety Administration, the sum of which shall remain available until expended.
[National Motor Carrier Safety Program
[liquidation of contract authorization
[(limitation on obligations)
[(highway trust fund)
[For payment of obligations incurred in carrying out motor carrier safety grant programs in accordance with title 49, United States Code, $286,000,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account) and to remain available until expended: Provided, That none of the funds provided for the implementation or execution of motor carrier safety grant programs authorized by title 49, United States Code, shall be available for fiscal year 2006, the obligations for which are in excess of $286,000,000.
[Administrative Provision--Federal Motor Carrier Safety Administration
[Sec. 120. Funds appropriated or limited in this Act shall be subject to the terms and conditions stipulated in section 350 of Public Law 107-87, including that the Secretary submit a report to the House and Senate Appropriations Committees annually on the safety and security of transportation into the United States by Mexico-domiciled motor carriers.
[National Highway Traffic Safety Administration
[Operations and Research
[For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety under chapter 301 of title 49, United States Code, and part C of subtitle VI of title 49, United States Code, $152,367,000, of which $135,367,000 is to remain available until September 30, 2008, and $17,000,000 is to remain available until expended: Provided, That none of the funds appropriated by this Act may be obligated or expended to plan, finalize, or implement any rulemaking to add to section 575.104 of title 49 of the Code of Federal Regulations any requirement pertaining to a grading standard that is different from the three grading standards (treadwear, traction, and temperature resistance) already in effect.
[Operations and Research
[(liquidation of contract authorization)
[(limitation on obligations)
[(highway trust fund)
[For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, to remain available until expended, $75,000,000, to be derived from the Highway Trust Fund: Provided, That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 2006, are in excess of
$75,000,000 for programs authorized under 23 U.S.C. 403.
[National Driver Register
[(liquidation of contract authorization)
[(limitation on obligations)
[(highway trust fund)
[For payment of obligations incurred in carrying out chapter 303 of title 49, United States Code, $4,000,000, to be derived from the Highway Trust Fund: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $4,000,000 for the National Driver Register authorized under chapter 303 of title 49, United States Code.
[Highway Traffic Safety Grants
[(liquidation of contract authorization)
[(limitation on obligations)
[(highway trust fund)
[For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402, 405, and 410, to remain available until expended, $551,000,000 to be derived from the Highway Trust Fund and to remain available until expended: Provided, That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 2006, are in excess of
$551,000,000 for programs authorized under 23 U.S.C. 402, 405, and 410, and the State Traffic Safety Information Systems Improvements, High Visibility Enforcement, Child Safety and Booster Seat, and Motorcyclist Safety grants programs, to be allocated as follows: $229,000,000 shall be for ``Highway Safety Programs'' under 23 U.S.C. 402,
$136,000,000 shall be for ``Occupant Protection Incentive Grants'' under 23 U.S.C. 405, $129,000,000 shall be for
``Alcohol-Impaired Driving Countermeasures Grants'' under 23 U.S.C. 410, $30,000,000 shall be for State Traffic Safety Information Systems Improvement grants, $15,000,000 shall be for High Visibility Enforcement grants, $6,000,000 shall be for Child Safety and Booster Seat grants, and $6,000,000 shall be for Motorcyclist Safety grants: Provided further, That none of these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local, or private buildings or structures: Provided further, That not to exceed
$10,000,000 of the funds made available for section 402, not to exceed $3,306,000 of the funds made available for section 405, and not to exceed $3,000,000 of the funds made available for section 410 shall be available to NHTSA for administering highway safety grants under chapter 4 of title 23, United States Code: Provided further, That not to exceed $500,000 of the funds made available for section 410 ``Alcohol-Impaired Driving Countermeasures Grants'' shall be available for technical assistance to the States.
[Federal Railroad Administration
[Safety and Operations
[For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $145,949,000, of which $13,856,000 shall remain available until expended.
[Railroad Research and Development
[For necessary expenses for railroad research and development, $26,325,000 (reduced by $26,325,000), to remain available until expended.
[Railroad Rehabilitation and Improvement Program
[The Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding: Provided, That pursuant to section 502 of such Act, as amended, no new direct loans or loan guarantee commitments shall be made using Federal funds for the credit risk premium during fiscal year 2006.
[Next Generation High-Speed Rail
[For necessary expenses for the Next Generation High-Speed Rail program as authorized under 49 U.S.C. 26101 and 26102,
$10,165,000, to remain available until expended.
[Grants to the National Railroad Passenger Corporation
[To enable the Secretary of Transportation to make quarterly grants to the National Railroad Passenger Corporation, $550,000,000 (increased by $626,248,000), to remain available until September 30, 2006: Provided, That of the funds provided, $50,000,000 shall be used by the Secretary of Transportation to enter into contracts to make improvements to the Northeast Corridor, as authorized under chapters 241 and 249 of title 49, United States Code.
[Administrative Provision--Federal Railroad Administration
[Sec. 140. The Secretary may purchase promotional items of nominal value for use in public outreach activities to accomplish the purposes of 49 U.S.C. 20134: Provided, That the Secretary shall prescribe guidelines for the administration of such purchases and use.
[Federal Transit Administration
[Administrative Expenses
[For necessary administrative expenses of the Federal Transit Administration's programs authorized by chapter 53 of title 49, United States Code, $12,000,000: Provided, That no more than $80,000,000 of budget authority shall be available for these purposes: Provided further, That of the funds available not to exceed $989,000 shall be available for the Office of the Administrator; not to exceed $7,284,000 shall be available for the Office of Administration; not to exceed
$4,140,000 shall be available for the Office of the Chief Counsel; not to exceed $1,276,000 shall be available for the Office of Communication and Congressional Affairs; not to exceed $7,916,000 shall be available for the Office of Program Management; not to exceed $7,123,000 shall be available for the Office of Budget and Policy; not to exceed
$4,712,000 shall be available for the Office of Demonstration and Innovation; not to exceed $3,113,000 shall be available for the Office of Civil Rights; not to exceed $4,155,000 shall be available for the Office of Planning; not to exceed
$21,408,000 shall be available for regional offices; and not to exceed $17,884,000 shall be available for the central account: Provided further, That the Administrator is authorized to transfer funds appropriated for an office of the Federal Transit Administration: Provided further, That no appropriation for an office shall be increased or decreased by more than a total of 5 percent during the fiscal year by all such transfers: Provided further, That any change in funding greater than 5 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That any funding transferred from the central account shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That none of the funds provided or limited in this Act may be used to create a permanent office of transit security under this heading: Provided further, That of the funds in this Act available for the execution of contracts under section 5327(c) of title 49, United States Code, $2,000,000 shall be reimbursed to the Department of Transportation's Office of Inspector General for costs associated with audits and investigations of transit-related issues, including reviews of new fixed guideway systems: Provided further, That upon submission to the Congress of the fiscal year 2007 President's budget, the Secretary of Transportation shall transmit to Congress the annual report on new starts, proposed allocations of funds for fiscal year 2007.
[Formula Grants
[(including transfer of funds)
[For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310, 5311, 5327, 5335 and section 3038 of Public Law 105-178, $662,550,000, to remain available until expended: Provided, That no more than $4,417,000,000 of budget authority shall be available for these purposes: Provided further, That of the amount available, $2,500,000 shall be available for the National Transit database.
[University Transportation Research
[For necessary expenses to carry out 49 U.S.C. 5505,
$1,200,000, to remain available until expended: Provided, That no more than $8,000,000 of budget authority shall be available for these purposes.
[Transit Planning and Research
[For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322,
$24,049,000, to remain available until expended: Provided, That no more than $160,325,000 of budget authority shall be available for these purposes.
[Trust Fund Share of Expenses
[(liquidation of contract authorization)
[(highway trust fund)
[For payment of obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038 of Public Law 105-178,
$7,209,700,000, to remain available until expended, and to be derived from the Mass Transit Account of the Highway Trust Fund: Provided, That $3,754,450,000 shall be paid to the Federal Transit Administration's formula grants account: Provided further, That $136,276,000 shall be paid to the Federal Transit Administration's transit planning and research account: Provided further, That $68,000,000 shall be paid to the Federal Transit Administration's administrative expenses account: Provided further, That $6,800,000 shall be paid to the Federal Transit Administration's university transportation research account: Provided further, That
$148,750,000 shall be paid to the Federal Transit Administration's job access and reverse commute grants program: Provided further, That $3,095,424,000 shall be paid to the Federal Transit Administration's Capital Investment Grants account.
[Capital Investment Grants
[(including transfer of funds)
[For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, and 5327, $546,251,000, to remain available until expended: Provided, That no more than $3,641,675,000 of budget authority shall be available for these purposes.
[Job Access and Reverse Commute Grants
[For necessary expenses to carry out section 3037 of the Federal Transit Act of 1998, $26,250,000, to remain available until expended: Provided, That no more than $175,000,000 of budget authority shall be available for these purposes: Provided further, That up to $300,000 of the funds provided under this heading may be used by the Federal Transit Administration for technical assistance and support and performance reviews of the Job Access and Reverse Commute Grants program.
[Administrative Provisions--Federal Transit Administration
[Sec. 150. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338, previously made available for obligation, or to any other authority previously made available for obligation.
[Sec. 151. Notwithstanding any other provision of law, any funds appropriated before October 1, 2005, under any section of chapter 53 of title 49, United States Code, that remain available for expenditure may be transferred to and administered under the most recent appropriation heading for any such section.
[Saint Lawrence Seaway Development Corporation
[The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation's budget for the current fiscal year.
[Operations and Maintenance
[(harbor maintenance trust fund)
[For necessary expenses for operations and maintenance of those portions of the Saint Lawrence Seaway operated and maintained by the Saint Lawrence Seaway Development Corporation, $16,284,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662.
[Maritime Administration
[Maritime Security Program
[For necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United States, $156,000,000, to remain available until expended.
[Operations and Training
[For necessary expenses of operations and training activities authorized by law, $112,336,000, of which
$23,750,000 shall remain available until September 30, 2006, for salaries and benefits of employees of the United States Merchant Marine Academy; of which $17,000,000 shall remain available until expended for capital improvements at the United States Merchant Marine Academy; and of which
$11,211,000 shall remain available until expended for the State Maritime Schools Schoolship Maintenance and Repair.
[Ship Disposal
[For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $21,000,000, to remain available until expended.
[Maritime Guaranteed Loan (Title XI) Program Account
[(including transfer of funds)
[For administrative expenses to carry out the guaranteed loan program, not to exceed $3,526,000, which shall be transferred to and merged with the appropriation for Operations and Training.
[Ship Construction
[(rescission)
[Of the unobligated balances available under this heading,
$2,071,280 are rescinded.
[Administrative Provisions--Maritime Administration
[Sec. 160. Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration, and payments received therefore shall be credited to the appropriation charged with the cost thereof: Provided, That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall be covered into the Treasury as miscellaneous receipts.
[Sec. 161. No obligations shall be incurred during the current fiscal year from the construction fund established by the Merchant Marine Act, 1936, or otherwise, in excess of the appropriations and limitations contained in this Act or in any prior appropriations Act.
[Pipeline and Hazardous Materials Safety Administration
[Administrative Expenses
[For necessary administrative expenses of the Pipeline and Hazardous Materials Safety Administration, $17,027,000, of which $645,000 shall be derived from the Pipeline Safety Fund.
[hazardous materials safety
[For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $26,183,000, of which
$1,847,000 shall remain available until September 30, 2008: Provided, That up to $1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as offsetting receipts: Provided further, That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions.
[Pipeline Safety
[(pipeline safety fund)
[(oil spill liability trust fund)
[For expenses necessary to conduct the functions of the pipeline safety program, for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990, $72,860,000, of which $15,000,000 shall be derived from the Oil Spill Liability Trust Fund and shall remain available until September 30, 2008; of which
$57,860,000 shall be derived from the Pipeline Safety Fund, of which $24,000,000 shall remain available until September 30, 2008: Provided, That not less than $1,000,000 of the funds provided under this heading shall be for the one-call State grant program.
[Emergency Preparedness Grants
[(emergency preparedness fund)
[For necessary expenses to carry out 49 U.S.C. 5127(c),
$200,000, to be derived from the Emergency Preparedness Fund, to remain available until September 30, 2007: Provided, That not more than $14,300,000 shall be made available for obligation in fiscal year 2006 from amounts made available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That none of the funds made available by 49 U.S.C. 5116(i), 5127(c), and 5127(d) shall be made available for obligation by individuals other than the Secretary of Transportation, or his designee.
[Research and Innovative Technology Administration
[Research and Development
[For necessary expenses of the Research and Innovative Technology Administration, $4,326,000: Provided, That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training.
[Office of Inspector General
[Salaries and Expenses
[For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $62,499,000: Provided, That the Inspector General shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended
(5 U.S.C. App. 3), to investigate allegations of fraud, including false statements to the government (18 U.S.C. 1001), by any person or entity that is subject to regulation by the Department: Provided further, That the funds made available under this heading shall be used to investigate, pursuant to section 41712 of title 49, United States Code:
(1) unfair or deceptive practices and unfair methods of competition by domestic and foreign air carriers and ticket agents; and (2) the compliance of domestic and foreign air carriers with respect to item (1) of this proviso.
[Surface Transportation Board
[Salaries and Expenses
[For necessary expenses of the Surface Transportation Board, including services authorized by 5 U.S.C. 3109,
$26,622,000: Provided, That notwithstanding any other provision of law, not to exceed $1,250,000 from fees established by the Chairman of the Surface Transportation Board shall be credited to this appropriation as offsetting collections and used for necessary and authorized expenses under this heading: Provided further, That the sum herein appropriated from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2006, to result in a final appropriation from the general fund estimated at no more than
$25,372,000.
[Administrative Provisions--Department of Transportation
[(including transfers of funds)
[Sec. 170. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
[Sec. 171. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV.
[Sec. 172. None of the funds in this Act shall be available for salaries and expenses of more than 100 political and Presidential appointees in the Department of Transportation: Provided, That none of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transportation.
[Sec. 173. None of the funds in this Act shall be used to implement section 404 of title 23, United States Code.
[Sec. 174. (a) No recipient of funds made available in this Act shall disseminate personal information (as defined in 18 U.S.C. 2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
[(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in noncompliance with this provision.
[Sec. 175. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account, the Federal Transit Administration's ``Transit Planning and Research'' account, and to the Federal Railroad Administration's ``Safety and Operations'' account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105.
[Sec. 176. Notwithstanding any other provisions of law, rule or regulation, the Secretary of Transportation is authorized to allow the issuer of any preferred stock heretofore sold to the Department to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary.
[Sec. 177. None of the funds in this Act to the Department of Transportation may be used to make a grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any discretionary grant award, letter of intent, or full funding grant agreement totaling $1,000,000 or more is announced by the department or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration other than the emergency relief program; (2) the airport improvement program of the Federal Aviation Administration; or (3) any program of the Federal Transit Administration other than the formula grants and fixed guideway modernization programs: Provided, That no notification shall involve funds that are not available for obligation.
[Sec. 178. Rebates, refunds, incentive payments, minor fees and other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to elements of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended.
[Sec. 179. Amounts made available in this or any other Act that the Secretary determines represent improper payments by the Department of Transportation to a third party contractor under a financial assistance award, which are recovered pursuant to law, shall be available--
[(1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper payments; and
[(2) to pay contractors for services provided in recovering improper payments: Provided, That amounts in excess of that required for paragraphs (1) and (2)--
[(A) shall be credited to and merged with the appropriation from which the improper payments were made, and shall be available for the purposes and period for which such appropriations are available; or
[(B) if no such appropriation remains available, shall be deposited in the Treasury as miscellaneous receipts: Provided, That prior to the transfer of any such recovery to an appropriations account, the Secretary shall notify the House and Senate Committees on Appropriations of the amount and reasons for such transfer: Provided further, That for purposes of this section, the term ``improper payments'', has the same meaning as that provided in section 2(d)(2) of Public Law 107-300.
[Sec. 180. The Secretary of Transportation is authorized to transfer the unexpended balances available for the bonding assistance program from ``Office of the Secretary, Salaries and expenses'' to ``Minority Business Outreach''.
[Sec. 181. None of the funds made available in this Act to the Department of Transportation may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for Congressional notification.
[Sec. 182. None of the funds made available under this Act may be obligated or expended to establish or implement a pilot program under which not more than 10 designated essential air service communities located in proximity to hub airports are required to assume 10 percent of their essential air subsidy costs for a 4-year period commonly referred to as the EAS local participation program.
[TITLE II--DEPARTMENT OF THE TREASURY
[Departmental Offices
[Salaries and Expenses
[(including transfer of funds)
[For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Annex; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business, not to exceed $3,000,000 for official travel expenses; $187,452,000 (reduced by $30,000,000), of which not to exceed $7,216,000 for executive direction program activities; not to exceed $7,521,000 for general counsel program activities; not to exceed $32,011,000 for economic policies and programs activities; not to exceed $24,721,000 for financial policies and programs activities; not to exceed
$16,843,000 for Treasury-wide management policies and programs activities; not to exceed $63,731,000 for administration programs activities: Provided, That
$35,409,000 of the amount provided under this heading is for the Office of Terrorism and Financial Intelligence as authorized in Public law 108-447, of which $22,032,000 is for the Office of Foreign Assets Control, $5,882,000 is for the Office of Intelligence and Analysis, and $1,998,000 is for the Office of the Undersecretary: Provided further, That the Secretary of the Treasury is authorized to transfer funds appropriated for any program activity of the Departmental Offices to any other program activity of the Departmental Offices upon notification to the House and Senate Committees on Appropriations: Provided further, That no appropriation for any program activity shall be increased or decreased by more than 2 percent by all such transfers: Provided further, That any change in funding greater than 2 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That of the amount appropriated under this heading, not to exceed $3,000,000, to remain available until September 30, 2007, is for information technology modernization requirements; not to exceed $100,000 is for official reception and representation expenses; and not to exceed $258,000 is for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate: Provided further, That of the amount appropriated under this heading,
$5,173,000, to remain available until September 30, 2007, is for the Treasury-wide Financial Statement Audit Program and internal control programs, of which such amounts as may be necessary may be transferred to accounts of the Department's offices and bureaus to conduct audits: Provided further, That this transfer authority shall be in addition to any other provided in this Act.
[Department-Wide Systems and Capital Investments Programs
[(including transfer of funds)
[For development and acquisition of automatic data processing equipment, software, and services for the Department of the Treasury, $21,412,000, to remain available until September 30, 2008: Provided, That these funds shall be transferred to accounts and in amounts as necessary to satisfy the requirements of the Department's offices, bureaus, and other organizations: Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further, That none of the funds appropriated shall be used to support or supplement ``Internal Revenue Service, Information Systems'' or ``Internal Revenue Service, Business Systems Modernization''.
[Office of Inspector General
[salaries and expenses
[For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, not to exceed $2,000,000 for official travel expenses, including hire of passenger motor vehicles; and not to exceed $100,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General of the Treasury,
$17,000,000, of which not to exceed $2,500 shall be available for official reception and representation expenses.
[Treasury Inspector General for Tax Administration
[salaries and expenses
[For necessary expenses of the Treasury Inspector General for Tax Administration in carrying out the Inspector General Act of 1978, as amended, including purchase (not to exceed 150 for replacement only for police-type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be determined by the Inspector General for Tax Administration; not to exceed $6,000,000 for official travel expenses; and not to exceed $500,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General for Tax Administration,
$133,286,000; and of which not to exceed $1,500 shall be available for official reception and representation expenses.
[Air Transportation Stabilization Program Account
[For necessary expenses to administer the Air Transportation Stabilization Board established by section 102 of the Air Transportation Safety and System Stabilization Act
(Public Law 107-42), $2,500,000 (reduced by $2,500,000) to remain available until expended.
[Treasury Building and Annex Repair and Restoration
[For the repair, alteration, and improvement of the Treasury Building and Annex, $10,000,000, to remain available until September 30, 2008.
[Financial Crimes Enforcement Network
[salaries and expenses
[For necessary expenses of the Financial Crimes Enforcement Network, including hire of passenger motor vehicles; travel expenses of non-Federal law enforcement personnel to attend meetings concerned with financial intelligence activities, law enforcement, and financial regulation; not to exceed
$14,000 for official reception and representation expenses; and for assistance to Federal law enforcement agencies, with or without reimbursement, $73,630,000 of which not to exceed
$6,944,000 shall remain available until September 30, 2008; and of which $8,521,000 shall remain available until September 30, 2007: Provided, That funds appropriated in this account may be used to procure personal services contracts.
[Financial Management Service
[Salaries and Expenses
[For necessary expenses of the Financial Management Service, $236,243,000, of which not to exceed $9,220,000 shall remain available until September 30, 2008, for information systems modernization initiatives; and of which not to exceed $2,500 shall be available for official reception and representation expenses.
[Alcohol and Tobacco Tax and Trade Bureau
[Salaries and Expenses
[For necessary expenses of carrying out section 1111 of the Homeland Security Act of 2002, including hire of passenger motor vehicles, $91,126,000; of which not to exceed $6,000 for official reception and representation expenses; not to exceed $50,000 for cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement.
[United States Mint
[United States Mint Public Enterprise Fund
[Pursuant to section 5136 of title 31, United States Code, the United States Mint is provided funding through the United States Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, including both operating expenses and capital investments. The aggregate amount of new liabilities and obligations incurred during fiscal year 2006 under such section 5136 for circulating coinage and protective service capital investments of the United States Mint shall not exceed $36,900,000.
[Bureau of the Public Debt
[Administering the Public Debt
[For necessary expenses connected with any public-debt issues of the United States, $179,923,000, of which not to exceed $2,500 shall be available for official reception and representation expenses, and of which not to exceed
$2,000,000 shall remain available until expended for systems modernization: Provided, That the sum appropriated herein from the General Fund for fiscal year 2006 shall be reduced by not more than $3,000,000 as definitive security issue fees and Treasury Direct Investor Account Maintenance fees are collected, so as to result in a final fiscal year 2006 appropriation from the General Fund estimated at
$176,923,000. In addition, $70,000 to be derived from the Oil Spill Liability Trust Fund to reimburse the Bureau for administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of Public Law 101-380.
[Community Development Financial Institutions
[Fund Program Account
[To carry out the Community Development Banking and Financial Institutions Act of 1994, including services authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for ES-3,
$55,000,000, to remain available until September 30, 2006, of which up to $13,000,000 may be used for administrative expenses, including administration of the New Markets Tax Credit, up to $6,000,000 may be used for the cost of direct loans, and up to $250,000 may be used for administrative expenses to carry out the direct loan program: Provided, That the cost of direct loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $11,000,000.
[Internal Revenue Service
[Processing, Assistance, and Management
[For necessary expenses of the Internal Revenue Service for pre-filing taxpayer assistance and education, filing and account services, shared services support, general management and administration; and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner,
$4,181,520,000, of which up to $4,100,000 shall be for the Tax Counseling for the Elderly Program, of which $8,000,000 shall be available for low-income taxpayer clinic grants, of which $1,500,000 shall be for the Internal Revenue Service Oversight Board; and of which not to exceed $25,000 shall be for official reception and representation expenses.
[Tax Law Enforcement
[(including transfer of funds)
[For necessary expenses of the Internal Revenue Service for determining and establishing tax liabilities; providing litigation support; conducting criminal investigation and enforcement activities; securing unfiled tax returns; collecting unpaid accounts; conducting a document matching program; resolving taxpayer problems through prompt identification, referral and settlement; expanded customer service and public outreach programs, strengthened enforcement activities, and enhanced research efforts to reduce erroneous filings associated with the earned income tax credit; compiling statistics of income and conducting compliance research; purchase (for police-type use, not to exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner,
$4,541,466,000 (increased by $38,750,000), of which
$55,584,000 shall be for the Interagency Crime and Drug Enforcement program: Provided, That up to $10,000,000 may be transferred as necessary from this account to the IRS Processing, Assistance, and Management appropriation or the IRS Information Systems appropriation solely for the purposes of management of the Interagency Crime and Drug Enforcement Program: Provided further, That up to $10,000,000 may be transferred as necessary from this account to the IRS Processing, Assistance, and Management appropriation or the IRS Information Systems appropriation solely for the purposes of management of the Earned Income Tax Credit compliance program and to reimburse the Social Security Administration for the cost of implementing section 1090 of the Taxpayer Relief Act of 1997 (Public Law 105-33): Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act.
[Information Systems
[For necessary expenses of the Internal Revenue Service for information systems and telecommunications support, including developmental information systems and operational information systems; the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner,
$1,606,846,000 (reduced by $24,000,000) (reduced by
$7,700,000), of which $75,000,000 shall remain available until September 30, 2007.
[Business Systems Modernization
[For necessary expenses of the Internal Revenue Service,
$199,000,000, to remain available until September 30, 2008, for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That none of these funds may be obligated until the Internal Revenue Service submits to the Committees on Appropriations, and such Committees approve, a plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11; (2) complies with the Internal Revenue Service's enterprise architecture, including the modernization blueprint; (3) conforms with the Internal Revenue Service's enterprise life cycle methodology; (4) is approved by the Internal Revenue Service, the Department of the Treasury, and the Office of Management and Budget; (5) has been reviewed by the Government Accountability Office; and (6) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government.
[Health Insurance Tax Credit Administration
[For expenses necessary to implement the health insurance tax credit included in the Trade Act of 2002 (Public Law 107-210), $20,210,000.
[Administrative Provisions--Internal Revenue Service
[(including transfer of funds)
[Sec. 201. Not to exceed 5 percent of any appropriation made available in this Act to the Internal Revenue Service or not to exceed 3 percent of appropriations under the heading
``Tax Law Enforcement'' may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the Committees on Appropriations.
[Sec. 202. The Internal Revenue Service shall maintain a training program to ensure that Internal Revenue Service employees are trained in taxpayers' rights, in dealing courteously with taxpayers, and in cross-cultural relations.
[Sec. 203. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality of taxpayer information.
[Sec. 204. Funds made available by this or any other Act to the Internal Revenue Service shall be available for improved facilities and increased manpower to provide sufficient and effective 1-800 help line service for taxpayers. The Commissioner shall continue to make the improvement of the Internal Revenue Service 1-800 help line service a priority and allocate resources necessary to increase phone lines and staff to improve the Internal Revenue Service 1-800 help line service.
[Sec. 205. None of the funds in this title may be used to modify the number or location of Taxpayer Assistance Centers until the Treasury Inspector General for Tax Administration completes a study detailing the impact that such closures would have on taxpayer compliance and submits such study to the Committees on Appropriatons of the House of Representatives and the Senate for review: Provided, That no funds shall be obligated by the Internal Revenue Service for such purposes for 60 days after receipt of such study: Provided further, That the Internal Revenue Service shall consult with stakeholder organizations, including but no limited to, the National Taxpayer Advocate, the Internal Revenue Service Oversight Board, the Treasury Inspector General for Tax Administration, and Internal Revenue Service employees with respect to the types of data to be included in the model that will determine which Taxpayer Assistance Centers should be closed and the relative weight of such data as it relates to such model.
[Administrative Provisions--Department of the Treasury
[(including transfer of funds)
[Sec. 210. Appropriations to the Department of the Treasury in this Act shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; purchase of motor vehicles without regard to the general purchase price limitations for vehicles purchased and used overseas for the current fiscal year; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services authorized by 5 U.S.C. 3109.
[Sec. 211. Not to exceed 2 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration's appropriation upon the advance approval of the Committees on Appropriations: Provided, That no transfer may increase or decrease any such appropriation by more than 2 percent.
[Sec. 212. Of the funds available for the purchase of law enforcement vehicles, no funds may be obligated until the Secretary of the Treasury certifies that the purchase by the respective Treasury bureau is consistent with Departmental vehicle management principles: Provided, That the Secretary may delegate this authority to the Assistant Secretary for Management.
[Sec. 213. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
[Sec. 214. The Secretary of the Treasury may transfer funds from ``Financial Management Services, Salaries and Expenses'' to ``Debt Collection Fund'' as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such salaries and expenses account from debt collections received in the Debt Collection Fund.
[Sec. 215. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104 note), is further amended by striking ``7 years'' and inserting `` 8 years''.
[Sec. 216. None of the funds appropriated or otherwise made available by this or any other Act may be used by the United States Mint to construct or operate any museum without the explicit approval of the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs.
[Sec. 217. None of the funds appropriated or otherwise made available by this or any other Act or source to the Department of the Treasury, the Bureau of Engraving and Printing, and the United States Mint, individually or collectively, may be used to consolidate any or all functions of the Bureau of Engraving and Printing and the United States Mint without the explicit approval of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; the House Committee on Appropriations; and the Senate Committee on Appropriations.
[TITLE III--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Public and Indian Housing
[Tenant-Based Rental Assistance
[(including transfer of funds)
[For activities and assistance for the provision of tenant-based rental assistance authorized under the United States Housing act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$15,531,400,000 (increased by $100,000,000), to remain available until expended, of which $11,331,400,000 (increased by $100,000,000) shall be available on October 1, 2005, and
$4,200,000,000 shall be available on October 1, 2006: Provided, That the amounts made available under this heading are provided as follows:
[(1) $14,089,755,725 (increased by $100,000,000) for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act: Provided, That notwithstanding any other provision of law, from amounts provided under this paragraph, the Secretary for the calendar year 2006 funding cycle shall provide renewal funding for each public housing agency based on each public housing agency's 2005 annual budget for renewal funding as calculated by HUD, prior to prorations, and by applying the 2006 Annual Adjustment Factor as established by the Secretary, and by making any necessary adjustments for the costs associated with the first-time renewal of tenant protection or HOPE VI vouchers: Provided further, That the Secretary shall, to the extent necessary to stay within the amount provided under this paragraph, pro rate each public housing agency's allocation otherwise established pursuant to this paragraph: Provided further, That except as provided in the following proviso, the entire amount provided under this paragraph shall be obligated to the public housing agencies based on the allocation and pro rata method described above: Provided further, That up to $45,000,000 shall be available only: (1) to adjust the allocations for public housing agencies, after application for an adjustment by a public housing agency and verification by HUD, whose allocations under this heading for contract renewals for the calendar year 2005 funding cycle were based on verified VMS leasing and cost data averaged for the months of May, June, and July of 2004 and solely because of temporarily low leasing levels during such 3-month period did not accurately reflect leasing levels and costs for the 2004 fiscal year of the agencies; and (2) for adjustments for public housing agencies that experienced a significant increase, as determined by the Secretary, in renewal costs resulting from the portability under section 8(r) of the United States Housing Act of 1937 of tenant-based rental assistance: Provided further, That none of the funds provided in this paragraph may be used to support a total number of unit months under lease which exceeds a public housing agency's authorized level of units under contract;
[(2) $165,700,000 for section 8 rental assistance for relocation and replacement of housing units that are demolished or disposed of pursuant to the Omnibus Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134), conversion of section 23 projects to assistance under section 8, the family unification program under section 8(x) of the Act, relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency, enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act, HOPE VI vouchers, mandatory and voluntary conversions, vouchers necessary to complete the consent decree requirements in Walker vs. U.S. Department of Housing and Urban Development, and tenant protection assistance including replacement and relocation assistance;
[(3) $45,000,000 for family self-sufficiency coordinators under section 23 of the Act;
[(4) $5,900,000 shall be transferred to the Working Capital Fund; and
[(5) $1,225,000,000 for administrative and other expenses of public housing agencies in administering the section 8 tenant-based rental assistance program, of which up to
$25,000,000 shall be available to the Secretary to allocate to public housing agencies that need additional funds to administer their section 8 programs: Provided, That
$1,200,000,000 of the amount provided in this paragraph shall be allocated for the calendar year 2006 funding cycle on a pro rata basis to public housing agencies based on the amount public housing agencies were eligible to receive in calendar year 2005: Provided further, That all amounts provided under this paragraph shall be only for activities related to the provision of tenant-based rental assistance authorized under section 8, including related development activities, except that up to $200,000,000 of funds made available on October 1, 2006, to this account may be transferred to the ``Project Based Rental Assistance Account'' at the discretion of the Secretary.
[Housing Certificate Fund
[(rescission)
[Of the unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading or the heading ``Annual contributions for assisted housing'' or any other heading for fiscal year 2005 and prior years, $2,493,600,000 is rescinded, to be effected by the Secretary no later than September 30, 2006: Provided, That any such balances governed by reallocation provisions under the statute authorizing the program for which the funds were originally appropriated shall be available for the rescission: Provided further, That any obligated balances of contract authority from fiscal year 1974 and prior that have been terminated shall be cancelled: Provided further, That no amounts recaptured from amounts appropriated in prior years under this heading or the heading ``Annual contributions for assisted housing'' and no carryover of such appropriated amounts for project-based assistance shall be available for the calendar year 2006 funding cycle for activities provided for under the heading ``Tenant-based rental assistance''.
[Project-Based Rental Assistance
[(including transfer of funds)
[For activities and assistance for the provision of project-based subsidy contracts under the United States Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$5,088,300,000, to remain available until expended: Provided, That the amounts made available under this heading are provided as follows:
[(1) $4,940,100,000 for expiring or terminating section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for amendments to section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for contracts entered into pursuant to section 441 of the McKinney-Vento Homeless Assistance Act, for renewal of section 8 contracts for units in projects that are subject to approved plans of action under the Emergency Low Income Housing Preservation Act of 1987 or the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses associated with project-based activities and assistance funded under this paragraph.
[(2) $147,200,000 for performance-based contract administrators for section 8 project-based assistance: Provided, That the Secretary may also use such amounts for performance-based contract administrators for: interest reduction payments pursuant to section 236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant to section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s); Section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance contracts for the elderly under section 202(c)(2) of the Housing Act of 1959, as amended (12 U.S.C. 1701q, 1701q-1); project rental assistance contracts for supportive housing for persons with disabilities under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act; project assistance contracts pursuant to section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans under section 202 of the Housing Act of 1959
(Public Law 86-372; 73 Stat. 667).
[(3) $1,000,000 shall be transferred to the Working Capital Fund: Provided further, That amounts recaptured under this heading, the heading, `Annual Contributions for Assisted Housing,' or the heading, `Housing Certificate Fund,' for project-based section 8 activities may be used for renewals of or amendments to section 8 project-based subsidy contracts or for performance-based contract administrators, notwithstanding the purposes for which such amounts were appropriated.
[Public Housing Capital Fund
[(including transfers of funds)
[For the Public Housing Capital Fund Program to carry out capital and management activities for public housing agencies, as authorized under section 9 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437g) (the
``Act''), $2,600,000,000, to remain available until September 30, 2009: Provided, That notwithstanding any other provision of law or regulation, during fiscal year 2006, the Secretary may not delegate to any Department official other than the Deputy Secretary and the Assistant Secretary for Public and Indian Housing any authority under paragraph (2) of section 9(j) regarding the extension of the time periods under such section: Provided further, That for purposes of such section 9(j), the term ``obligate'' means, with respect to amounts, that the amounts are subject to a binding agreement that will result in outlays, immediately or in the future: Provided further, That of the total amount provided under this heading, up to $11,000,000 shall be for carrying out activities under section 9(h) of such Act: Provided further, That $10,000,000 shall be transferred to the Working Capital Fund: Provided further, That no funds may be used under this heading for the purposes specified in section 9(k) of the United States Housing Act of 1937, as amended: Provided further, That of the total amount provided under this heading, up to $17,000,000 shall be available for the Secretary of Housing and Urban Development to make grants, notwithstanding section 305 of this Act, to public housing agencies for emergency capital needs resulting from unforeseen emergencies and natural disasters occurring in fiscal year 2006: Provided further, That of the total amount provided under this heading, $24,000,000 shall be for supportive services, service coordinators and congregate services as authorized by section 34 of the Act and the Native American Housing Assistance and Self-Determination Act of 1996: Provided further, That up to $8,820,000 is to support the costs of administrative and judicial receiverships.
[Public Housing Operating Fund
[For 2006 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)), $3,600,000,000: Provided, That all funds made available under this heading shall be allocated to public housing agencies in accordance with the terms, conditions, criteria and methodology set forth in the
``Post 4th Session Rule'' issued on June 10, 2004 and shall not be allocated using any other formula unless approved by the Committee: Provided further, That of the total amount provided under this heading, up to $50,000,000 shall be for assistance for the conversion to asset management including project-based accounting, budgeting and management for public housing agencies operating three or more public housing projects, which will under the ``Post 4th Session Rule'' formula experience a loss of subsidy greater than 5 percent from the amount which would otherwise have been receivable under the Performance Funding System regulations superceded by such formula: Provided further, That, in fiscal year 2006 and all fiscal years hereafter, no amounts under this heading in any appropriations Act may be used for payments to public housing agencies for the costs of operation and management of public housing for any year prior to the current year of such Act: Provided further, That no funds may be used under this heading for the purposes specified in section 9(k) of the United States Housing Act of 1937, as amended.
[revitalization of severely distressed public housing (hope vi)
[ For grants to public housing agencies for demolition, site revitalization, replacement housing, and tenant-based assistance grants to projects, as authorized by section 24 of the United States Housing Act of 1937, as amended, and the amounts otherwise provided by this Act for ``INDEPENDENT AGENCIES--General Services Administration--federal buildings fund'' and for building operations under such item are hereby reduced by, $60,000,000.
[Native American Housing Block Grants
[(including transfer of funds)
[For the Native American Housing Block Grants program, as authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), $600,000,000, to remain available until expended. Notwithstanding the Native American Housing Assistance and Self-Determination Act of 1996, to determine the amount of the allocation under title I of such Act for each Indian tribe, the Secretary shall apply the formula under section 302 of such Act with the need component based on single-race Census data and with the need component based on multi-race Census data, and the amount of the allocation for each Indian tribe shall be the greater of the two resulting allocation amounts. Of funds made available under this heading, $1,200,000 shall be contracted through the Secretary as technical assistance and capacity building to be used by the National American Indian Housing Council in support of the implementation of NAHASDA; of which $2,308,000 shall be to support the inspection of Indian housing units, contract expertise, training, and technical assistance in the training, oversight, and management of Indian housing and tenant-based assistance, including up to $300,000 for related travel; of which $45,000,000 shall be for the Indian Community Development Block Grant program under title I of the Housing and Community Development Act of 1974, as amended
(42 U.S.C. 5301 et seq.), for grants to Indian tribes notwithstanding section 106(a)(1) of such Act, to be allocated using the same methodology as fiscal year 2005 funds of which up to $4,000,000 may be used for emergencies that constitute imminent threats to health and safety, notwithstanding any other provision of law (including section 205 of the Act): Provided, That of the amount provided under this heading, $2,000,000 shall be made available for the cost of guaranteed notes and other obligations, as authorized by title VI of NAHASDA: Provided further, That such costs, including the costs of modifying such notes and other obligations, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize the total principal amount of any notes and other obligations, any part of which is to be guaranteed, not to exceed
$17,926,000: Provided further, That for administrative expenses to carry out the guaranteed loan program, up to
$150,000 from amounts in the first proviso, which shall be transferred to and merged with the appropriation for
``Salaries and Expenses''.
[native hawaiian housing block grant
[For the Native Hawaiian Housing Block Grant program, as authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.), $8,815,000, to remain available until expended, of which $352,606 shall be for training and technical assistance activities.
[Indian Housing Loan Guarantee Fund Program Account
[(including transfer of funds)
[For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a), $2,645,000, to remain available until expended: Provided, That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $98,966,942.
[In addition, for administrative expenses to carry out the guaranteed loan program, up to $250,000 from amounts in the first paragraph, which shall be transferred to and merged with the appropriation for ``Salaries and Expenses''.
[Native Hawaiian Housing Loan Guarantee Fund Program Account
[(including transfer of funds)
[For the cost of guaranteed loans, as authorized by section 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b), $882,000, to remain available until expended: Provided, That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $35,000,000.
[In addition, for administrative expenses to carry out the guaranteed loan program, up to $35,000 from amounts in the first paragraph, which shall be transferred to and merged with the appropriation for ``Salaries and Expenses''.
[Community Planning and Development
[Housing Opportunities for Persons With AIDS
[For carrying out the Housing Opportunities for Persons with AIDS program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 12901 et seq.), $285,000,000
(increased by $5,000,000) to remain available until September 30, 2007, except that amounts allocated pursuant to section 854(c)(3) of such Act shall remain available until September 30, 2008: Provided, That the Secretary shall renew all expiring contracts for permanent supportive housing that were funded under section 854(c)(3) of such Act that meet all program requirements before awarding funds for new contracts and activities authorized under this section: Provided further, That the Secretary may use up to $1,000,000 of the funds under this heading for training, oversight, and technical assistance activities.
[rural housing and economic development
[For the Office of Rural Housing and Economic Development in the Department of Housing and Urban Development,
$10,000,000 to remain available until expended, which amount shall be competitively awarded by September 1, 2006, to Indian tribes, State housing finance agencies, State community and/or economic development agencies, local rural nonprofits and community development corporations to support innovative housing and economic development activities in rural areas.
[Community Development Fund
[(including transfers of funds)
[For assistance to units of State and local government, and to other entities, for economic and community development activities, and for other purposes, $4,151,500,000 (increased by $67,500,000) (increased by $24,000,000), to remain available until September 30, 2008, unless otherwise specified: Provided, That of the amount provided,
$3,859,900,000 (increased by $17,500,000) is for carrying out the community development block grant program under title I of the Housing and Community Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 5301 et seq.): Provided further, That unless explicitly provided for under this heading not to exceed 20 percent of any grant made with funds appropriated under this heading shall be expended for planning and management development and administration: Provided further, That $1,600,000 shall be transferred to the Working Capital Fund.
[Of the amount made available under this heading,
$290,000,000 shall be available for grants for the Economic Development Initiative (EDI) to finance a variety of targeted economic investments in accordance with the terms and conditions specified in the statement of managers accompanying this Act: Provided, That none of the funds provided under this paragraph may be used for program operations.
[HOME Investment Partnerships Program
[(including transfer of funds)
[For the HOME investment partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, $1,850,000,000 to remain available until September 30, 2008: Provided, That of the total amount provided in this paragraph, up to $41,700,000 shall be available for housing counseling under section 106 of the Housing and Urban Development Act of 1968, and
$1,000,000 shall be transferred to the Working Capital Fund.
[In addition to amounts otherwise made available under this heading, $50,000,000, to remain available until September 30, 2008, for assistance to homebuyers as authorized under title I of the American Dream Downpayment Act.
[self-help and assisted homeownership opportunity program
[For the Self-Help and Assisted Homeownership Opportunity Program, $60,800,000, to remain available until September 30, 2008: Provided, That of the total amount provided in this heading $23,800,000 shall be made available to the Self Help Homeownership Opportunity Program as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996 as amended: Provided further, That $28,000,000 shall be made available for capacity building, of which $27,000,000 shall be for capacity building for Community Development and affordable Housing for LISC and the Enterprise Foundation for activities authorized by Section 4 of the HUD Demonstration Act of 1993
(42 USC 9816 note), as in effect immediately before June 12, 1997 and $1,000,000 shall be made available for capacity building activities administered by Habitat for Humanity International: Provided further, That $3,000,000 shall be made available to the Housing Assistance Council, $1,000,000 shall be made available to the Native American Indian Housing Council, $4,000,000 shall be made available to the Housing Partnership Network, and $1,000,000 shall be made available to the Special Olympics, to remain available until September 30, 2008.
[Homeless Assistance Grants
[(including transfer of funds)
[For the emergency shelter grants program as authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as amended; the supportive housing program as authorized under subtitle C of title IV of such Act; the section 8 moderate rehabilitation single room occupancy program as authorized under the United States Housing Act of 1937, as amended, to assist homeless individuals pursuant to section 441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus care program as authorized under subtitle F of title IV of such Act, $1,340,000,000, of which
$1,320,000,000 shall remain available until September 30, 2008, and of which $20,000,000 shall remain available until expended: Provided, That not less than 30 percent of funds made available, excluding amounts provided for renewals under the shelter plus care program, shall be used for permanent housing: Provided further, That all funds awarded for services shall be matched by 25 percent in funding by each grantee: Provided further, That the Secretary shall renew on an annual basis expiring contracts or amendments to contracts funded under the shelter plus care program if the program is determined to be needed under the applicable continuum of care and meets appropriate program requirements and financial standards, as determined by the Secretary: Provided further, That all awards of assistance under this heading shall be required to coordinate and integrate homeless programs with other mainstream health, social services, and employment programs for which homeless populations may be eligible, including Medicaid, State Children's Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps, and services funding through the Mental Health and Substance Abuse Block Grant, Workforce Investment Act, and the Welfare-to-Work grant program: Provided further, That up to $11,674,000 of the funds appropriated under this heading shall be available for the national homeless data analysis project and technical assistance: Provided further, That
$1,000,000 of the funds appropriated under this heading shall be transferred to the Working Capital Fund: Provided further, That all balances for Shelter Plus Care renewals previously funded from the Shelter Plus Care Renewal account and transferred to this account be available, if recaptured, for Shelter Plus Care renewals in fiscal year 2006.
[Housing Programs
[Housing for the Elderly
[(including transfer of funds)
[For capital advances, including amendments to capital advance contracts, for housing for the elderly, as authorized by section 202 of the Housing Act of 1959, as amended, and for project rental assistance for the elderly under section 202(c)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for supportive services associated with the housing, $741,000,000, to remain available until September 30, 2009, of which amount
$49,600,000 shall be for service coordinators and the continuation of existing congregate service grants for residents of assisted housing projects, and of which amount up to $24,800,000 shall be for grants under section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects under such section to assisted living or related use and for emergency capital repairs as determined by the Secretary: Provided, That amounts made available under this heading shall be available for Real Estate Assessment Center inspections and inspection-related activities associated with section 202 capital advance projects: Provided further, That $400,000 shall be transferred to the Working Capital Fund: Provided further, That the Secretary may waive the provisions of section 202 governing the terms and conditions of project rental assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration.
[Housing for Persons With Disabilities
[(including transfer of funds)
[For capital advance contracts, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act, for project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for supportive services associated with the housing for persons with disabilities as authorized by section 811(b)(1) of such Act, and for tenant-based rental assistance contracts entered into pursuant to section 811 of such Act, $238,100,000 to remain available until September 30, 2009: Provided, That $400,000 shall be transferred to the Working Capital Fund: Provided further, That, of the amount provided under this heading $78,300,000 shall be for amendments or renewal of tenant-based assistance contracts entered into prior to fiscal year 2005 (only one amendment authorized for any such contract): Provided further, That of the amount provided under this heading, the Secretary may make available up to $5,000,000 for incremental tenant-based rental assistance, as authorized by section 811 of such Act
(which assistance is 5 years in duration): Provided further, That all tenant-based assistance made available under this heading shall continue to remain available only to persons with disabilities: Provided further, That the Secretary may waive the provisions of section 811 governing the terms and conditions of project rental assistance and tenant-based assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration: Provided further That amounts made available under this heading shall be available for Real Estate Assessment Center Inspections and inspection-related activities associated with Section 811 Capital Advance Projects.
[other assisted housing programs
[rental housing assistance
[For amendments to contracts under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-insured rental housing projects,
$26,400,000, to remain available until expended.
[Flexible Subsidy Fund
[(transfer of funds)
[From the Rental Housing Assistance Fund, all uncommitted balances of excess rental charges as of September 30, 2005, and any collections made during fiscal year 2006 and all subsequent fiscal years, shall be transferred to the Flexible Subsidy Fund, as authorized by section 236(g) of the National Housing Act, as amended.
[Payment to Manufactured Housing Fees Trust Fund
[For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 U.S.C. 5401 et seq.), up to $12,896,000 to remain available until expended, to be derived from the Manufactured Housing Fees Trust Fund: Provided, That not to exceed the total amount appropriated under this heading shall be available from the general fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the Fund pursuant to section 620 of such Act: Provided further, That the amount made available under this heading from the general fund shall be reduced as such collections are received during fiscal year 2006 so as to result in a final fiscal year 2006 appropriation from the general fund estimated at not more than $0 and fees pursuant to such section 620 shall be modified as necessary to ensure such a final fiscal year 2006 appropriation.
[Federal Housing Administration
[mutual mortgage insurance program account
[(including transfers of funds)
[During fiscal year 2006, commitments to guarantee loans to carry out the purposes of section 203(b) of the National Housing Act, as amended, shall not exceed a loan principal of
$185,000,000,000.
[During fiscal year 2006, obligations to make direct loans to carry out the purposes of section 204(g) of the National Housing Act, as amended, shall not exceed $50,000,000: Provided, That the foregoing amount shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under the Mutual Mortgage Insurance Fund.
[For administrative expenses necessary to carry out the guaranteed and direct loan program, $355,000,000, of which not to exceed $351,000,000 shall be transferred to the appropriation for ``Salaries and expenses''; and not to exceed $4,000,000 shall be transferred to the appropriation for ``Office of Inspector General''. In addition, for administrative contract expenses, $62,600,000, of which
$18,281,000 shall be transferred to the Working Capital Fund: Provided, That to the extent guaranteed loan commitments exceed $65,500,000,000 on or before April 1, 2006, an additional $1,400 for administrative contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below $1,000,000), but in no case shall funds made available by this proviso exceed $30,000,000.
[General and Special Risk Program Account
[(including transfers of funds)
[For the cost of guaranteed loans, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including the cost of loan guarantee modifications, as that term is defined in section 502 of the Congressional Budget Act of 1974, as amended, $8,800,000, to remain available until expended: Provided, That commitments to guarantee loans shall not exceed $35,000,000,000 in total loan principal, any part of which is to be guaranteed.
[Gross obligations for the principal amount of direct loans, as authorized by sections 204(g), 207(l), 238, and 519(a) of the National Housing Act, shall not exceed
$50,000,000, of which not to exceed $30,000,000 shall be for bridge financing in connection with the sale of multifamily real properties owned by the Secretary and formerly insured under such Act; and of which not to exceed $20,000,000 shall be for loans to nonprofit and governmental entities in connection with the sale of single-family real properties owned by the Secretary and formerly insured under such Act.
[In addition, for administrative expenses necessary to carry out the guaranteed and direct loan programs,
$231,400,000, of which $211,400,000 shall be transferred to the appropriation for ``Salaries and Expenses''; and of which
$20,000,000 shall be transferred to the appropriation for
``Office of Inspector General''.
[In addition, for administrative contract expenses necessary to carry out the guaranteed and direct loan programs, $71,900,000, of which $10,800,000 shall be transferred to the Working Capital Fund: Provided, That to the extent guaranteed loan commitments exceed $8,426,000,000 on or before April 1, 2006, an additional $1,980 for administrative contract expenses shall be available for each
$1,000,000 in additional guaranteed loan commitments over
$8,426,000,000 (including a pro rata amount for any increment below $1,000,000), but in no case shall funds made available by this proviso exceed $14,400,000.
[Government National Mortgage Association
[Guarantees of Mortgage-Backed Securities Loan Guarantee Program
Account
[(including transfer of funds)
[New commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)), shall not exceed
$200,000,000,000, to remain available until September 30, 2007.
[For administrative expenses necessary to carry out the guaranteed mortgage-backed securities program, $10,700,000, to be derived from the GNMA guarantees of mortgage-backed securities guaranteed loan receipt account, of which not to exceed $10,700,000, shall be transferred to the appropriation for ``Salaries and Expenses''.
[Policy Development and Research
[Research and Technology
[For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.), including carrying out the functions of the Secretary under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $60,600,000, to remain available until September 30, 2007: Provided, That of the total amount provided under this heading, $5,000,000 shall be for the Partnership for Advancing Technology in Housing
(PATH) Initiative: Provided further, That of the amounts made available for PATH under this heading, $2,500,000 shall not be subject to the requirements of section 305 of this title: Provided further, That of funds made available under this heading, $750,000 shall be transferred to the National Research Council for a study in accordance with the accompanying Report: Provided further, That $29,038,000 is for grants pursuant to section 107 of the Housing and Community Development Act of 1974, as amended, as follows:
$2,989,000 to support Alaska Native serving institutions and Native Hawaiian serving institutions as defined under the Higher Education Act, as amended; $2,562,000 for tribal colleges and universities to build, expand, renovate, and equip their facilities and to expand the role of the colleges into the community through the provision of needed services such as health programs, job training and economic development activities; $8,967,000 for Historically Black Colleges and Universities program, of which up to $2,000,000 may be used for technical assistance; $5,979,000 for the Community Outreach Partnership Program; $5,979,000 for the Hispanic Serving Institutions Program; and $2,562,000 for the Community Development Work Study Program.
[Fair Housing and Equal Opportunity
[Fair Housing Activities
[For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and section 561 of the Housing and Community Development Act of 1987, as amended, $38,800,000 (increased by $7,700,000), to remain available until September 30, 2007, of which $16,100,000 (increased by $3,900,000) shall be to carry out activities pursuant to such section 561: Provided, That no funds made available under this heading shall be used to lobby the executive or legislative branches of the Federal Government in connection with a specific contract, grant or loan.
[Office of Lead Hazard Control
[Lead Hazard Reduction
[For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, $119,000,000 (increased by
$47,656,000), to remain available until September 30, 2007, of which $8,800,000 shall be for the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970 that shall include research, studies, testing, and demonstration efforts, including education and outreach concerning lead-based paint poisoning and other housing-related diseases and hazards: Provided, That for purposes of environmental review, pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other provisions of law that further the purposes of such Act, a grant under the Healthy Homes Initiative, Operation Lead Elimination Action Plan (LEAP), or the Lead Technical Studies program under this heading or under prior appropriations Acts for such purposes under this heading, shall be considered to be funds for a special project for purposes of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994.
[Management and Administration
[Salaries and Expenses
[(including transfer of funds)
[For necessary administrative and non-administrative expenses of the Department of Housing and Urban Development, not otherwise provided for, including purchase of uniforms, or allowances therefore, as authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed $25,000 for official reception and representation expenses, $1,152,535,000, of which
$562,400,000 shall be provided from the various funds of the Federal Housing Administration, $10,700,000 shall be provided from funds of the Government National Mortgage Association,
$150,000 shall be provided by transfer from the ``Native American housing block grants'' account, $250,000 shall be provided by transfer from the ``Indian housing loan guarantee fund program'' account and $35,000 shall be transferred from the ``Native Hawaiian housing loan guarantee fund'' account: Provided, That funds made available under this heading shall only be allocated in the manner specified in the Report accompanying this Act unless the Committees on Appropriations of both the House of Representatives and the Senate are notified of any changes in an operating plan or reprogramming: Provided further, That no official or employee of the Department shall be designated as an allotment holder unless the Office of the Chief Financial Officer (OCFO) has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control procedures and directives: Provided further, That the Chief Financial Officer shall establish positive control of and maintain adequate systems of accounting for appropriations and other available funds as required by 31 U.S.C. 1514: Provided further, That for purposes of funds control and determining whether a violation exists under the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of obligation shall be the executed agreement or contract, except with respect to insurance and guarantee programs, certain types of salaries and expenses funding, and incremental funding that is authorized under an executed agreement or contract, and shall be designated in the approved funds control plan: Provided further, That the Chief Financial Officer shall: (1) appoint qualified personnel to conduct investigations of potential or actual violations; (2) establish minimum training requirements and other qualifications for personnel that may be appointed to conduct investigations; (3) establish guidelines and timeframes for the conduct and completion of investigations; (4) prescribe the content, format and other requirements for the submission of final reports on violations; and (5) prescribe such additional policies and procedures as may be required for conducting investigations of, and administering, processing, and reporting on, potential and actual violations of the Anti-Deficiency Act and all other statutes and regulations governing the obligation and expenditure of funds made available in this or any other Act: Provided further, That up to $15,000,000 may be transferred to the Working Capital Fund.
[Working Capital Fund
[For additional capital for the Working Capital Fund (42 U.S.C. 3535) for the development of, modifications to, and infrastructure for Department-wide information technology systems, for the continuing operation of both Department-wide and program-specific information systems, and for program-related development activities, $165,000,000 (reduced by
$120,000,000) (reduced by $5,000,000), to remain available until September 30, 2007: Provided, That any amounts transferred to this Fund under this Act shall remain available until expended: Provided further, That any amounts transferred to this Fund from amounts appropriated by previously enacted appropriations Acts or from within this Act may be used for the purposes specified under this Fund, in addition to the purposes for which such amounts were appropriated.
[Office of Inspector General
[(including transfer of funds)
[For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $103,000,000, of which $24,000,000 shall be provided from the various funds of the Federal Housing Administration: Provided, That the Inspector General shall have independent authority over all personnel issues within this office.
[Office of Federal Housing Enterprise Oversight
[Salaries and Expenses
[(including transfer of funds)
[For carrying out the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, including not to exceed
$500 for official reception and representation expenses,
$60,000,000, to remain available until expended, to be derived from the Federal Housing Enterprises Oversight Fund: Provided, That of the amount made available under this heading, $5,000,000 is for litigation and to continue ongoing special investigations of the Federal housing enterprises: Provided further, That the Director shall submit a spending plan for the amounts provided under this heading no later than January 15, 2005: Provided further, That not less than 80 percent of total amount made available under this heading shall be used only for examination, supervision, and capital oversight of the enterprises (as such term is defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure that the enterprises are operating in a financially safe and sound manner and complying with the capital requirements under Subtitle B of such Act: Provided further, That not to exceed the amount provided herein shall be available from the general fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the Fund: Provided further, That the general fund amount shall be reduced as collections are received during the fiscal year so as to result in a final appropriation from the general fund estimated at not more than $0.
[Administrative Provisions
[Sec. 301. Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded, or in the case of cash, shall be remitted to the Treasury, and such amounts of budget authority or cash recaptured and not rescinded or remitted to the Treasury shall be used by State housing finance agencies or local governments or local housing agencies with projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their project at a lower interest rate.
[Sec. 302. None of the amounts made available under this Act may be used during fiscal year 2006 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a non-frivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a Government official or entity, or a court of competent jurisdiction.
[Sec. 303. (a) Notwithstanding section 854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts made available under this title for fiscal year 2006 that are allocated under such section, the Secretary of Housing and Urban Development shall allocate and make a grant, in the amount determined under subsection (b), for any State that--
[(1) received an allocation in a prior fiscal year under clause (ii) of such section; and
[(2) is not otherwise eligible for an allocation for fiscal year 2006 under such clause (ii) because the areas in the State outside of the metropolitan statistical areas that qualify under clause (i) in fiscal year 2006 do not have the number of cases of acquired immunodeficiency syndrome (AIDS) required under such clause.
[(b) The amount of the allocation and grant for any State described in subsection (a) shall be an amount based on the cumulative number of AIDS cases in the areas of that State that are outside of metropolitan statistical areas that qualify under clause (i) of such section 854(c)(1)(A) in fiscal year 2006, in proportion to AIDS cases among cities and States that qualify under clauses (i) and (ii) of such section and States deemed eligible under subsection (a).
[(c) Notwithstanding any other provision of law, the amount allocated for fiscal year 2006 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New York, on behalf of the New York-Wayne-White Plains, New York-New Jersey Metropolitan Division
(hereafter ``metropolitan division'') of the New York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be adjusted by the Secretary of Housing and Urban Development by: (1) allocating to the City of Jersey City, New Jersey, the proportion of the metropolitan area's or division's amount that is based on the number of cases of AIDS reported in the portion of the metropolitan area or division that is located in Hudson County, New Jersey, and adjusting for the proportion of the metropolitan division's high incidence bonus if this area in New Jersey also has a higher than average per capita incidence of AIDS; and (2) allocating to the City of Paterson, New Jersey, the proportion of the metropolitan area's or division's amount that is based on the number of cases of AIDS reported in the portion of the metropolitan area or division that is located in Bergen County and Passaic County, New Jersey, and adjusting for the proportion of the metropolitan division's high incidence bonus if this area in New Jersey also has a higher than average per capita incidence of AIDS. The recipient cities shall use amounts allocated under this subsection to carry out eligible activities under section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective portions of the metropolitan division that is located in New Jersey.
[(d) Notwithstanding any other provision of law, the amount allocated for fiscal year 2006 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than average per capita incidence of AIDS, shall be adjusted by the Secretary on the basis of area incidence reported over a three year period.
[Sec. 304. (a) During fiscal year 2006, in the provision of rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the economy and effectiveness of providing such assistance for use in assisted living facilities that is carried out in the counties of the State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o), a family residing in an assisted living facility in any such county, on behalf of which a public housing agency provides assistance pursuant to section 8(o)(18) of such Act, may be required, at the time the family initially receives such assistance, to pay rent in an amount exceeding 40 percent of the monthly adjusted income of the family by such a percentage or amount as the Secretary of Housing and Urban Development determines to be appropriate.
[Sec. 305. Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title III of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989.
[Sec. 306. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1831).
[Sec. 307. Unless otherwise provided for in this Act or through a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for any program, project or activity in excess of amounts set forth in the budget estimates submitted to Congress.
[Sec. 308. Corporations and agencies of the Department of Housing and Urban Development which are subject to the Government Corporation Control Act, as amended, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for 2006 for such corporation or agency except as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriations Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United States Government.
[Sec. 309. None of the funds provided in this title for technical assistance, training, or management improvements may be obligated or expended unless HUD provides to the Committees on Appropriations a description of each proposed activity and a detailed budget estimate of the costs associated with each program, project or activity as part of the Budget Justifications. For fiscal year 2006, HUD shall transmit this information to the Committees by March 15, 2006 for 30 days of review.
[Sec. 310. The Secretary of Housing and Urban Development shall provide quarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request.
[Sec. 311. Notwithstanding any other provision of law, in fiscal year 2006, in managing and disposing of any multifamily property that is owned or held by the Secretary and is occupied primarily by elderly or disabled families, the Secretary of Housing and Urban Development shall maintain any rental assistance payments under section 8 of the United States Housing Act of 1937 that are attached to any dwelling units in the property. To the extent the Secretary determines that such a multifamily property owned or held by the Secretary is not feasible for continued rental assistance payments under such section 8, the Secretary may, in consultation with the tenants of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties or provide other rental assistance.
[Sec. 312. (a) Notwithstanding any other provision of law, the amount allocated for fiscal year 2006 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey Metropolitan Division (hereafter ``metropolitan division''), shall be adjusted by the Secretary of Housing and Urban Development by allocating to the State of New Jersey the proportion of the metropolitan division's amount that is based on the number of cases of AIDS reported in the portion of the metropolitan division that is located in New Jersey, and adjusting for the proportion of the metropolitan division's high incidence bonus if this area in New Jersey also has a higher than average per capita incidence of AIDS. The State of New Jersey shall use amounts allocated to the State under this subsection to carry out eligible activities under section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the metropolitan division that is located in New Jersey.
[(b) Notwithstanding any other provision of law, the Secretary of Housing and Urban Development shall allocate to Wake County, North Carolina, the amounts that otherwise would be allocated for fiscal year 2006 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any amounts allocated to Wake County shall be used to carry out eligible activities under section 855 of such Act (42 U.S.C. 12904) within such metropolitan statistical area.
[(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban Development may adjust the allocation of the amounts that otherwise would be allocated for fiscal year 2006 under section 854(c) of such Act, upon the written request of an applicant, in conjunction with the State(s), for a formula allocation on behalf of a metropolitan statistical area, to designate the State or States in which the metropolitan statistical area is located as the eligible grantee(s) of the allocation. In the case that a metropolitan statistical area involves more than one State, such amounts allocated to each State shall be in proportion to the number of cases of AIDS reported in the portion of the metropolitan statistical area located in that State. Any amounts allocated to a State under this section shall be used to carry out eligible activities within the portion of the metropolitan statistical area located in that State.
[Sec. 313. Notwithstanding any other provision of law, for this fiscal year and every fiscal year thereafter, funds appropriated for housing for the elderly, as authorized by section 202 of the Housing Act of 1959, as amended, and for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act, shall be available for the cost of maintaining and disposing of such properties that are acquired or otherwise become the responsibility of the Department.
[Sec. 314. The Secretary of Housing and Urban Development shall submit an annual report no later than August 30, 2006 and annually thereafter to the House and Senate Committees on Appropriations regarding the number of Federally assisted units under lease and the per unit cost of these units to the Department of Housing and Urban Development.
[Sec. 315. The Department of Housing and Urban Development shall submit the Department's fiscal year 2006 congressional budget justifications to the Committees on Appropriations of the House of Representatives and the Senate using the identical structure provided under this Act and only in accordance with the direction specified in the report accompanying this Act.
[Sec. 316. That incremental vouchers previously made available under the heading ``Housing Certificate Fund'' or renewed under the heading, ``Tenant-Based Rental Assistance,'' for non-elderly disabled families shall, to the extent practicable, continue to be provided to non-elderly disabled families upon turnover.
[Sec. 317. A public housing agency or such other entity that administers Federal housing assistance in the States of Alaska, Iowa, and Mississippi shall not be required to include a resident of public housing or a recipient of assistance provided under section 8 of the United States Housing Act of 1937 on the board of directors or a similar governing board of such agency or entity as required under section (2)(b) of such Act. Each public housing agency or other entity that administers Federal housing assistance under section 8 in the States of Alaska, Iowa and Mississippi shall establish an advisory board of not less than 6 residents of public housing or recipients of section 8 assistance to provide advice and comment to the public housing agency or other administering entity on issues related to public housing and section 8. Such advisory board shall meet not less than quarterly.
[Sec. 318. The funds made available for Native Alaskans under the heading ``Native American Housing Block Grants'' in title II of this Act shall be allocated to the same Native Alaskan housing block grant recipients that received funds in fiscal year 2005.
[Sec. 319. No funds provided under this title may be used for an audit of the Government National Mortgage Association that makes applicable requirements under the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
[Sec. 320. Clarification Regarding Mortgage Insurance for Purchase of Existing Health Care Facilities.--Section 223(f)(1) of the National Housing Act is amended by inserting
``purchase or'' immediately before ``refinancing of existing debt''.
[Sec. 321. Notwithstanding any other provision of law, for fiscal year 2006 and thereafter, all mortgagees receiving interest reduction payments under section 236 of the National Housing Act (12 U.S.C. 1715z-1) shall submit only electronic invoices to the Department of Housing and Development in order to receive such payments.The mortgagees shall comply with this requirement no later than 90 days from the date of enactment of this provision.
[Sec. 322. Notwithstanding any other provision of law, the recipient of a grant under section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) after December 26, 2000, in accordance with the unnumbered paragraph at the end of section 202b(b) of such Act, may, at its option, establish a single-asset nonprofit entity to own the project and may lend the grant funds to such entity, which may be a private nonprofit organization described in section 831 of the American Homeownership and Economic Opportunity Act of 2000.
[TITLE IV--THE JUDICIARY
[Supreme Court of the United States
[Salaries and Expenses
[For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including purchase or hire, driving, maintenance, and operation of an automobile for the Chief Justice, not to exceed $10,000 for the purpose of transporting Associate Justices, and hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve, $60,730,000, of which $2,000,000 shall remain available until expended.
[Care of the Building and Grounds
[For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $5,624,000, which shall remain available until expended.
[United States Court of Appeals for the Federal Circuit
[Salaries and Expenses
[For salaries of the chief judge, judges, and other officers and employees, and for necessary expenses of the court, as authorized by law, $24,613,000.
[United States Court of International Trade
[Salaries and Expenses
[For salaries of the chief judge and eight judges, salaries of the officers and employees of the court, services, and necessary expenses of the court, as authorized by law,
$15,480,000.
[Courts of Appeals, District Courts, and Other Judicial Services
[Salaries and Expenses
[For the salaries of circuit and district judges (including judges of the territorial courts of the United States), justices and judges retired from office or from regular active service, judges of the United States Court of Federal Claims, bankruptcy judges, magistrate judges, and all other officers and employees of the Federal Judiciary not otherwise specifically provided for, and necessary expenses of the courts, as authorized by law, $4,348,780,000 (including the purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space alteration projects and for furniture and furnishings related to new space alteration and construction projects; of which
$1,300,000 of the funds provided for the Judiciary Information Technology Fund will be for the Edwin L. Nelson Local Initiatives Program, within which $1,000,000 will be reserved for local court grants.
[In addition, for expenses of the United States Court of Federal Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed
$3,833,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.
[Defender Services
[For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to represent persons under the Criminal Justice Act of 1964, as amended (18 U.S.C. 3006A); the compensation and reimbursement of expenses of persons furnishing investigative, expert and other services under the Criminal Justice Act of 1964 as amended
(18 U.S.C. 3006A(e)); the compensation (in accordance with Criminal Justice Act maximums) and reimbursement of expenses of attorneys appointed to assist the court in criminal cases where the defendant has waived representation by counsel; the compensation and reimbursement of travel expenses of guardians ad litem acting on behalf of financially eligible minor or incompetent offenders in connection with transfers from the United States to foreign countries with which the United States has a treaty for the execution of penal sentences; the compensation of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d); and for necessary training and general administrative expenses,
$721,919,000, to remain available until expended.
[Fees of Jurors and Commissioners
[For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876; compensation of jury commissioners as authorized by 28 U.S.C. 1863; and compensation of commissioners appointed in condemnation cases pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)), $60,053,000, to remain available until expended: Provided, That the compensation of land commissioners shall not exceed the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code.
[Court Security
[(including transfer of funds)
[For necessary expenses, not otherwise provided for, incident to the provision of protective guard services for United States courthouses and other facilities housing Federal court operations, and the procurement, installation, and maintenance of security systems and equipment for United States courthouses and other facilities housing Federal court operations, including building ingress-egress control, inspection of mail and packages, directed security patrols, perimeter security, basic security services provided by the Federal Protective Service, and other similar activities as authorized by section 1010 of the Judicial Improvement and Access to Justice Act (Public Law 100-702), $379,461,000, of which not to exceed $15,000,000 shall remain available until expended, to be expended directly or transferred to the United States Marshals Service, which shall be responsible for administering the Judicial Facility Security Program consistent with standards or guidelines agreed to by the Director of the Administrative Office of the United States Courts and the Attorney General.
[Administrative Office of the United States Courts
[Salaries and Expenses
[For necessary expenses of the Administrative Office of the United States Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 U.S.C. 1343(b), advertising and rent in the District of Columbia and elsewhere, $70,262,000, of which not to exceed $8,500 is authorized for official reception and representation expenses.
[Federal Judicial Center
[Salaries and Expenses
[For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90-219, $22,249,000; of which
$1,800,000 shall remain available through September 30, 2007, to provide education and training to Federal court personnel; and of which not to exceed $1,500 is authorized for official reception and representation expenses.
[Judicial Retirement Funds
[Payment to Judiciary Trust Funds
[For payment to the Judicial Officers' Retirement Fund, as authorized by 28 U.S.C. 377(o), $36,800,000; to the Judicial Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$600,000; and to the United States Court of Federal Claims Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$3,200,000.
[United States Sentencing Commission
[Salaries and Expenses
[For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code,
$14,046,000, of which not to exceed $1,000 is authorized for official reception and representation expenses.
[Administrative Provisions--The Judiciary
[Sec. 401. Appropriations and authorizations made in this title which are available for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109.
[Sec. 402. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Judiciary in this Act may be transferred between such appropriations, but no such appropriation, except ``Courts of Appeals, District Courts, and Other Judicial Services, Defender Services'' and ``Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and Commissioners'', shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 810 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.
[Sec. 403. Notwithstanding any other provision of law, the salaries and expenses appropriation for Courts of Appeals, District Courts, and Other Judicial Services shall be available for official reception and representation expenses of the Judicial Conference of the United States: Provided, That such available funds shall not exceed $11,000 and shall be administered by the Director of the Administrative Office of the United States Courts in the capacity as Secretary of the Judicial Conference.
[TITLE V--THE DISTRICT OF COLUMBIA
[Federal Funds
[Federal Payment for Resident Tuition Support
[For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition support, $33,200,000, to remain available until expended: Provided, That such funds, including any interest accrued thereon, may be used on behalf of eligible District of Columbia residents to pay an amount based upon the difference between in-State and out-of-State tuition at public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher education: Provided further, That the awarding of such funds may be prioritized on the basis of a resident's academic merit, the income and need of eligible students and such other factors as may be authorized: Provided further, That the District of Columbia government shall maintain a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further, That the account shall be under the control of the District of Columbia Chief Financial Officer, who shall use those funds solely for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial Officer shall provide a quarterly financial report to the Committees on Appropriations of the House of Representatives and Senate for these funds showing, by object class, the expenditures made and the purpose therefor: Provided further, That not more than $1,200,000 of the total amount appropriated for this program may be used for administrative expenses.
[Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
[For necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or city officials of surrounding jurisdictions,
$15,000,000, to remain available until expended, to reimburse the District of Columbia for the costs of providing public safety at events related to the presence of the national capital in the District of Columbia and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the District of Columbia or surrounding jurisdictions: Provided, That any amount provided under this heading shall be available only after notice of its proposed use has been transmitted by the President to Congress and such amount has been apportioned pursuant to chapter 15 of title 31, United States Code.
[Federal Payment to the District of Columbia Courts
[For salaries and expenses for the District of Columbia Courts, $221,693,000, to be allocated as follows: for the District of Columbia Court of Appeals, $9,198,000, of which not to exceed $1,500 is for official reception and representation expenses; for the District of Columbia Superior Court, $87,342,000, of which not to exceed $1,500 is for official reception and representation expenses; for the District of Columbia Court System, $41,643,000, of which not to exceed $1,500 is for official reception and representation expenses; and $83,510,000, to remain available until September 30, 2007, for capital improvements for District of Columbia courthouse facilities: Provided, That notwithstanding any other provision of law, a single contract or related contracts for development and construction of facilities may be employed which collectively include the full scope of the project: Provided further, That the solicitation and contract shall contain the clause
``availability of Funds'' found at 48 CFR 52.232-18: Provided further, That funds made available for capital improvements shall be expended consistent with the General Services Administration master plan study and building evaluation report: Provided further, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the General Services Administration (GSA), and such services shall include the preparation of monthly financial reports, copies of which shall be submitted directly by GSA to the President and to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate: Provided further, That 30 days after providing written notice to the Committees on Appropriations of the House of Representatives and Senate, the District of Columbia Courts may reallocate not more than $1,000,000 of the funds provided under this heading among the items and entities funded under this heading for operations, and not more than 4 percent of the funds provided under this heading for facilities.
[Defender Services in District of Columbia Courts
[For payments authorized under section 11-2604 and section 11-2605, D.C. Official Code (relating to representation provided under the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Official Code, or pursuant to contractual agreements to provide guardian ad litem representation, training, technical assistance and such other services as are necessary to improve the quality of guardian ad litem representation, payments for counsel appointed in adoption proceedings under chapter 3 of title 16, D.C. Code, and payments for counsel authorized under section 21-2060, D.C. Official Code (relating to representation provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $45,000,000, to remain available until expended: Provided, That the funds provided in this Act under the heading ``Federal Payment to the District of Columbia Courts'' (other than the $83,510,000 provided under such heading for capital improvements for District of Columbia courthouse facilities) may also be used for payments under this heading: Provided further, That in addition to the funds provided under this heading, the Joint Committee on Judicial Administration in the District of Columbia may use funds provided in this Act under the heading ``Federal Payment to the District of Columbia Courts'' (other than the $83,510,000 provided under such heading for capital improvements for District of Columbia courthouse facilities), to make payments described under this heading for obligations incurred during any fiscal year: Provided further, That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided futher, That notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the General Services Administration (GSA), and such services shall include the preparation of monthly financial reports, copies of which shall be submitted directly by GSA to the President and to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate.
[Federal Payment to the Court Services and Offender Supervision Agency for the District of Columbia
[(including transfer of funds)
[For salaries and expenses, including the transfer and hire of motor vehicles, of the Court Services and Offender Supervision Agency for the District of Columbia and the Public Defender Service for the District of Columbia, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $203,388,000, of which not to exceed $2,000 is for official receptions and representation expenses related to Community Supervision and Pretrial Services Agency programs; of which not to exceed
$25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002; of which
$131,360,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons; of which $42,195,000 shall be available to the Pretrial Services Agency; and of which $29,833,000 shall be transferred to the Public Defender Service for the District of Columbia: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further, That the Director is authorized to accept and use gifts in the form of in-kind contributions of space and hospitality to support offender and defendant programs, and equipment and vocational training services to educate and train offenders and defendants: Provided further, That the Director shall keep accurate and detailed records of the acceptance and use of any gift or donation under the previous proviso, and shall make such records available for audit and public inspection: Provided further, That the Court Services and Offender Supervision Agency Director is authorized to accept and use reimbursement from the D.C. Government for space and services provided on a cost reimbursable basis: Provided further, That the Public Defender Service is authorized to charge fees to cover costs of materials distributed and training provided to attendees of educational events, including conferences, sponsored by the Public Defender Service, and notwithstanding section 3302 of title 31, United States Code, said fees shall be credited to the Public Defender Service account to be available for use without further appropriation.
[Federal Payment to the District of Columbia
[Water and Sewer Authority
[For a Federal payment to the District of Columbia Water and Sewer Authority, $10,000,000, to remain available until expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water and Sewer Authority provides a 100 percent match for this payment.
[Federal Payment for the Anacostia Waterfront Initiative
[For a Federal payment to the District of Columbia Department of Transportation, $5,000,000, to remain available until September 30, 2007, for design and construction of a continuous pedestrian and bicycle trail system from the Potomac River to the District's border with Maryland.
[Federal Payment to the Criminal Justice Coordinating Council
[For a Federal payment to the Criminal Justice Coordinating Council, $1,300,000, to remain available until expended, to support initiatives related to the coordination of Federal and local criminal justice resources in the District of Columbia.
[Federal Payment to the Office of the Chief Financial Officer of the
District of Columbia
[For a Federal payment to the Office of the Chief Financial Officer of the District of Columbia, $20,000,000: Provided, That each entity that receives funding under this heading shall submit to the Office of the Chief Financial Officer of the District of Columbia (CFO) a report on the activities to be carried out with such funds no later than March 15, 2006, and the CFO shall submit a comprehensive report to the Committees on Appropriations of the House of Representatives and the Senate no later June 1, 2006.
[Federal Payment for School Improvement
[For a Federal payment for a school improvement program in the District of Columbia, $41,616,000, to be allocated as follows: for the District of Columbia Public Schools,
$13,525,000 to improve public school education in the District of Columbia; for the State Education Office,
$13,525,000 to expand quality public charter schools in the District of Columbia, to remain available until September 30, 2007; for the Secretary of the Department of Education,
$14,566,000 to provide opportunity scholarships for students in the District of Columbia in accordance with division C, title III of the District of Columbia Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), of which up to
$1,000,000 may be used to administer and fund assessments.
[Federal Payment for Bioterrorism and Forensics Laboratory
[For a Federal payment to the District of Columbia,
$7,200,000, to remain available until September 30, 2007, for design, planning, and procurement costs associated with the construction of a bioterrorism and forensics laboratory: Provided, That the District of Columbia shall provide an additional $1,500,000 with local funds as a condition of receiving this payment.
[District of Columbia Funds
[The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided: Provided, That notwithstanding any other provision of law, except as provided in section 450A of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50a) and provisions of this Act, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2006 under this heading shall not exceed the lesser of the sum of the total revenues of the District of Columbia for such fiscal year or $8,700,158,000 (of which
$5,007,344,000 shall be from local funds, $1,921,287,000 shall be from Federal grant funds, $1,754,399,000 shall be from other funds, and $17,129,000 shall be from private funds), in addition, $163,116,000 from funds previously appropriated in this Act as Federal payments: Provided further, That of the local funds, $466,830,000 shall be derived from the District's general fund balance: Provided further, That of these funds the District's intradistrict authority shall be $468,486,000: Provided further, That the amounts provided under this heading are to be allocated and expended as proposed under ``Title II-District of Columbia Funds'' of the Fiscal Year 2006 Proposed Budget and Financial Plan submitted to the Congress of the United States by the District of Columbia on June 6, 2005: Provided further, That this amount may be increased by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further, That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act as amended by this Act: Provided further, That the Chief Financial Officer of the District of Columbia shall take such steps as are necessary to assure that the District of Columbia meets these requirements, including the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal year 2006, except that the Chief Financial Officer may not reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.
[Governmental Direction and Support
[Administrative Provisions--District of Columbia
[Sec. 501. Whenever in this title, an amount is specified within an appropriation for a particular purposes or objects of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount that may be expended for said purpose or object rather than an amount set apart exclusively therefor.
[Sec. 502. Appropriations in this title shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor, or, in the case of the Council of the District of Columbia, funds may be expended with the authorization of the Chairman of the Council.
[Sec. 503. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia government.
[Sec. 504. (a) Except as provided in subsection (b), no part of this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature.
[(b) The District of Columbia may use local funds provided in this title to carry out lobbying activities on any matter other than--
[(1) the promotion or support of any boycott; or
[(2) statehood for the District of Columbia or voting representation in Congress for the District of Columbia.
[(c) Nothing in this section may be construed to prohibit any elected official from advocating with respect to any of the issues referred to in subsection (b).
[Sec. 505. (a) None of the funds provided under this title to the agencies funded by this title, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2006, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this title, shall be available for obligation or expenditures for an agency through a reprogramming of funds which--
[(1) creates new programs;
[(2) eliminates a program, project, or responsibility center;
[(3) establishes or changes allocations specifically denied, limited or increased under this Act;
[(4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted;
[(5) reestablishes any program or project previously deferred through reprogramming;
[(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of $3,000,000 or 10 percent, whichever is less; or
[(7) increases by 20 percent or more personnel assigned to a specific program, project or responsibility center,
[unless the Committees on Appropriations of the House of Representatives and Senate are notified in writing 15 days in advance of the reprogramming.
[(b) None the local funds contained in this title may be available for obligation or expenditure for an agency through a transfer of any local funds in excess of $3,000,000 from one appropriation heading to another unless the Committees on Appropriations of the House of Representatives and Senate are notified in writing 15 days in advance of the transfer, except that in no event may the amount of any funds transferred exceed 4 percent of the local funds in the appropriations.
[Sec. 506. Consistent with the provisions of section 1301(a) of title 31, United States Code, appropriations under this title shall be applied only to the objects for which the appropriations were made except as otherwise provided by law.
[Sec. 507. Notwithstanding any other provisions of law, the provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; D.C. Official Code, sec. 1-601.01 et seq.), enacted pursuant to section 422(3) of the District of Columbia Home Rule Act
(D.C. Official Code, sec. 1-204l.22(3)), shall apply with respect to the compensation of District of Columbia employees. For pay purposes, employees of the District of Columbia government shall not be subject to the provisions of title 5, United States Code.
[Sec. 508. No later than 30 days after the end of the first quarter of fiscal year 2006, the Mayor of the District of Columbia shall submit to the Council of the District of Columbia and the Committees on Appropriations of the House of Representatives and Senate the new fiscal year 2006 revenue estimates as of the end of such quarter. These estimates shall be used in the budget request for fiscal year 2007. The officially revised estimates at midyear shall be used for the midyear report.
[Sec. 509. No sole source contract with the District of Columbia government or any agency thereof may be renewed or extended without opening that contract to the competitive bidding process as set forth in section 303 of the District of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-303.03), except that the District of Columbia government or any agency thereof may renew or extend sole source contracts for which competition is not feasible or practical, but only if the determination as to whether to invoke the competitive bidding process has been made in accordance with duly promulgated rules and procedures and has been reviewed and certified by the Chief Financial Officer of the District of Columbia.
[Sec. 510. None of the Federal funds provided in this title may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States Representative under section 4(d) of the District of Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; D.C. Official Code, sec. 1-123).
[Sec. 511. None of the Federal funds made available in this title may be used to implement or enforce the Health Care Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to otherwise implement or enforce any system of registration of unmarried, cohabiting couples, including but not limited to registration for the purpose of extending employment, health, or governmental benefits to such couples on the same basis that such benefits are extended to legally married couples.
[Sec. 512. (a) Notwithstanding any other provision of this title, the Mayor, in consultation with the Chief Financial Officer of the District of Columbia may accept, obligate, and expend Federal, private, and other grants received by the District government that are not reflected in the amounts appropriated in this title.
[(b)(1) No such Federal, private, or other grant may be obligated, or expended pursuant to subsection (a) until--
[(A) the Chief Financial Officer of the District of Columbia submits to the Council a report setting forth detailed information regarding such grant; and
[(B) the Council has reviewed and approved the obligation, and expenditure of such grant.
[(2) For purposes of paragraph (1)(B), the Council shall be deemed to have reviewed and approved the obligation, and expenditure of a grant if--
[(A) no written notice of disapproval is filed with the Secretary of the Council within 14 calendar days of the receipt of the report from the Chief Financial Officer under paragraph (1)(A); or
[(B) if such a notice of disapproval is filed within such deadline, the Council does not by resolution disapprove the obligation, or expenditure of the grant within 30 calendar days of the initial receipt of the report from the Chief Financial Officer under paragraph (1)(A).
[(c) No amount may be obligated or expended from the general fund or other funds of the District of Columbia government in anticipation of the approval or receipt of a grant under subsection (b)(2) or in anticipation of the approval or receipt of a Federal, private, or other grant not subject to such subsection.
[(d) The Chief Financial Officer of the District of Columbia may adjust the budget for Federal, private, and other grants received by the District government reflected in the amounts appropriated in this title, or approved and received under subsection (b)(2) to reflect a change in the actual amount of the grant.
[(e) The Chief Financial Officer of the District of Columbia shall prepare a quarterly report setting forth detailed information regarding all Federal, private, and other grants subject to this section. Each such report shall be submitted to the Council of the District of Columbia and to the Committees on Appropriations of the House of Representatives and Senate not later than 15 days after the end of the quarter covered by the report.
[Sec. 513. (a) Except as otherwise provided in this section, none of the funds made available by this title or by any other title may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer's or employee's official duties. For purposes of this paragraph, the term ``official duties'' does not include travel between the officer's or employee's residence and workplace, except in the case of--
[(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise designated by the Chief of the Department;
[(2) at the discretion of the Fire Chief, an officer or employee of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is on call 24 hours a day or is otherwise designated by the Fire Chief;
[(3) the Mayor of the District of Columbia; and
[(4) the Chairman of the Council of the District of Columbia.
[(b) The Chief Financial Officer of the District of Columbia shall submit by March 1, 2006, an inventory, as of September 30, 2005, of all vehicles owned, leased or operated by the District of Columbia government. The inventory shall include, but not be limited to, the department to which the vehicle is assigned; the year and make of the vehicle; the acquisition date and cost; the general condition of the vehicle; annual operating and maintenance costs; current mileage; and whether the vehicle is allowed to be taken home by a District officer or employee and if so, the officer or employee's title and resident location.
[Sec. 514. None of the funds contained in this title may be used for purposes of the annual independent audit of the District of Columbia government for fiscal year 2006 unless--
[(1) the audit is conducted by the Inspector General of the District of Columbia, in coordination with the Chief Financial Officer of the District of Columbia, pursuant to section 208(a)(4) of the District of Columbia Procurement Practices Act of 1985 (D.C. Official Code, sec. 2-302.8); and
[(2) the audit includes as a basic financial statement a comparison of audited actual year-end results with the revenues submitted in the budget document for such year and the appropriations enacted into law for such year using the format, terminology, and classifications contained in the law making the appropriations for the year and its legislative history.
[Sec. 515. (a) None of the funds contained in this title may be used by the District of Columbia Corporation Counsel or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Columbia.
[(b) Nothing in this section bars the District of Columbia Corporation Counsel from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.
[Sec. 516. (a) None of the funds contained in this title may be used for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
[(b) Any individual or entity who receives any funds contained in this title and who carries out any program described in subsection (a) shall account for all funds used for such program separately from any funds contained in this title.
[Sec. 517. None of the funds contained in this title may be used after the expiration of the 60-day period that begins on the date of the enactment of this title to pay the salary of any chief financial officer of any office of the District of Columbia government (including any independent agency of the District of Columbia) who has not filed a certification with the Mayor and the Chief Financial Officer of the District of Columbia that the officer understands the duties and restrictions applicable to the officer and the officer's agency as a result of this title (and the amendments made by this title), including any duty to prepare a report requested either in the title or in any of the reports accompanying the title and the deadline by which each report must be submitted: Provided, That the Chief Financial Officer of the District of Columbia shall provide to the Committees on Appropriations of the House of Representatives and Senate by the 10th day after the end of each quarter a summary list showing each report, the due date, and the date submitted to the Committees.
[Sec. 518. Nothing in this title may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a ``conscience clause'' which provides exceptions for religious beliefs and moral convictions.
[Sec. 519. The Mayor of the District of Columbia shall submit to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate quarterly reports addressing--
[(1) crime, including the homicide rate, implementation of community policing, the number of police officers on local beats, and the closing down of open-air drug markets;
[(2) access to substance and alcohol abuse treatment, including the number of treatment slots, the number of people served, the number of people on waiting lists, and the effectiveness of treatment programs;
[(3) management of parolees and pre-trial violent offenders, including the number of halfway houses escapes and steps taken to improve monitoring and supervision of halfway house residents to reduce the number of escapes to be provided in consultation with the Court Services and Offender Supervision Agency for the District of Columbia;
[(4) education, including access to special education services and student achievement to be provided in consultation with the District of Columbia Public Schools and the District of Columbia public charter schools;
[(5) improvement in basic District services, including rat control and abatement;
[(6) application for and management of Federal grants, including the number and type of grants for which the District was eligible but failed to apply and the number and type of grants awarded to the District but for which the District failed to spend the amounts received; and
[(7) indicators of child well-being.
[Sec. 520. (a) No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer of the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.42), for all agencies of the District of Columbia government for fiscal year 2006 that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal-services, respectively, with anticipated actual expenditures.
[(b) This section shall apply only to an agency where the Chief Financial Officer of the District of Columbia certifies that a reallocation is required to address unanticipated changes in program requirements.
[Sec. 521. None of the Federal funds made available in this title may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act.
[Sec. 522. Notwithstanding any other law, in fiscal year 2006 and in each subsequent fiscal year, the District of Columbia Courts shall transfer to the general treasury of the District of Columbia all fines levied and collected by the Courts under section 10(b)(1) and (2) of the District of Columbia Traffic Act (D.C. Official Code, sec. 50-2201.05(b)(1) and (2)): Provided, that the transferred funds are hereby made available and shall remain available until expended and shall be used by the Office of the Attorney General of the District of Columbia for enforcement and prosecution of District traffic alcohol laws in accordance with section 10(b)(3) of the District of Columbia Traffic Act
(D.C. Official Code, sec. 50-2201.05(b)(3)).
[Sec. 523. (a) None of the funds contained in this Act may be made available to pay--
[(1) the fees of an attorney who represents a party in an action or an attorney who defends an action brought against the District of Columbia Public Schools under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for that action; or
[(2) the fees of an attorney or firm whom the Chief Financial Officer of the District of Columbia determines to have a pecuniary interest, either through an attorney, officer, or employee of the firm, in any special education diagnostic services, schools, or other special education service providers.
[(b) In this section, the term ``action'' includes an administrative proceeding and any ensuing or related proceedings before a court of competent jurisdiction.
[Sec. 524. The Chief Financial Officer of the District of Columbia shall require attorneys in special education cases brought under the Individuals with Disabilities Education Act
(IDEA) in the District of Columbia to certify in writing that the attorney or representative rendered any and all services for which they receive awards, including those received under a settlement agreement or as part of an administrative proceeding, under the IDEA from the District of Columbia. As part of the certification, the Chief Financial Officer of the District of Columbia shall require all attorneys in IDEA cases to disclose any financial, corporate, legal, memberships on boards of directors, or other relationships with any special education diagnostic services, schools, or other special education service providers to which the attorneys have referred any clients as part of this certification. The Chief Financial Officer shall prepare and submit quarterly reports to the Committees on Appropriations of the House of Representatives and Senate on the certification of and the amount paid by the government of the District of Columbia, including the District of Columbia Public Schools, to attorneys in cases brought under IDEA. The Inspector General of the District of Columbia may conduct investigations to determine the accuracy of the certifications.
[Sec. 525. The amount appropriated by this title may be increased by no more than $42,000,000 from funds identified in the comprehensive annual financial report as the District's fiscal year 2005 unexpended general fund surplus. The District may obligate and expend these amounts only in accordance with the following conditions:
[(1) The Chief Financial Officer of the District of Columbia shall certify that the use of any such amounts is not anticipated to have a negative impact on the District's long-term financial, fiscal, and economic vitality.
[(2) The District of Columbia may only use these funds for the following expenditures:
[(A) One-time expenditures.
[(B) Expenditures to avoid deficit spending.
[(C) Debt Reduction.
[(D) Program needs.
[(E) Expenditures to avoid revenue shortfalls.
[(3) The amounts shall be obligated and expended in accordance with laws enacted by the Council in support of each such obligation or expenditure.
[(4) The amounts may not be used to fund the agencies of the District of Columbia government under court ordered receivership.
[(5) The amounts may not be obligated or expended unless the Mayor notifies the Committees on Appropriations of the House of Representatives and Senate not fewer than 30 days in advance of the obligation or expenditure.
[Sec. 526. (a) The fourth proviso in the item relating to
``Federal Payment for School Improvement'' in the District of Columbia Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1327) is amended--
[(1) by striking ``$4,000,000'' and inserting ``$4,000,000, to remain available until expended,''; and
[(2) by striking ``$2,000,000 shall be for a new incentive fund'' and inserting ``$2,000,000, to remain available until expended, shall be for a new incentive fund''.
[(b) The amendments made by subsection (a) shall take effect as if included in the enactment of the District of Columbia Appropriations Act, 2005.
[Sec. 527. (a) To account for an unanticipated growth of revenue collections, the amount appropriated as District of Columbia Funds pursuant to this Act may be increased--
[(1) by an aggregate amount of not more than 25 percent, in the case of amounts proposed to be allocated as ``Other-Type Funds'' in the Fiscal Year 2006 Proposed Budget and Financial Plan submitted to Congress by the District of Columbia on June 6, 2005; and
[(2) by an aggregate amount of not more than 6 percent, in the case of any other amounts proposed to be allocated in such Proposed Budget and Financial Plan.
[(b) The District of Columbia may obligate and expend any increase in the amount of funds authorized under this section only in accordance with the following conditions:
[(1) The Chief Financial Officer of the District of Columbia shall certify--
[(A) the increase in revenue; and
[(B) that the use of the amounts is not anticipated to have a negative impact on the long-term financial, fiscal, or economic health of the District.
[(2) The amounts shall be obligated and expended in accordance with laws enacted by the Council of the District of Columbia in support of each such obligation and expenditure, consistent with the requirements of this Act.
[(3) The amounts may not be used to fund any agencies of the District government operating under court-ordered receivership.
[(4) The amounts may not be obligated or expended unless the Mayor has notified the Committees on Appropriations of the House of Representatives and Senate not fewer than 30 days in advance of the obligation or expenditure.
[Sec. 528. (a) Notwithstanding section 450A of the District of Columbia Home Rule Act, during fiscal year 2006 the District of Columbia may allocate amounts from the emergency reserve fund established under section 450A(a) of such Act and the contingency reserve fund established under section 450A(b) of such Act and use such amounts to fund the operations of the District government during such fiscal year
(consistent with the requirements of this Act and other applicable law).
[(b) The aggregate amount allocated from the emergency reserve fund or the contingency reserve fund under this section may not exceed 50 percent of the balance of the fund involved as of October 1, 2005.
[(c) If the District of Columbia allocates any amounts from a reserve fund under this section, the District shall fully replenish the fund for the amounts allocated not later than February 15, 2007.
[Sec. 529. Notwithstanding any other provision of this Act, there is hereby appropriated for the Office of the Inspector General such amounts in local funds, as are consistent with the annual estimates for the expenditures and appropriations necessary for the operation of the Office of the Inspector General as prepared by the Inspector General and submitted to the Mayor and forwarded to the Council pursuant to D.C. Official Code 2-302.08(a)(2)(A) for fiscal year 2005: Provided, That the Office of the Chief Financial Officer shall take such steps as are necessary to implement the provisions of this subsection.
[Sec. 530. (a) None of the funds contained in this title may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols derivative.
[(b) The Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District of Columbia on November 3, 1998, shall not take effect.
[Sec. 531. None of the funds appropriated under this title shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest.
[TITLE VI--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
[Compensation of the President
[For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000: Provided, That none of the funds made available for official expenses shall be expended for any other purpose and any unused amount shall revert to the Treasury pursuant to section 1552 of title 31, United States Code.
[White House Office
[salaries and expenses
[For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted for as provided in that section; hire of passenger motor vehicles, newspapers, periodicals, teletype news service, and travel (not to exceed $100,000 to be expended and accounted for as provided by 3 U.S.C. 103); and not to exceed $19,000 for official entertainment expenses, to be available for allocation within the Executive Office of the President, $53,830,000: Provided, That of the funds appropriated under this heading, $1,500,000 shall be for the Privacy and Civil Liberties Oversight Board.
[Executive Residence at the White House
[operating expenses
[For the care, maintenance, repair and alteration, refurnishing, improvement, heating, and lighting, including electric power and fixtures, of the Executive Residence at the White House and official entertainment expenses of the President, $12,436,000, to be expended and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
[reimbursable expenses
[For the reimbursable expenses of the Executive Residence at the White House, such sums as may be necessary: Provided, That all reimbursable operating expenses of the Executive Residence shall be made in accordance with the provisions of this paragraph: Provided further, That, notwithstanding any other provision of law, such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and to receive offsetting collections, for such expenses: Provided further, That the Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the estimated cost of the event, and all such advance payments shall be credited to this account and remain available until expended: Provided further, That the Executive Residence shall require the national committee of the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for expenses relating to reimbursable political events sponsored by such committee during such fiscal year: Provided further, That the Executive Residence shall ensure that a written notice of any amount owed for a reimbursable operating expense under this paragraph is submitted to the person owing such amount within 60 days after such expense is incurred, and that such amount is collected within 30 days after the submission of such notice: Provided further, That the Executive Residence shall charge interest and assess penalties and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt on a United States Government claim under section 3717 of title 31, United States Code: Provided further, That each such amount that is reimbursed, and any accompanying interest and charges, shall be deposited in the Treasury as miscellaneous receipts: Provided further, That the Executive Residence shall prepare and submit to the Committees on Appropriations, by not later than 90 days after the end of the fiscal year covered by this Act, a report setting forth the reimbursable operating expenses of the Executive Residence during the preceding fiscal year, including the total amount of such expenses, the amount of such total that consists of reimbursable official and ceremonial events, the amount of such total that consists of reimbursable political events, and the portion of each such amount that has been reimbursed as of the date of the report: Provided further, That the Executive Residence shall maintain a system for the tracking of expenses related to reimbursable events within the Executive Residence that includes a standard for the classification of any such expense as political or nonpolitical: Provided further, That no provision of this paragraph may be construed to exempt the Executive Residence from any other applicable requirement of subchapter I or II of chapter 37 of title 31, United States Code.
[White House Repair and Restoration
[For the repair, alteration, and improvement of the Executive Residence at the White House, $1,700,000, to remain available until expended, for required maintenance, safety and health issues, and continued preventative maintenance.
[Council of Economic Advisers
[salaries and expenses
[For necessary expenses of the Council of Economic Advisers in carrying out its functions under the Employment Act of 1946 (15 U.S.C. 1021), $4,040,000.
[Office of Policy Development
[salaries and expenses
[For necessary expenses of the Office of Policy Development, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $3,500,000.
[National Security Council
[salaries and expenses
[For necessary expenses of the National Security Council, including services as authorized by 5 U.S.C. 3109,
$8,705,000.
[Office of Administration
[salaries and expenses
[For necessary expenses of the Office of Administration, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of passenger motor vehicles,
$89,322,000, of which $11,768,000 shall remain available until expended for the Capital Investment Plan for continued modernization of the information technology infrastructure within the Executive Office of the President.
[Office of Management and Budget
[Salaries and Expenses
[For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 44, United States Code, $76,930,000 (reduced by
$9,000,000), of which not to exceed $3,000 shall be available for official representation expenses: Provided, That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied only to the objects for which appropriations were made and shall be allocated in accordance with the terms and conditions set forth in the accompanying Report except as otherwise provided by law: Provided further, That none of the funds appropriated in this Act for the Office of Management and Budget may be used for the purpose of reviewing any agricultural marketing orders or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That none of the funds made available for the Office of Management and Budget by this Act may be expended for the altering of the transcript of actual testimony of witnesses, except for testimony of officials of the Office of Management and Budget, before the Committees on Appropriations or their subcommittees: Provided further, That the preceding shall not apply to printed hearings released by the Committees on Appropriations.
[Office of National Drug Control Policy
[Salaries and Expenses
[For necessary expenses of the Office of National Drug Control Policy; for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.); not to exceed $10,000 for official reception and representation expenses; and for participation in joint projects or in the provision of services on matters of mutual interest with nonprofit, research, or public organizations or agencies, with or without reimbursement, $26,908,000; of which $1,316,000 shall remain available until expended for policy research and evaluation: Provided, That the Office is authorized to accept, hold, administer, and utilize gifts, both real and personal, public and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Office.
[Counterdrug Technology Assessment Center
[(including transfer of funds)
[For necessary expenses for the Counterdrug Technology Assessment Center for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.), $30,000,000, which shall remain available until expended, consisting of $18,000,000 for counternarcotics research and development projects, and
$12,000,000 for the continued operation of the technology transfer program: Provided, That the $18,000,000 for counternarcotics research and development projects shall be available for transfer to other Federal departments or agencies.
[Federal Drug Control Programs
[High Intensity Drug Trafficking Areas Program
[(including transfer of funds)
[For necessary expenses of the Office of National Drug Control Policy's High Intensity Drug Trafficking Areas Program, $227,000,000 (increased by $9,000,000), for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas, of which no less than 51 percent shall be transferred to State and local entities for drug control activities, which shall be obligated within 120 days of the date of the enactment of this Act: Provided, That up to 49 percent, to remain available until September 30, 2007, may be transferred to Federal agencies and departments at a rate to be determined by the Director, of which not less than $2,000,000 shall be used for auditing services and associated activities, and at least $500,000 of the $2,000,000 shall be used to develop and implement a data collection system to measure the performance of the High Intensity Drug Trafficking Areas Program: Provided further, That High Intensity Drug Trafficking Areas Programs designated as of September 30, 2005, shall be funded at no less than the fiscal year 2005 initial allocation levels unless the Director submits to the Committees on Appropriations, and the Committees approve, justification for changes in those levels based on clearly articulated priorities for the High Intensity Drug Trafficking Areas Programs, as well as published Office of National Drug Control Policy performance measures of effectiveness: Provided further, That a request shall be submitted in compliance with the reprogramming guidelines to the Committees on Appropriations for approval prior to the obligation of funds of an amount in excess of the fiscal year 2005 budget request: Provided further, That not to exceed $2,000,000 of the funds made available under this heading in excess of the fiscal year 2005 budget request shall be available for the Consolidated Priority Organization Target program.
[Other Federal Drug Control Programs
[(including transfer of funds)
[For activities to support a national anti-drug campaign for youth, and for other purposes, authorized by the Office of National Drug Control Policy Reauthorization Act of 1998
(21 U.S.C. 1701 et seq.), $213,292,000 (increased by
$25,000,000), to remain available until expended, of which the following amounts are available as follows: $120,000,000
(increased by $25,000,000) to support a national media campaign, as authorized by the Drug-Free Media Campaign Act of 1998: Provided, That ONDCP shall maintain funding for non-advertising services for the Media Campaign at no less than the Fiscal Year 2003 ratio of service funding to total funds and shall continue the corporate outreach program as it operated prior to its cancellation: $80,000,000 to continue a program of matching grants to drug-free communities, of which
$750,000 shall be a directed grant to the Community Anti-Drug Coalitions of America for the National Community Anti-Drug Coalition Institute, as authorized in chapter 2 of the National Narcotics Leadership Act of 1988, as amended;
$1,000,000 for the National Drug Court Institute; $992,000 for the National Alliance for Model State Drug Laws;
$7,400,000 for the United States Anti-Doping Agency for anti-doping activities; $2,900,000 for the United States membership dues to the World Anti-Doping Agency; and
$1,000,000 for evaluations and research related to National Drug Control Program performance measures: Provided further, That such funds may be transferred to other Federal departments and agencies to carry out such activities: Provided further, That of the amounts appropriated for a national media campaign, not to exceed 12 percent shall be for administration, advertising production, research and testing, labor and related costs of the national media campaign.
[Unanticipated Needs
[Unanticipated Needs
[For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000.
[Special Assistance to the President
[Salaries and Expenses
[For necessary expenses to enable the Vice President to provide assistance to the President in connection with specially assigned functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as authorized by 3 U.S.C. 106, which shall be expended and accounted for as provided in that section; and hire of passenger motor vehicles, $4,455,000.
[Official Residence of the Vice President
[Operating Expenses
[(including transfer of funds)
[For the care, operation, refurnishing, improvement, and to the extent not otherwise provided for, heating and lighting, including electric power and fixtures, of the official residence of the Vice President; the hire of passenger motor vehicles; and not to exceed $90,000 for official entertainment expenses of the Vice President, to be accounted for solely on his certificate, $325,000: Provided, That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities.
[TITLE VII--INDEPENDENT AGENCIES
[Architectural and Transportation Barriers Compliance Board
[Salaries and Expenses
[For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended,
$5,941,000: Provided, That, notwithstanding any other provision of law, there may be credited to this appropriation funds received for publications and training expenses.
[Consumer Product Safety Commission
[Salaries and Expenses
[For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable under 5 U.S.C. 5376, purchase of nominal awards to recognize non-Federal officials' contributions to Commission activities, and not to exceed $500 for official reception and representation expenses, $62,449,000.
[Election Assistance Commission
[Salaries and Expenses
[(including transfer of funds)
[For necessary expenses to carry out the Help America Vote Act of 2002, $15,877,000, of which $2,800,000 shall be transferred to the National Institute of Standards and Technology for election reform activities authorized under the Help America Vote Act of 2002.
[Federal Deposit Insurance Corporation
[Office of Inspector General
[For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended $29,965,000, to be derived from the Bank Insurance Fund, the Savings Association Insurance Fund, and the FSLIC Resolution Fund.
[Federal Election Commission
[Salaries and Expenses
[For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, as amended,
$54,700,000, of which no less than $4,700,000 shall be available for internal automated data processing systems, and of which not to exceed $5,000 shall be available for reception and representation expenses.
[Federal Labor Relations Authority
[Salaries and Expenses
[For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including services authorized by 5 U.S.C. 3109, and including hire of experts and consultants, hire of passenger motor vehicles, and rental of conference rooms in the District of Columbia and elsewhere, $25,468,000: Provided, That public members of the Federal Service Impasses Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-Federal participants at labor-management relations conferences shall be credited to and merged with this account, to be available without further appropriation for the costs of carrying out these conferences.
[Federal Maritime Commission
[Salaries and Expenses
[For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as amended (46 U.S.C. App. 1111), including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902,
$20,499,000: Provided, That not to exceed $2,000 shall be available for official reception and representation expenses.
[General Services Administration
[Real Property Activities
[Federal Buildings Fund
[limitations on availability of revenue
[(including transfer of funds)
[To carry out the purposes of the Fund established pursuant to section 210(f) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 592), the revenues and collections deposited into the Fund shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $7,768,795,000
(reduced by $88,789,000) (reduced by $727,909,000) (reduced by $25,000,000), of which: (1) $708,106,000 (reduced by
$67,789,000) (reduced by $9,500,000) shall remain available until expended for construction (including funds for sites and expenses and associated design and construction services) of additional projects at the following locations:
[New Construction:
[California:
[San Diego, United States Courthouse, $230,803,000.
[Colorado:
[Lakewood, Denver Federal Center Infrastructure,
$4,658,000.
[District of Columbia:
[Coast Guard Consolidation, $24,900,000.
[Saint Elizabeths West Campus Infrastructure, $13,095,000.
[Southeast Federal Center Site Remediation, $15,000,000.
[Maine:
[Calais, Border Station, $50,146,000.
[Jackman, Border Station, $12,788,000.
[Maryland:
[Montgomery County, Food and Drug Administration Consolidation, $127,600,000.
[New York:
[Champlain, Border Station, $52,510,000.
[Massena, Border Station, $49,783,000.
[Texas:
[Austin, United States Courthouse, $3,000,000.
[Washington:
[Blaine, Peace Arch Border Station, $46,534,000.
[Material Price increases, various projects, $67,789,000
(reduced by $67,789,000).
[Nonprospectus Construction, $9,500,000 (reduced by
$9,500,000):
[Provided, That each of the foregoing limits of costs on new construction projects may be exceeded to the extent that savings are effected in other such projects, but not to exceed 10 percent of the amounts included in an approved prospectus, if required, unless advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, That all funds for direct construction projects shall expire on September 30, 2007, and remain in the Federal Buildings Fund except for funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date; (2) $961,376,000
(reduced by $568,409,000) shall remain available until expended for repairs and alterations, which includes associated design and construction services:
[Repairs and Alterations:
[Arizona:
[Tucson, James A. Walsh Courthouse, $16,136,000.
[District of Columbia:
[Eisenhower Executive Office Building, $133,417,000
(reduced by $133,417,000).
[Federal Office Building 8, $47,769,000.
[Heating, Operation, and Transmission District Repair,
$18,783,000.
[Herbert C. Hoover Building, $54,491,000.
[Main Interior Building, $41,399,000.
[Georgia:
[Atlanta, Martin Luther King, Jr. Federal Building,
$30,129,000.
[New York:
[Brooklyn, Emanuel Celler Courthouse, $96,924,000.
[New York City, James Watson Federal Building and Courthouse, $9,721,000.
[Special Emphasis Programs:
[Chlorofluorocarbons Program, $10,000,000.
[Energy Program, $30,000,000.
[Glass Fragment Retention, $15,700,000.
[Design Program, $21,915,000.
[Basic Repairs and Alterations, $434,992,000 (reduced by
$434,992,000):
[Provided further, That funds made available in this or any previous Act in the Federal Buildings Fund for Repairs and Alterations shall, for prospectus projects, be limited to the amount identified for each project, except each project in this or any previous Act may be increased by an amount not to exceed 10 percent unless advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, That additional projects for which prospectuses have been fully approved may be funded under this category only if advance approval is obtained from the Committees on Appropriations: Provided further, That the amounts provided in this or any prior Act for ``Repairs and Alterations'' may be used to fund costs associated with implementing security improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate: Provided further, That the difference between the funds appropriated and expended on any projects in this or any prior Act, under the heading ``Repairs and Alterations'', may be transferred to Basic Repairs and Alterations or used to fund authorized increases in prospectus projects: Provided further, That all funds for repairs and alterations prospectus projects shall expire on September 30, 2007, and remain in the Federal Buildings Fund except funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: Provided further, That the amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the Government arising from any projects under the heading ``Repairs and Alterations'' or used to fund authorized increases in prospectus projects; (3) $168,180,000 for installment acquisition payments including payments on purchase contracts which shall remain available until expended; (4) $4,046,031,000 (reduced by $12,500,000) for rental of space which shall remain available until expended; and (5) $1,885,102,000 (reduced by $21,000,000) (reduced by
$150,000,000) (reduced by $12,500,000) for building operations which shall remain available until expended: Provided further, That funds available to the General Services Administration shall not be available for expenses of any construction, repair, alteration and acquisition project for which a prospectus, if required by the Public Buildings Act of 1959, as amended, has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus: Provided further, That funds available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations: Provided further, That amounts necessary to provide reimbursable special services to other agencies under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 592(b)(2)) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, shall be available from such revenues and collections: Provided further, That revenues and collections and any other sums accruing to this Fund during fiscal year 2006, excluding reimbursements under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) in excess of the aggregate new obligational authority authorized for Real Property Activities of the Federal Buildings Fund in this Act shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts.
[General Activities
[Government-wide Policy
[For expenses authorized by law, not otherwise provided for, for Government-wide policy and evaluation activities associated with the management of real and personal property assets and certain administrative services; Government-wide policy support responsibilities relating to acquisition, telecommunications, information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109, $52,796,000.
[Operating Expenses
[For expenses authorized by law, not otherwise provided for, for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; providing Internet access to Federal information and services; agency-wide policy direction and management, and Board of Contract Appeals; accounting, records management, and other support services incident to adjudication of Indian Tribal Claims by the United States Court of Federal Claims; services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for official reception and representation expenses, $99,890,000 (reduced by $17,711,000).
[Office of Inspector General
[For necessary expenses of the Office of Inspector General and service authorized by 5 U.S.C. 3109, $43,410,000: Provided, That not to exceed $15,000 shall be available for payment for information and detection of fraud against the Government, including payment for recovery of stolen Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other Federal agencies and private citizens in recognition of efforts and initiatives resulting in enhanced Office of Inspector General effectiveness.
[Electronic Government Fund
[(including transfer of funds)
[For necessary expenses in support of interagency projects that enable the Federal Government to expand its ability to conduct activities electronically, through the development and implementation of innovative uses of the Internet and other electronic methods, $3,000,000, to remain available until expended: Provided, That these funds may be transferred to Federal agencies to carry out the purposes of the Fund: Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further, That such transfers may not be made until 10 days after a proposed spending plan and justification for each project to be undertaken has been submitted to the Committees on Appropriations.
[Allowances and Office Staff for Former Presidents
[(including transfer of funds)
[For carrying out the provisions of the Act of August 25, 1958, as amended (3 U.S.C. 102 note), and Public Law 95-138,
$2,952,000: Provided, That the Administrator of General Services shall transfer to the Secretary of the Treasury such sums as may be necessary to carry out the provisions of such Acts.
[Federal Citizen Information Center Fund
[For necessary expenses of the Federal Citizen Information Center, including services authorized by 5 U.S.C. 3109,
$15,030,000, to be deposited into the Federal Citizen Information Center Fund: Provided, That the appropriations, revenues, and collections deposited into the Fund shall be available for necessary expenses of Federal Citizen Information Center activities in the aggregate amount not to exceed $32,000,000. Appropriations, revenues, and collections accruing to this Fund during fiscal year 2006 in excess of such amount shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts.
[Administrative Provisions--General Services Administration
[Sec. 701. The appropriate appropriation or fund available to the General Services Administration shall be credited with the cost of operation, protection, maintenance, upkeep, repair, and improvement, included as part of rentals received from Government corporations pursuant to law (40 U.S.C. 129).
[Sec. 702. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.
[Sec. 703. Funds in the Federal Buildings Fund made available for fiscal year 2006 for Federal Buildings Fund activities may be transferred between such activities only to the extent necessary to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations.
[Sec. 704. No funds made available by this Act shall be used to transmit a fiscal year 2007 request for United States Courthouse construction that: (1) does not meet the design guide standards for construction as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office of Management and Budget; and (2) does not reflect the priorities of the Judicial Conference of the United States as set out in its approved 5-year construction plan: Provided, That the fiscal year 2007 request must be accompanied by a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded.
[Sec. 705. None of the funds provided in this Act may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency that does not pay the rate per square foot assessment for space and services as determined by the General Services Administration in compliance with the Public Buildings Amendments Act of 1972 (Public Law 92-313).
[Sec. 706. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and acquisition of buildings may be liquidated from savings effected in other construction projects with prior notification to the Committees on Appropriations.
[Sec. 707. No funds in this Act shall be used to dispose of the GSA property located at 522 North Central Avenue, on the southwest corner of Central Avenue and Fillmore Street in Phoenix, Arizona.
[Merit Systems Protection Board
[Salaries and Expenses
[(including transfer of funds)
[For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), as amended, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, direct procurement of survey printing, and not to exceed
$2,000 for official reception and representation expenses,
$35,600,000 together with not to exceed $2,605,000 for administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems Protection Board.
[Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
[Morris K. Udall Scholarship and Excellence in National Environmental
Policy Trust Fund
[(including transfer of funds)
[For payment to the Morris K. Udall Scholarship and Excellence in National Environmental Policy Trust Fund, pursuant to the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), $2,000,000, to remain available until expended, of which up to $50,000 shall be used to conduct financial audits pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law 107-289) notwithstanding sections 8 and 9 of Public Law 102-259: Provided, That up to 60 percent of such funds may be transferred by the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation for the necessary expenses of the Native Nations Institute.
[Environmental Dispute Resolution Fund
[For payment to the Environmental Dispute Resolution Fund to carry out activities authorized in the Environmental Policy and Conflict Resolution Act of 1998, $1,900,000, to remain available until expended.
[National Archives and Records Administration
[Operating Expenses
[For necessary expenses in connection with the administration of the National Archives and Records Administration (including the Information Security Oversight Office) and archived Federal records and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, and for the hire of passenger motor vehicles, $283,975,000: Provided, That the Archivist of the United States is authorized to use any excess funds available from the amount borrowed for construction of the National Archives facility, for expenses necessary to provide adequate storage for holdings: Provided further, That of the funds provided in this paragraph,
$2,930,000 shall be for initial move of records, staffing, and operations of the Nixon Library.
[Electronic Records Archives
[For necessary expenses in connection with the development of the electronic records archives, to include all direct project costs associated with research, analysis, design, development, and program management, $35,914,000.
[Repairs and Restoration
[For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings,
$6,182,000, to remain available until expended.
[National Historical Publications and Records Commission
[grants program
[(including transfer of funds)
[For necessary expenses for allocations and grants for historical publications and records as authorized by 44 U.S.C. 2504, as amended, $7,500,000, to remain available until expended: Provided, That of the funds provided in this paragraph, $2,000,000 shall be transferred to the operating expenses account for operating expenses of the National Historical Publications and Records Administration.
[National Credit Union Administration
[central liquidity facility
[(including transfer of funds)
[During fiscal year 2006, gross obligations of the Central Liquidity Facility for the principal amount of new direct loans to member credit unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed
$1,500,000,000: Provided, That administrative expenses of the Central Liquidity Facility in fiscal year 2006 shall not exceed $323,000.
[community development revolving loan fund
[For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822, and 9910, $950,000 shall be available until September 30, 2007, for technical assistance to low-income designated credit unions, and amounts of principal and interest on loans repaid shall be available until expended for low-income designated credit unions.
[National Transportation Safety Board
[Salaries and Expenses
[For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-15; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
$76,700,000, of which not to exceed $2,000 may be used for official reception and representation expenses.
[(Rescission)
[Of the available unobligated balances made available under Public Law 106-246, $1,000,000 are rescinded.
[Neighborhood Reinvestment Corporation
[Payment to the Neighborhood Reinvestment Corporation
[For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $118,000,000.
[Office of Government Ethics
[Salaries and Expenses
[For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, as amended and the Ethics Reform Act of 1989, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 for official reception and representation expenses, $11,148,000.
[Office of Personnel Management
[Salaries and Expenses
[(including transfer of trust funds)
[For necessary expenses to carry out functions of the Office of Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; advances for reimbursements to applicable funds of the Office of Personnel Management and the Federal Bureau of Investigation for expenses incurred under Executive Order No. 10422 of January 9, 1953, as amended; and payment of per diem and/or subsistence allowances to employees where Voting Rights Act activities require an employee to remain overnight at his or her post of duty, $119,952,000, of which $6,983,000 shall remain available until expended for the Enterprise Human Resources Integration project; $1,450,000 shall remain available until expended for the Human Resources Line of Business project;
$500,000 shall remain available until expended for the E-Training project; and $1,412,000 shall remain available until expended until September 30, 2007 for the E-Payroll project; and in addition $102,679,000 for administrative expenses, to be transferred from the appropriate trust funds of the Office of Personnel Management without regard to other statutes, including direct procurement of printed materials, for the retirement and insurance programs: Provided, That the provisions of this appropriation shall not affect the authority to use applicable trust funds as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United States Code: Provided further, That no part of this appropriation shall be available for salaries and expenses of the Legal Examining Unit of the Office of Personnel Management established pursuant to Executive Order No. 9358 of July 1, 1943, or any successor unit of like purpose: Provided further, That the President's Commission on White House Fellows, established by Executive Order No. 11183 of October 3, 1964, may, during fiscal year 2006, accept donations of money, property, and personal services: Provided further, That such donations, including those from prior years, may be used for the development of publicity materials to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such Commission.
[Office of Inspector General
[salaries and expenses
[(including transfer of trust funds)
[For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act, as amended, including services as authorized by 5 U.S.C. 3109, hire of passenger motor vehicles, $1,614,000, and in addition, not to exceed $16,786,000 for administrative expenses to audit, investigate, and provide other oversight of the Office of Personnel Management's retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General: Provided, That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere.
[Government Payment for Annuitants, Employees Health Benefits
[For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States Code, and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as amended, such sums as may be necessary.
[Government Payment for Annuitants, Employee Life Insurance
[For payment of Government contributions with respect to employees retiring after December 31, 1989, as required by chapter 87 of title 5, United States Code, such sums as may be necessary.
[Payment to Civil Service Retirement and Disability Fund
[For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special Acts to be credited to the Civil Service Retirement and Disability Fund, such sums as may be necessary: Provided, That annuities authorized by the Act of May 29, 1944, as amended, and the Act of August 19, 1950, as amended (33 U.S.C. 771-775), may hereafter be paid out of the Civil Service Retirement and Disability Fund.
[Office of Special Counsel
[Salaries and Expenses
[For necessary expenses to carry out functions of the Office of Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978
(Public Law 95-454), as amended, the Whistleblower Protection Act of 1989 (Public Law 101-12), as amended, Public Law 107-304, and the Uniformed Services Employment and Reemployment Act of 1994 (Public Law 103-353), including services as authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire of passenger motor vehicles;
$15,325,000.
[Selective Service System
[Salaries and Expenses
[For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed $750 for official reception and representation expenses; $24,000,000: Provided, That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever the President deems such action to be necessary in the interest of national defense: Provided further, That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States.
[United States Interagency Council on Homelessness
[Operating Expenses
[For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms, and the employment of experts and consultants under section 3109 of title 5, United States Code) of the United States Interagency Council on Homelessness in carrying out the functions pursuant to title II of the McKinney-Vento Homeless Assistance Act, as amended,
$1,499,000.
[United States Postal Service
[Payment to the Postal Service Fund
[For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsections (c) and (d) of section 2401 of title 39, United States Code,
$116,350,000, of which $73,000,000 shall not be available for obligation until October 1, 2006: Provided, That mail for overseas voting and mail for the blind shall continue to be free: Provided further, That 6-day delivery and rural delivery of mail shall continue at not less than the 1983 level: Provided further, That none of the funds made available to the Postal Service by this Act shall be used to implement any rule, regulation, or policy of charging any officer or employee of any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: Provided further, That none of the funds provided in this Act shall be used to consolidate or close small rural and other small post offices in fiscal year 2006.
[United States Tax Court
[Salaries and Expenses
[For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109, $48,998,000: Provided, That travel expenses of the judges shall be paid upon the written certificate of the judge.
[TITLE VIII--GENERAL PROVISIONS THIS ACT
[(including transfers of funds)
[Sec. 801. Such sums as may be necessary for fiscal year 2006 pay raises for programs funded in this Act shall be absorbed within the levels appropriated in this Act or previous appropriations Acts.
[Sec. 802. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act.
[Sec. 803. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein.
[Sec. 804. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.
[Sec. 805. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.
[Sec. 806. None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930.
[Sec. 807. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service, and has within 90 days after his release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position and has not been restored thereto.
[Sec. 808. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
[Sec. 809. None of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2005, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $2,000,000 or 10 percent, whichever is greater; (6) reduces existing programs, projects, or activities by $2,000,000 or 10 percent, whichever is greater; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropriations or the table accompanying the statement of the managers accompanying this Act, whichever is more detailed, unless prior approval is received from the House and Senate Committees on Appropriations: Provided, That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committee on Appropriations of the Senate and of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further, That the report shall include: (1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by object class and program, project, and activity as detailed in the budget appendix for the respective appropriation; and
(3) an identification of items of special congressional interest: Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress.
[Sec. 810. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2006 from appropriations made available for salaries and expenses for fiscal year 2006 in this Act, shall remain available through September 30, 2007, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees on Appropriations for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines.
[Sec. 811. None of the funds made available in this Act may be used by the Executive Office of the President to request from the Federal Bureau of Investigation any official background investigation report on any individual, except when--
[(1) such individual has given his or her express written consent for such request not more than 6 months prior to the date of such request and during the same presidential administration; or
[(2) such request is required due to extraordinary circumstances involving national security.
[Sec. 812. The cost accounting standards promulgated under section 26 of the Office of Federal Procurement Policy Act
(Public Law 93-400; 41 U.S.C. 422) shall not apply with respect to a contract under the Federal Employees Health Benefits Program established under chapter 89 of title 5, United States Code.
[Sec. 813. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an Appropriations Act) funds made available to the Office pursuant to court approval.
[Sec. 814. No funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal employees health benefits program which provides any benefits or coverage for abortions.
[Sec. 815. The provision of section 815 shall not apply where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest.
[Sec. 816. In order to promote Government access to commercial information technology, the restriction on purchasing nondomestic articles, materials, and supplies set forth in the Buy American Act (41 U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal Government of information technology (as defined in section 11101 of title 40, United States Code), that is a commercial item (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).
[Sec. 817. None of the funds made available in the Act may be used to finalize, implement, administer, or enforce--
[(1) the proposed rule relating to the determination that real estate brokerage is an activity that is financial in nature or incidental to a financial activity published in the Federal Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or
[(2) the revision proposed in such rule to section 1501.2 of title 12 of the Code of Federal Regulations.
[Sec. 818. Of the funds provided in title I of this Act under the heading, ``Office of the Secretary, Transportation Planning, Research, and Development'', $3,000,000 shall be available for necessary expenses to reimburse fixed-based general aviation operators and the providers of general aviation ground support services at Ronald Reagan Washington National Airport, and airports within 15 miles of Ronald Reagan Washington National Airport, for financial losses incurred by these operators while such airports were closed due to the actions of the Federal Government following the terrorist attacks on the United States that occurred on September 11, 2001: Provided, That such funds shall remain available until expended: Provided further, That obligation and expenditure of these funds shall be made conditional upon full release of the United States Government for all claims arising from the closing of these general aviation facilities.
[Sec. 819. Section 640(c) of the Treasury and General Government Appropriations Act, 2000 (Public Law 106-58; 2 U.S.C. 437g note), as amended by section 642 of the Treasury and General Government Appropriations Act, 2002 (Public Law 107-67) and by section 639 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (Public Law 108-199), is amended by striking ``December 31, 2005'' and inserting ``December 31, 2008''.
[TITLE IX--GENERAL PROVISIONS, GOVERNMENT-WIDE
[Departments, Agencies, and Corporations
[Sec. 901. Funds appropriated in this or any other Act may be used to pay travel to the United States for the immediate family of employees serving abroad in cases of death or life threatening illness of said employee.
[Sec. 902. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 2006 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act) by the officers and employees of such department, agency, or instrumentality.
[Sec. 903. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is hereby fixed at $8,100 except station wagons for which the maximum shall be $9,100: Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000 for special heavy-duty vehicles: Provided further, That the limits set forth in this section may not be exceeded by more than 5 percent for electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976: Provided further, That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles acquired pursuant to Public Law 101-549 over the cost of comparable conventionally fueled vehicles.
[Sec. 904. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel, or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922-5924.
[Sec. 905. Unless otherwise specified during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States
(including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person in the service of the United States on the date of the enactment of this Act who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States; (3) is a person who owes allegiance to the United States; (4) is an alien from Cuba, Poland, South Vietnam, the countries of the former Soviet Union, or the Baltic countries lawfully admitted to the United States for permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the United States after January 1, 1975; or (6) is a national of the People's Republic of China who qualifies for adjustment of status pursuant to the Chinese Student Protection Act of 1992: Provided, That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status have been complied with: Provided further, That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, or the Republic of the Philippines, or to nationals of those countries allied with the United States in a current defense effort, or to international broadcasters employed by the United States Information Agency, or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies.
[Sec. 906. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable law.
[Sec. 907. In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes:
[(1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted prior to the effective date of the Executive order.
[(2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs.
[(3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency.
[Sec. 908. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced.
[Sec. 909. No part of any appropriation for the current fiscal year contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person.
[Sec. 910. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality.
[Sec. 911. Funds made available by this or any other Act to the Postal Service Fund (39 U.S.C. 2003) shall be available for employment of guards for all buildings and areas owned or occupied by the Postal Service or under the charge and control of the Postal Service. The Postal Service may give such guards with respect to such property, any of the powers of special policemen provided under 40 U.S.C. 1315. The Postmaster General, or his designee, may take any action that the Secretary of Homeland Security may take under such section with respect to that property.
[Sec. 912. None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution duly adopted in accordance with the applicable law of the United States.
[Sec. 913. (a) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 2006, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code--
[(1) during the period from the date of expiration of the limitation imposed by the comparable section for previous fiscal years until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 2006, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section; and
[(2) during the period consisting of the remainder of fiscal year 2006, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more than the sum of--
[(A) the percentage adjustment taking effect in fiscal year 2006 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and
[(B) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2006 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous fiscal year under such section.
[(b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which subsection (a) is in effect at a rate that exceeds the rates that would be payable under subsection (a) were subsection (a) applicable to such employee.
[(c) For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, 2005, shall be determined under regulations prescribed by the Office of Personnel Management.
[(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, 2005, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section.
[(e) This section shall apply with respect to pay for service performed after September 30, 2005.
[(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay.
[(g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect.
[(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees.
[Sec. 914. During the period in which the head of any department or agency, or any other officer or civilian employee of the Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is expressly approved by the Committees on Appropriations. For the purposes of this section, the term ``office'' shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual.
[Sec. 915. Notwithstanding section 1346 of title 31, United States Code, or section 910 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order No. 12472 (April 3, 1984).
[Sec. 916. (a) None of the funds appropriated by this or any other Act may be obligated or expended by any Federal department, agency, or other instrumentality for the salaries or expenses of any employee appointed to a position of a confidential or policy-determining character excepted from the competitive service pursuant to section 3302 of title 5, United States Code, without a certification to the Office of Personnel Management from the head of the Federal department, agency, or other instrumentality employing the Schedule C appointee that the Schedule C position was not created solely or primarily in order to detail the employee to the White House.
[(b) The provisions of this section shall not apply to Federal employees or members of the armed services detailed to or from--
[(1) the Central Intelligence Agency;
[(2) the National Security Agency;
[(3) the Defense Intelligence Agency;
[(4) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs;
[(5) the Bureau of Intelligence and Research of the Department of State;
[(6) any agency, office, or unit of the Army, Navy, Air Force, and Marine Corps, the Department of Homeland Security, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, and the Department of Energy performing intelligence functions; and
[(7) the Director of National Intelligence or the Office of the Director of National Intelligence.
[Sec. 917. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for the current fiscal year shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from discrimination and sexual harassment and that all of its workplaces are not in violation of title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973.
[Sec. 918. No part of any appropriation contained in this or any other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who--
[(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee of the Congress in connection with any matter pertaining to the employment of such other officer or employee or pertaining to the department or agency of such other officer or employee in any way, irrespective of whether such communication or contact is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or subcommittee; or
[(2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance of efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by reason of any communication or contact of such other officer or employee with any Member, committee, or subcommittee of the Congress as described in paragraph (1).
[Sec. 919. (a) None of the funds made available in this or any other Act may be obligated or expended for any employee training that--
[(1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties;
[(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;
[(3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation;
[(4) contains any methods or content associated with religious or quasi-religious belief systems or ``new age'' belief systems as defined in Equal Employment Opportunity Commission Notice N-915.022, dated September 2, 1988; or
[(5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace.
[(b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties.
[Sec. 920. No funds appropriated in this or any other Act may be used to implement or enforce the agreements in Standard Forms 312 and 4414 of the Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following provisions:
``These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); section 2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive order and listed statutes are incorporated into this agreement and are controlling.'': Provided, That notwithstanding the preceding paragraph, a nondisclosure policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law.
[Sec. 921. No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself.
[Sec. 922. None of the funds appropriated by this or any other Act may be used by an agency to provide a Federal employee's home address to any labor organization except when the employee has authorized such disclosure or when such disclosure has been ordered by a court of competent jurisdiction.
[Sec. 923. None of the funds made available in this Act or any other Act may be used to provide any non-public information such as mailing or telephone lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations.
[Sec. 924. No part of any appropriation contained in this or any other Act shall be used directly or indirectly, including by private contractor, for publicity or propaganda purposes within the United States not heretofor authorized by the Congress.
[Sec. 925. (a) In this section the term ``agency''--
[(1) means an Executive agency as defined under section 105 of title 5, United States Code;
[(2) includes a military department as defined under section 102 of such title, the Postal Service, and the Postal Rate Commission; and
[(3) shall not include the Government Accountability Office.
[(b) Unless authorized in accordance with law or regulations to use such time for other purposes, an employee of an agency shall use official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee exempted under section 6301(2) of title 5, United States Code, has an obligation to expend an honest effort and a reasonable proportion of such employee's time in the performance of official duties.
[Sec. 926. Notwithstanding 31 U.S.C. 1346 and section 910 of this Act, funds made available for the current fiscal year by this or any other Act to any department or agency, which is a member of the Joint Financial Management Improvement Program (JFMIP), shall be available to finance an appropriate share of JFMIP administrative costs, as determined by the JFMIP, but not to exceed a total of $800,000 including the salary of the Executive Director and staff support.
[Sec. 927. Notwithstanding 31 U.S.C. 1346 and section 910 of this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse ``General Services Administration, Government-wide Policy'' with the approval of the Director of the Office of Management and Budget, funds made available for the current fiscal year by this or any other Act, including rebates from charge card and other contracts: Provided, That these funds shall be administered by the Administrator of General Services to support Government-wide financial, information technology, procurement, and other management innovations, initiatives, and activities, as approved by the Director of the Office of Management and Budget, in consultation with the appropriate interagency groups designated by the Director (including the Chief Financial Officers Council and the Joint Financial Management Improvement Program for financial management initiatives, the Chief Information Officers Council for information technology initiatives, the Chief Human Capital Officers Council for human capital initiatives, and the Federal Acquisition Council for procurement initiatives). The total funds transferred or reimbursed shall not exceed $10,000,000. Such transfers or reimbursements may only be made 15 days following notification of the Committees on Appropriations by the Director of the Office of Management and Budget.
[Sec. 928. Notwithstanding any other provision of law, a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location.
[Sec. 929. Notwithstanding section 1346 of title 31, United States Code, or section 910 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of specific projects, workshops, studies, and similar efforts to carry out the purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit multiple Federal departments, agencies, or entities: Provided, That the Office of Management and Budget shall provide a report describing the budget of and resources connected with the National Science and Technology Council to the Committees on Appropriations, the House Committee on Science; and the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this Act.
[Sec. 930. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving the distribution of Federal funds shall indicate the agency providing the funds, the Catalog of Federal Domestic Assistance Number, as applicable, and the amount provided: Provided, That this provision shall apply to direct payments, formula funds, and grants received by a State receiving Federal funds.
[Sec. 931. Subsection (f) of section 403 of Public Law 103-356 (31 U.S.C. 501 note), as amended, is further amended by striking ``October 1, 2005'' and inserting ``October 1, 2006''.
[Sec. 932. (a) Prohibition of Federal Agency Monitoring of Individuals' Internet Use.--None of the funds made available in this or any other Act may be used by any Federal agency--
[(1) to collect, review, or create any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any Federal Government Internet site of the agency; or
[(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or obtain any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any nongovernmental Internet site.
[(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
[(1) any record of aggregate data that does not identify particular persons;
[(2) any voluntary submission of personally identifiable information;
[(3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; or
[(4) any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and is necessarily incident to the rendition of the Internet site services or to the protection of the rights or property of the provider of the Internet site.
[(c) Definitions.--For the purposes of this section:
[(1) The term ``regulatory'' means agency actions to implement, interpret or enforce authorities provided in law.
[(2) The term ``supervisory'' means examinations of the agency's supervised institutions, including assessing safety and soundness, overall financial condition, management practices and policies and compliance with applicable standards as provided in law.
[Sec. 933. (a) None of the funds appropriated by this Act may be used to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage.
[(b) Nothing in this section shall apply to a contract with--
[(1) any of the following religious plans:
[(A) Personal Care's HMO; and
[(B) OSF HealthPlans, Inc.; and
[(2) any existing or future plan, if the carrier for the plan objects to such coverage on the basis of religious beliefs.
[(c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individual's religious beliefs or moral convictions.
[(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.
[Sec. 934. The Congress of the United States recognizes the United States Anti-Doping Agency (USADA) as the official anti-doping agency for Olympic, Pan American, and Paralympic sport in the United States.
[Sec. 935. Notwithstanding any other provision of law, funds appropriated for official travel by Federal departments and agencies may be used by such departments and agencies, if consistent with Office of Management and Budget Circular A-126 regarding official travel for Government personnel, to participate in the fractional aircraft ownership pilot program.
[Sec. 936. None of the funds made available under this or any other Act for fiscal year 2006 and each fiscal year thereafter shall be expended for the purchase of a product or service offered by Federal Prison Industries, Inc., unless the agency making such purchase determines that such offered product or service provides the best value to the buying agency pursuant to governmentwide procurement regulations, issued pursuant to section 25(c)(1) of the Office of Federal Procurement Act (41 U.S.C. 421(c)(1)) that impose procedures, standards, and limitations of section 2410n of title 10, United States Code.
[Sec. 937. Notwithstanding any other provision of law, none of the funds appropriated or made available under this Act or any other appropriations Act may be used to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the Office of Personnel Management to add sections 300.311 through 300.316 to part 300 of title 5 of the Code of Federal Regulations, published in the Federal Register, volume 68, number 174, on September 9, 2003
(relating to the detail of executive branch employees to the legislative branch).
[Sec. 938. Each Executive department and agency shall evaluate the creditworthiness of an individual before issuing the individual a government travel charge card. The department or agency may not issue a government travel charge card to an individual that either lacks a credit history or is found to have an unsatisfactory credit history as a result of this evaluation: Provided, That this restriction shall not preclude issuance of a restricted-use charge, debit, or stored value card made in accordance with agency procedures to: (1) an individual with an unsatisfactory credit history where such card is used to pay travel expenses and the agency determines there is no suitable alternative payment mechanism available before issuing the card; or (2) an individual who lacks a credit history. Each Executive department and agency shall establish guidelines and procedures for disciplinary actions to be taken against agency personnel for improper, fraudulent, or abusive use of government charge cards, which shall include appropriate disciplinary actions for use of charge cards for purposes, and at establishments, that are inconsistent with the official business of the Department or agency or with applicable standards of conduct.
[Sec. 939. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without advance approval of the Committees on Appropriations, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities.
[Sec. 940. From funds made available in this or any other Act under the headings ``The White House'', ``Special Assistance to the President and the Official Residence of Residence of the Vice President'', ``Council on Environmental Quality and Office of Environmental Quality'', ``Office of Science and Technology Policy'', and ``Office of the United States Trade Representative'', the Director of the Office of Management and Budget (or such other officer as the President may designate in writing) may, 15 days after giving notice to the Committees on Appropriations of the Senate and the House of Representatives, transfer not to exceed 10 percent of any such appropriation to any other such appropriation, to be merged with and available for the same time and for the same purposes as the appropriation to which transferred: Provided, That the amount of an appropriation shall not be increased by more than 50 percent by such transfers: Provided further, That no amount shall be transferred from the heading
``Special Assistance to the President and the Official Residence of the Vice President'' without approval of the Vice President.
[Sec. 941. Section 4(b) of the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270) is amended by adding at the end the following new paragraph:
[``(5) Executive agencies with fewer than 100 full-time employees as of the first day of the fiscal year. However, such an agency shall be subject to section 2 to the extent it plans to conduct a public-private competition for the performance of an activity that is not inherently governmental.''.
[Sec. 942. (a) No funds shall be available for transfers or reimbursements to the E-Government Initiatives sponsored by the Office of Management and Budget (OMB) prior to 15 days following submission of a report to the Committees on Appropriations by the Director of the Office of Management and Budget or receipt of approval to transfer funds by the House and Senate Committees on Appropriations.
[(b) The report in (a) shall detail--
[(1) the amount proposed for transfer for any department and agency by program office, bureau, or activity, as appropriate;
[(2) the specific use of funds;
[(3) the relevance of that use to that department or agency and each bureau or office within, which is contributing funds; and
[(4) a description on any such activities for which funds were appropriated that will not be implemented or partially implemented by the department or agency as a result of the transfer.
[Sec. 943. (a) The adjustment in rates of basic pay for employees under the statutory pay systems that takes effect in fiscal year 2006 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 3.1 percent, and this adjustment shall apply to civilian employees in the Department of Defense and the Department of Homeland Security and such adjustments shall be effective as of the first day of the first applicable pay period beginning on or after January 1, 2006.
[(b) Notwithstanding section 913 of this Act, the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2006 under sections 5344 and 5348 of title 5, United States Code, shall be no less than the percentage in paragraph (a) as employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under section 5303 and 5304 of title 5, United States Code. Prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5 and prevailing rate employees described in section 5343(a)(5) of title 5 shall be considered to be located in the pay locality designated as ``Rest of US'' pursuant to section 5304 of title 5 for purposes of this paragraph.
[(c) Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or agency for salaries and expenses for fiscal year 2006.
[Sec. 944. Unless otherwise authorized by existing law, none of the funds provided in this Act or any other Act may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency.
[Sec. 945. None of the funds made available in this Act may be used to administer, implement, or enforce the amendment made to section 515.533 of title 31, Code of Federal Regulations, that was published in the Federal Register on February 25, 2005.
[Sec. 946. None of the funds made available in this Act may be used in contravention of section 552a of title 5, United States Code (popularly known as the Privacy Act) or of section 552.224 of title 48 of the Code of Federal Regulations.
[Sec. 947. None of the funds made available in this Act may be used to provide for the competitive sourcing of flight service stations.
[Sec. 948. None of the funds contained in this Act may be used to enforce section 702 of the Firearms Control Regulations Act of 1975 (sec. 7-2507.02, D.C. Official Code).
[Sec. 949. None of the funds made available in this Act may be used to enforce the judgment of the United States Supreme Court in the case of Kelo v. New London, decided June 23, 2005.
[Sec. 950. The amount otherwise provided under the heading
``Management and Administration--Working Capital Fund'', in title III is hereby increased by $22,000,000.
[Sec. 951. None of the funds made available in this Act to the Department of the Treasury may be used to recommended approval of the sale of Unocal Corporation to CNOOC Ltd. of China.
[Sec. 952. None of the funds made available in this Act may be used by the General Services Administration to carry out the eTravel Service program.
[Sec. 953. None of the funds made available by this Act may be used to implement the revision to Office of Management and Budget Circular A-76 made on May 29, 2003.
[This Act may be cited as the ``Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006''.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Transportation, Treasury, the Judiciary, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2006, and for other purposes, namely:
TITLE I--DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Salaries and Expenses
For necessary expenses of the Office of the Secretary,
$86,000,000, of which not to exceed $2,198,000 shall be available for the immediate Office of the Secretary; not to exceed $698,000 shall be available for the immediate Office of the Deputy Secretary; not to exceed $15,183,000 shall be available for the Office of the General Counsel; not to exceed $12,650,000 shall be available for the Office of the Under Secretary of Transportation for Policy; not to exceed
$8,585,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; not to exceed $2,293,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $22,031,000 shall be available for the Office of the Assistant Secretary for Administration; not to exceed $1,910,000 shall be available for the Office of Public Affairs; not to exceed $1,442,000 shall be available for the Office of the Executive Secretariat; not to exceed $697,000 shall be available for the Board of Contract Appeals; not to exceed $1,265,000 shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $2,033,000 for the Office of Intelligence and Security; not to exceed $11,895,000 shall be available for the Office of the Chief Information Officer; and not to exceed $3,120,000 shall be available for the Office of Emergency Transportation: Provided, That the Secretary of Transportation is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further, That no appropriation for any office shall be increased or decreased by more than 5 percent by all such transfers: Provided further, That notice of any change in funding greater than 5 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That not to exceed $60,000 shall be for allocation within the Department for official reception and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision of law, excluding fees authorized in Public Law 107-71, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees: Provided further, That none of the funds made available in this Act may be used to enforce the restriction in section 29(a) of the International Air Transportation Competition Act of 1979 against the operation of flights between Love Field, Texas, and one or more points within the State of Missouri: Provided further, That the Secretary of Transportation shall amend each air carrier's certificate of public convenience and necessity to authorize the carrier operations consistent with the limitations of the preceding proviso.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$8,550,000.
Transportation Planning, Research, and Development
For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, to remain available until expended, $15,000,000.
Working Capital Fund
Necessary expenses for operating costs and capital outlays of the Working Capital Fund, not to exceed $120,014,000, shall be paid from appropriations made available to the Department of Transportation: Provided, That such services shall be provided on a competitive basis to entities within the Department of Transportation: Provided further, That the above limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to an agency of the Department shall be transferred to the Working Capital Fund without the approval of the agency modal administrator: Provided further, That no assessments may be levied against any program, budget activity, subactivity or project funded by this Act unless notice of such assessments and the basis therefor are presented to the House and Senate Committees on Appropriations and are approved by such Committees.
Minority Business Resource Center Program
For the cost of guaranteed loans, $500,000, as authorized by 49 U.S.C. 332: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $18,367,000. In addition, for administrative expenses to carry out the guaranteed loan program, $400,000.
Minority Business Outreach
For necessary expenses of Minority Business Resource Center outreach activities, $3,000,000, to remain available until September 30, 2007: Provided, That notwithstanding 49 U.S.C. 332, these funds may be used for business opportunities related to any mode of transportation.
Payments to Air Carriers
(Airport and Airway Trust Fund)
In addition to funds made available from any other source to carry out the essential air service program under 49 U.S.C. 41731 through 41742, $60,000,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended.
New Headquarters Building
For necessary expenses of the Department of Transportation's new headquarters building and related services, $50,000,000, to remain available until expended.
Federal Aviation Administration
Operations
For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of aircraft, subsidizing the cost of aeronautical charts and maps sold to the public, lease or purchase of passenger motor vehicles for replacement only, in addition to amounts made available by Public Law 108-176, $8,026,000,000, of which
$5,686,500,000 shall be derived from the Airport and Airway Trust Fund, of which not to exceed $6,627,010,000 shall be available for air traffic organization activities; not to exceed $956,242,000 shall be available for aviation regulation and certification activities; not to exceed
$11,759,000 shall be available for commercial space transportation activities; not to exceed $50,983,000 shall be available for financial services activities; not to exceed
$69,943,000 shall be available for human resources program activities; not to exceed $150,744,000 shall be available for region and center operations and regional coordination activities; not to exceed $141,909,000 shall be available for staff offices; and not to exceed $36,112,000 shall be available for information services: Provided, That not to exceed 2 percent of any budget activity, except for aviation regulation and certification budget activity, may be transferred to any budget activity under this heading: Provided further, That no transfer may increase or decrease any appropriation by more than 2 percent: Provided further, That any transfer in excess of 2 percent shall be treated as a reprogramming of funds under section 710 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That none of the funds in this Act shall be available for the Federal Aviation Administration to finalize or implement any regulation that would promulgate new aviation user fees not specifically authorized by law after the date of the enactment of this Act: Provided further, That there may be credited to this appropriation funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources, for expenses incurred in the provision of agency services, including receipts for the maintenance and operation of air navigation facilities, and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair or alteration forms: Provided further, That of the funds appropriated under this heading, not less than
$7,500,000 shall be for the contract tower cost-sharing program: Provided further, That funds may be used to enter into a grant agreement with a nonprofit standard-setting organization to assist in the development of aviation safety standards: Provided further, That none of the funds in this Act shall be available for new applicants for the second career training program: Provided further, That none of the funds in this Act shall be available for paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay: Provided further, That none of the funds in this Act may be obligated or expended to operate a manned auxiliary flight service station in the contiguous United States: Provided further, That none of the funds in this Act for aeronautical charting and cartography are available for activities conducted by, or coordinated through, the Working Capital Fund: Provided further, That none of the funds in this Act may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card. In addition, $150,000,000 is for costs associated with the flight service station transition.
Facilities and Equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by contract or purchase, and hire of air navigation and experimental facilities and equipment, as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds available under this heading; to be derived from the Airport and Airway Trust Fund, $2,448,000,000, of which
$2,024,579,000 shall remain available until September 30, 2008, and of which $423,421,000 shall remain available until September 30, 2006: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: Provided further, That upon initial submission to the Congress of the fiscal year 2007 President's budget, the Secretary of Transportation shall transmit to the Congress a comprehensive capital investment plan for the Federal Aviation Administration which includes funding for each budget line item for fiscal years 2007 through 2011, with total funding for each year of the plan constrained to the funding targets for those years as estimated and approved by the Office of Management and Budget.
Research, Engineering, and Development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or grant,
$134,500,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2008: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering, and development.
Grants-in-Aid for Airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code, and under other law authorizing such obligations; for procurement, installation, and commissioning of runway incursion prevention devices and systems at airports of such title; for grants authorized under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs, including those related to airport operating certificates under section 44706 of title 49, United States Code,
$3,390,000,000 to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That none of the funds under this heading shall be available for the planning or execution of programs the obligations for which are in excess of $3,500,000,000 in fiscal year 2006, notwithstanding section 47117(g) of title 49, United States Code: Provided further, That none of the funds under this heading shall be available for the replacement of baggage conveyor systems, reconfiguration of terminal baggage areas, or other airport improvements that are necessary to install bulk explosive detection systems: Provided further, That notwithstanding any other provision of law, not more than
$71,096,000 of funds limited under this heading shall be obligated for administration and not less than $20,000,000 shall be available to carry out the Small Community Air Service Development Program, to remain available until expended.
Grants-in-Aid for Airports
(airport and airway trust fund)
(rescission of contract authorization)
Of the amounts authorized for the fiscal year ending September 30, 2006 and prior years under sections 48103 and 48112 of title 49, United States Code, $1,174,000,000 are rescinded.
Administrative Provisions--Federal Aviation Administation
Sec. 101. Notwithstanding any other provision of law, airports may transfer without consideration to the Federal Aviation Administration (FAA) instrument landing systems
(along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications, the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement program grant: Provided, That the Federal Aviation Administration shall accept such equipment, which shall thereafter be operated and maintained by FAA in accordance with agency criteria.
Sec. 102. None of the funds in this Act may be used to compensate in excess of 375 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2006.
Sec. 103. None of the funds in this Act shall be used to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided, That the prohibition of funds in this section does not apply to negotiations between the agency and airport sponsors to achieve agreement on ``below-market'' rates for these items or to grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities.
Sec. 104. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 U.S.C. 45303: Provided, That during fiscal year 2006, 49 U.S.C. 41742(b) shall not apply, and any amount remaining in such account at the close of that fiscal year may be made available to satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 105. Amounts collected under section 40113(e) of title 49, United States Code, shall be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes of such appropriation.
Sec. 106. (a) Section 44302(f)(1) of title 49, United States Code, is amended by striking ``2005,'' each place it appears and inserting ``2006,''.
(b) Section 44303(b) of such title is amended by striking
``2005,'' and inserting ``2006,''.
Sec. 107. Notwithstanding any provision of law, the Secretary of Transportation is authorized and directed to make project grants under chapter 471 of title 49, United States Code, from funds available for fiscal year 2006 and thereafter under 49 U.S.C. 48103, for the cost of acquisition of land, or reimbursement of the cost of land if purchased prior to enactment of this provision and prior to a grant agreement, for non-exclusive use aeronautical purposes on an airport layout plan that has been approved by the Secretary on January 23, 2004, pursuant to section 49 U.S.C. 47107(a)(16), for any small hub airport as defined in 49 U.S.C. 47102, and had scheduled or chartered direct international flights totaling at least 200 million pounds gross aircraft landed weight for calendar year 2002.
Sec. 108. (a) Section 47108 of title 49, United States Code, is amended in subsection (e) by adding the following new paragraph at the end:
``(3) Changes to nonhub primary status.--If the status of a nonhub primary airport changes to a small hub primary airport at a time when the airport has received discretionary funds under this chapter for a terminal development project in accordance with section 47110(d)(2), and the project is not yet completed, the project shall remain eligible for funding from the discretionary fund and the small airport fund to pay costs allowable under section 47110(d). Such project shall remain eligible for such funds for three fiscal years after the start of construction of the project, or if the Secretary determines that a further extension of eligibility is justified, until the project is completed.''.
(b) Conforming Amendment.--Section 47110(d)(2)(A) is amended by striking ``(A) the'' and inserting ``(A) except as provided in section 47108(e)(3), the''.
Federal Highway Administration
limitation on administrative expenses
Necessary expenses for administration and operation of the Federal Highway Administration, not to exceed $364,638,000, shall be paid in accordance with law from appropriations made available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration.
Federal-Aid Highways
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the implementation or execution of programs, the obligations for which are in excess of $40,194,259,000 for Federal-aid highways and highway safety construction programs for fiscal year 2006: Provided, That within the $40,194,259,000 obligation limitation on Federal-aid highways and highway safety construction programs, not more than $408,491,420 shall be available for the implementation or execution of programs for transportation research (sections 502, 503, 504, 506, 507, and 508 of title 23, United States Code, as amended; section 5505 of title 49, United States Code, as amended; and sections 5112 and 5204-5209 of Public Law 105-178) for fiscal year 2005: Provided further, That this limitation on transportation research programs shall not apply to any authority previously made available for obligation.
(liquidation of contract authorization)
(highway trust fund)
Notwithstanding any other provision of law, for carrying out the provisions of title 23, United States Code, that are attributable to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise provided, including reimbursement for sums expended pursuant to the provisions of 23 U.S.C. 308,
$40,194,259,000 or so much thereof as may be available in and derived from the Highway Trust Fund, to remain available until expended.
Federal-Aid Highways
Highway Trust Fund
(rescission)
Of the unobligated balances of funds apportioned to each State under chapter 1 of title 23, United States Code,
$2,300,000,000 are rescinded: Provided, That such rescission shall not apply to the funds distributed in accordance with 23 U.S.C. 133(d)(1) and the first sentence of 23 U.S.C. 133(d)(3)(A) or to the funds apportioned to the program authorized under section 163 of title 23, United States Code.
Appalachian Development Highway System
For necessary expenses for the Appalachian Development Highway System as authorized under section 1069(y) of Public Law 102-240, as amended, $80,000,000, to remain available until expended.
Administrative Provisions--Federal Highway Administration
Sec. 110. (a) For fiscal year 2006, the Secretary of Transportation shall--
(1) not distribute from the obligation limitation for Federal-aid highways amounts authorized for administrative expenses and programs funded from the administrative takedown authorized by section 104(a)(1)(A) of title 23, United States Code, for the highway use tax evasion program, and for the Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation for Federal-aid highways that is equal to the unobligated balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways and highway safety programs for the prior fiscal years the funds for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid highways less the aggregate of amounts not distributed under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction programs
(other than sums authorized to be appropriated for sections set forth in paragraphs (1) through (7) of subsection (b) and sums authorized to be appropriated for section 105 of title 23, United States Code, equal to the amount referred to in subsection (b)(8)) for such fiscal year less the aggregate of the amounts not distributed under paragraph (1) of this subsection;
(4) distribute the obligation limitation for Federal-aid highways less the aggregate amounts not distributed under paragraphs (1) and (2) for section 201 of the Appalachian Regional Development Act of 1965 and $2,000,000,000 for such fiscal year under section 105 of title 23, United States Code
(relating to minimum guarantee) so that the amount of obligation authority available for each of such sections is equal to the amount determined by multiplying the ratio determined under paragraph (3) by the sums authorized to be appropriated for such section (except in the case of section 105, $2,000,000,000) for such fiscal year;
(5) distribute the obligation limitation provided for Federal-aid highways less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under paragraph (4) for each of the programs that are allocated by the Secretary under title 23, United States Code (other than activities to which paragraph (1) applies and programs to which paragraph (4) applies) by multiplying the ratio determined under paragraph (3) by the sums authorized to be appropriated for such program for such fiscal year; and
(6) distribute the obligation limitation provided for Federal-aid highways less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5) for Federal-aid highways and highway safety construction programs (other than the minimum guarantee program, but only to the extent that amounts apportioned for the minimum guarantee program for such fiscal year exceed $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under title 23, United States Code, in the ratio that--
(A) sums authorized to be appropriated for such programs that are apportioned to each State for such fiscal year, bear to
(B) the total of the sums authorized to be appropriated for such programs that are apportioned to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation limitation for Federal-aid highways shall not apply to obligations: (1) under section 125 of title 23, United States Code; (2) under section 147 of the Surface Transportation Assistance Act of 1978; (3) under section 9 of the Federal-Aid Highway Act of 1981; (4) under sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982; (5) under sections 149(b) and 149(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991; (7) under section 157 of title 23, United States Code, as in effect on the day before the date of the enactment of the Transportation Equity Act for the 21st Century; (8) under section 105 of title 23, United States Code (but, only in an amount equal to $639,000,000 for such fiscal year); and (9) for Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century or subsequent public laws for multiple years or to remain available until used, but only to the extent that such obligation authority has not lapsed or been used.
(c) Redistribution of Unused Obligation Authority.--Notwithstanding subsection (a), the Secretary shall after August 1 for such fiscal year revise a distribution of the obligation limitation made available under subsection (a) if a State will not obligate the amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year giving priority to those States having large unobligated balances of funds apportioned under sections 104 and 144 of title 23, United States Code, section 160 (as in effect on the day before the enactment of the Transportation Equity Act for the 21st Century) of title 23, United States Code, and under section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991.
(d) Applicability of Obligation Limitations to Transportation Research Programs.--The obligation limitation shall apply to transportation research programs carried out under chapter 5 of title 23, United States Code, except that obligation authority made available for such programs under such limitation shall remain available for a period of 3 fiscal years.
(e) Redistribution of Certain Authorized Funds.--Not later than 30 days after the date of the distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds: (1) that are authorized to be appropriated for such fiscal year for Federal-aid highways programs (other than the program under section 160 of title 23, United States Code) and for carrying out subchapter I of chapter 311 of title 49, United States Code, and highway-related programs under chapter 4 of title 23, United States Code; and (2) that the Secretary determines will not be allocated to the States, and will not be available for obligation, in such fiscal year due to the imposition of any obligation limitation for such fiscal year. Such distribution to the States shall be made in the same ratio as the distribution of obligation authority under subsection (a)(6). The funds so distributed shall be available for any purposes described in section 133(b) of title 23, United States Code.
(f) Special Rule.--Obligation limitation distributed for a fiscal year under subsection (a)(4) of this section for a section set forth in subsection (a)(4) shall remain available until used and shall be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
Sec. 111. Notwithstanding 31 U.S.C. 3302, funds received by the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to the Federal-aid highways account for the purpose of reimbursing the Bureau for such expenses: Provided, That such funds shall be subject to the obligation limitation for Federal-aid highways and highway safety construction.
Sec. 112. Bypass Bridge at Hoover Dam. (a) In General.--Subject to subsection (b), the Secretary of Transportation may expend from any funds appropriated for expenditure in accordance with title 23, United States Code, for payment of debt service by the States of Arizona and Nevada on notes issued for the bypass bridge project at Hoover Dam, pending appropriation or replenishment for that project.
(b) Reimbursement.--Funds expended under subsection (a) shall be reimbursed from the funds made available to the States of Arizona and Nevada for payment of debt service on notes issued for the bypass bridge project at Hoover Dam.
Sec. 113. None of the funds made available in this Act shall be available for the development or dissemination by the Federal Highway Administration of any version of a programmatic agreement which regards the Dwight D. Eisenhower National System of Interstate and Defense Highways as eligible for inclusion on the National Register of Historic Places.
Sec. 114. Bus Axle Weight Exemption. Section 1023 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127 note; 105 Stat. 1951) is amended by striking subsection (h) and inserting the following:
``(h) Over-the-Road Bus and Public Transit Vehicle Exemption.--
``(1) In general.--The second sentence of section 127 of title 23, United States Code (relating to axle weight limitations for vehicles using the Dwight D. Eisenhower System of Interstate and Defense Highways), shall not apply to--
``(A) any over-the-road bus (as defined in section 301 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12181)); or
``(B) any vehicle that is regularly and exclusively used as an intrastate public agency transit passenger bus.
``(2) State action.--No State or political subdivision of a State, or any political authority of 2 or more States, shall impose any axle weight limitation on any vehicle described in paragraph (1) in any case in which such a vehicle is using the Dwight D. Eisenhower System of Interstate and Defense Highways.''.
Sec. 115. Notwithstanding any other provision of law, access to the I-5 ``Transit Only'' ramps at NE 163rd in Shoreline, Washington shall be expanded to include King County Solid Waste Division transfer vehicles upon the determination of the Federal Highway Administrator that necessary safety improvements have been completed.
Federal Motor Carrier Safety Administration
Motor Carrier Safety Operations and Programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation, execution and administration of the motor carrier safety program, motor carrier safety research, motor carrier outreach and education, $211,400,000, to be derived from the Highway Trust Fund, together with advances and reimbursements received by the Federal Motor Carrier Safety Administration, the sum of which shall remain available until expended: Provided, That none of the funds under this heading shall be available for the implementation, execution or administration of programs the obligations for which are in excess of
$211,400,000, for ``Motor Carrier Safety Operations and Programs'', of which $9,600,000, to remain available until September 30, 2009, is for the research and technology program; and of which up to $6,800,000 shall be available to make grants to, or enter into contracts with, States, local government, or other persons for the commercial vehicle analysis reporting system, and the Federal share payable under such grants shall be 100 percent.
Motor Carrier Safety Grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(INCLUDING TRANSFER OF FUNDS)
For payment of obligations incurred in carrying out sections 31102, 31106, and 31309 of title 23, United States Code, $278,620,000 to be derived from the Highway Trust Fund and to remain available until expended: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $278,620,000 for ``Motor Carrier Safety Grants'', of which $193,620,000 shall be available for Motor Carrier Safety Assistance Program grants to States; of which $33,000,000 shall be available for Border Enforcement grants to States; $4,000,000 shall be available for Performance and Registration Information System Management grants to States; $23,000,000 shall be available for the Commercial Driver's License and Driver Improvement Program grants to States; and $25,000,000 shall be available for Commercial Vehicle Information Systems and Networks grants to States: Provided further, That for grants made to States for implementation of section 210 of the Motor Carrier Safety Improvement Act of 1999 (113 Stat. 1764-1765), and for grants to States, local governments, or other entities for commercial driver's license program improvements, the Federal share payable under such grants shall be 100 percent: Provided further, That from amounts provided under this heading for grants to States or local governments for audits of new entrant motor carriers, the Secretary of Transportation may withhold such funds from a State or local government that is unable to use government employees to conduct new entrant motor carrier audits and may transfer such funds to ``Motor Carrier Safety Operations and Programs'' to conduct audits in those jurisdictions.
Administrative Provisions--Federal Motor Carrier Safety Administration
Sec. 120. Funds appropriated or limited in this Act shall be subject to the terms and conditions stipulated in section 350 of Public Law 107-87, including that the Secretary submit a report to the House and Senate Appropriations Committees annually on the safety and security of transportation into the United States by Mexico-domiciled motor carriers.
Sec. 121. None of the funds appropriated or otherwise made available by this Act may be used to implement or enforce any provisions of the Final Rule, issued on April 16, 2003
(Docket No. FMCSA-97-2350), with respect to either of the following:
(1) The operators of utility service vehicles, as that term is defined in section 395.2 of title 49, Code of Federal Regulations.
(2) Maximum daily hours of service for drivers engaged in the transportation of property or passengers to or from a motion picture or television production site located within a 100-air mile radius of the work reporting location of such drivers.
National Highway Traffic Safety Administration
Operations and Research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, 49 U.S.C. 301, and part C of subtitle VI of 49 U.S.C., $226,688,000, to be derived from the Highway Trust Fund: Provided, That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 2006, are in excess of $226,688,000 for programs authorized under such sections: Provided further, That none of the funds appropriated by this Act may be obligated or expended to plan, finalize, or implement any rulemaking to add to section 575.104 of title 49 of the Code of Federal Regulations any requirement pertaining to a grading standard that is different from the three grading standards (treadwear, traction, and temperature resistance) already in effect.
National Driver Register
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out chapter 303 of title 49, United States Code, $4,000,000, to be derived from the Highway Trust Fund and remain available until expended: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of
$4,000,000 for the National Driver Register authorized under chapter 303 of title 49, United States Code.
Highway Traffic Safety Grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402, 405, 406, 407A, 410, 412, section 7212(a)(9) of the Highway Safety Grant Program Reauthorization Act of 2005 to pay administrative and related operating expenses under 23 U.S.C. 402, 405, 406, 407A, 410, 412, 413 and 414, and section 7223 of the Highway Safety Grant Program Reauthorization Act of 2005, to remain available until expended, $548,182,095 to be derived from the Highway Trust Fund (other than the Mass Transit Account): Provided, That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 2006, are in excess of
$548,182,095 for programs authorized under 23 U.S.C. 402, 405, 406, 407A, 410, 412, 413 and 414, and section 7223 of the Highway Safety Grant Program Reauthorization Act of 2005, of which $209,217,985 shall be for ``Highway Safety Programs'' under 23 U.S.C. 402, $149,667,110 shall be for
``Occupant Protection Programs'' under 23 U.S.C. 405,
$7,400,000 shall be for ``Demonstration Programs related to older drivers, law enforcement, and motorcycle training'' under 23 U.S.C. 406, $5,000,000 shall be for the ``Emergency Medical Services Program'' under 23 U.S.C. 407A, $115,721,000 shall be for the ``Impaired Driving Program'' under 23 U.S.C. 410, $45,000,000 shall be for ``State Traffic Safety Information System Improvements'' under 23 U.S.C. 412,
$16,176,000 shall be for ``administrative and related operating expenses'' under section 7212(a)(9) of the Highway Safety Grant Program Reauthorization Act of 2005 for 23 U.S.C. 402, 405, 406, 407A, 410, 412, 413 and 414, and section 7223 of the Highway Safety Grant Program Reauthorization Act of 2005: Provided further, That none of these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local or private buildings or structures: Provided further, That not to exceed $500,000 of the funds made available for section 410 ``Alcohol-Impaired Driving Countermeasures Grants'' shall be available for technical assistance to the States.
Administrative Provisions--National Highway Traffic Safety
Administration
Sec. 130. Notwithstanding any other provision of law, States may use funds provided in this Act under section 402 of title 23, United States Code, to produce and place highway safety public service messages in television, radio, cinema, and print media, and on the Internet in accordance with guidance issued by the Secretary of Transportation: Provided, That any State that uses funds for such public service messages shall submit to the Secretary a report describing and assessing the effectiveness of the messages: Provided further, That $10,000,000 of the funds allocated under section 157 of title 23, United States Code, shall be used as directed by the National Highway Traffic Safety Administrator to purchase national paid advertising (including production and placement) to support national safety belt mobilizations: Provided further, That, of the funds allocated under section 163 of title 23, United States Code, $6,000,000 shall be used as directed by the Administrator to support national impaired driving mobilizations and enforcement efforts, and $14,000,000 shall be used as directed by the Administrator to purchase national paid advertising (including production and placement) to support such national impaired driving mobilizations and enforcement efforts.
Sec. 131. Notwithstanding any other provision of law, for fiscal year 2006 the Secretary of Transportation is authorized to use amounts made available to carry out section 157 of title 23, United States Code, to make innovative project allocations, not to exceed the prior year's amounts for such allocations, before making incentive grants for use of seat belts.
Sec. 132. Notwithstanding any other provision of law, not to exceed $130,000 of the funds made available under sections 403 of title 23 U.S.C. and 7212(a)(9) of the Highway Safety Grant Program Reauthorization Act of 2005 to pay administrative and related operating expenses under 23 U.S.C. 402 shall be available to the National Highway Traffic Safety Administration for travel and related expenses for State management reviews and highway safety staff core competency development training.
Federal Railroad Administration
Safety and Operations
For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $146,000,000, of which $13,856,000 shall remain available until expended.
Railroad Research and Development
For necessary expenses for railroad research and development, $41,000,000, to remain available until expended.
Railroad Rehabilitation and Improvement Program
The Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding: Provided, That pursuant to section 502 of such Act, as amended, no new direct loans or loan guarantee commitments shall be made using Federal funds for the credit risk premium during fiscal year 2006.
Next Generation High-Speed Rail
For necessary expenses for the Next Generation High-Speed Rail program as authorized under 49 U.S.C. 26101 and 26102,
$11,500,000, to remain available until expended.
Alaska Railroad Rehabilitation
To enable the Secretary of Transportation to make grants to the Alaska Railroad, $20,000,000, for capital rehabilitation and improvements benefiting its passenger operations, to remain available until expended.
Grants to the National Railroad Passenger Corporation
To enable the Secretary of Transportation to make a grant to the National Railroad Passenger Corporation
(``Corporation'') for the operation and capital expenses of intercity passenger rail service, $1,450,000,000, to remain available until expended: Provided, That, not later than six months after the date of enactment of this Act, no federal grants from funds appropriated under this heading shall be used by the National Railroad Passenger Corporation for the purposes of providing food and beverage services except as a capital expenditure that results in no operating subsidy: Provided further, That, not later than six months after the date of enactment of this Act, Amtrak shall provide food and beverage service on its trains only if revenues from the provision of food and beverage service shall equal or exceed the cost of providing said service, pursuant to 49 U.S.C. Section 24305: Provided further, That, not later than six months after the date of enactment of this Act, no funds appropriated under this heading shall be used by the Corporation for the purposes of providing sleeper car service except to the extent that the revenues from the provision of sleeper car accommodations equal or exceed the cost of providing said service: Provided further, That the Corporation may impose a passenger service surcharge on each ticket issued equivalent to 5 percent of the value of said ticket for all tickets issued for travel in the Northeast Corridor, or route segment, between Washington, DC and Boston, MA and equivalent to 2 percent of the value of said ticket price for all tickets issued for travel on a route outside the Northeast Corridor, the proceeds of which shall be used for capital investments: Provided further, That the Corporation shall not impose said surcharge if it finds that such a surcharge shall have a deleterious impact on ridership and revenues: Provided further, That, of the funds provided under this section, not less than $5,000,000 shall be expended for the development and implementation of a managerial cost accounting system, which includes average and marginal unit cost capability: Provided further, That within 30 days of development of the managerial cost accounting system, the Department of Transportation Inspector General shall review and comment to the Secretary of Transportation and the House and Senate Committees on Appropriations, upon the strengths and weaknesses of the system and how it best can be implemented to improve decision making by the Board of Directors and management of the Corporation: Provided further, That the Corporation shall determine the cost to the Corporation for the annual Northeast Corridor maintenance costs attributable to commuter rail operations over said Corridor: Provided further, that these costs shall be calculated by the Corporation based on the train mile usage of each commuter rail authority as a percentage of the total number of annual train miles used by all users of the Northeast Corridor: Provided further, That, notwithstanding any other provision of law, the Secretary may assess fees to each commuter rail authority for any direct maintenance costs associated with that rail authority's train mile usage of the corridor minus any direct annual contributions made by that commuter authority for the use of the northeast Corridor in that fiscal year: Provided further, That no funds may be used by the National Railroad Passenger Corporation to influence a member of Congress in acting upon proposed legislation except to the extent that such efforts are consistent with the program and policies of the Amtrak Board of Directors as articulated by the Amtrak President.
Administrative PROVISIONS--FEDERAL RAILROAD ADMINISTRATION
Sec. 140. Notwithstanding any other provision of law, from funds made available to the Federal Railroad Administration under the heading ``Next Generation High-Speed Rail'' in the Consolidated Appropriations Act of 2005 (Public Law 108-447), the Secretary of Transportation shall award a grant in the amount of $500,000 to the Maine Department of Transportation for Safety and Mitigation Rail Relocation in Auburn, Maine.
Sec. 141. Notwithstanding any other provision of law, funds made available to the Federal Railroad Administration for the Illinois statewide highway-rail crossing safety program on page 1420 of the Joint Explanatory Statement of the Committee of Conference for Public Law 108-447 (House Report 108-792) shall be made available to the Illinois Commerce Commission for the Public Education and Enforcement Research (PEERS) program to improve rail-grade crossing safety through education and enforcement initiatives.
Sec. 142. Notwithstanding any existing federal legislation, from funds available to the Federal Railroad Administration under the heading of ``Next Generation High-Speed Rail'' in the Consolidated Appropriations Act of 2004, Public Law 108-199; the Secretary of Transportation may award a grant of
$1,000,000 to the New Orleans Regional Planning Commission, New Orleans, Louisiana for site planning and an update of the Master Plan for the Union Passenger Terminal, located at New Orleans, Louisiana.
Federal Transit Administration
Administrative Expenses
For necessary administrative expenses of the Federal Transit Administration's programs authorized by chapter 53 of title 49, United States Code, $13,411,000: Provided, That no more than $79,544,000 of budget authority shall be available for these purposes: Provided further, That of the funds available not to exceed $925,000 shall be available for the Office of the Administrator; not to exceed $6,800,000 shall be available for the Office of Administration; not to exceed
$4,200,000 shall be available for the Office of the Chief Counsel; not to exceed $1,300,000 shall be available for the Office of Communication and Congressional Affairs; not to exceed $7,500,000 shall be available for the Office of Program Management; not to exceed $7,200,000 shall be available for the Office of Budget and Policy; not to exceed
$4,700,000 shall be available for the Office of Demonstration and Innovation; not to exceed $3,000,000 shall be available for the Office of Civil Rights; not to exceed $4,200,000 shall be available for the Office of Planning; not to exceed
$21,000,000 shall be available for regional offices; and not to exceed $16,219,000 shall be available for the central account: Provided further, That the Administrator is authorized to transfer funds appropriated for an office of the Federal Transit Administration: Provided further, That no appropriation for an office shall be increased or decreased by more than a total of 5 percent during the fiscal year by all such transfers: Provided further, That any change in funding greater than 5 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That any funding transferred from the central account shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That none of the funds provided or limited in this Act may be used to create a permanent office of transit security under this heading: Provided further, That of the funds in this Act available for the execution of contracts under section 5327(c) of title 49, United States Code, $2,000,000 shall be reimbursed to the Department of Transportation's Office of Inspector General for costs associated with audits and investigations of transit-related issues, including reviews of new fixed guideway systems: Provided further, That up to $2,500,000 for the National transit database shall remain available until expended: Provided further, That upon submission to the Congress of the fiscal year 2007 President's budget, the Secretary of Transportation shall transmit to Congress the annual report on new starts, including proposed allocations of funds for fiscal year 2007.
Formula Grants
For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310, 5311, 5327, and section 3038 of Public Law 105-178,
$734,117,000, to remain available until expended: Provided, That no more than $4,354,191,000 of budget authority shall be available for these purposes.
University Transportation Research
For necessary expenses to carry out 49 U.S.C. 5505,
$981,000, to remain available until expended: Provided, That no more than $5,818,000 of budget authority shall be available for these purposes.
Transit Planning and Research
For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322,
$26,350,000, to remain available until expended: Provided, That no more than $156,287,000 of budget authority shall be available for these purposes: Provided further, That
$5,208,000 is available to provide rural transportation assistance (49 U.S.C. 5311(b)(2)), $3,967,000 is available to carry out programs under the National Transit Institute (49 U.S.C. 5315), $8,992,000 is available to carry out transit cooperative research programs (49 U.S.C. 5313(a)),
$104,004,000 is available for State and metropolitan planning; and $34,116,000 is available for the national planning and research program (49 U.S.C. 5314).
Trust Fund Share of Expenses
(liquidation of contract authorization)
(highway trust fund)
Notwithstanding any other provision of law, for payment of obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038 of Public Law 105-178, $6,824,667,000, to remain available until expended, and to be derived from the Mass Transit Account of the Highway Trust Fund: Provided, That
$3,620,074,000 shall be paid to the Federal Transit Administration's formula grants account: Provided further, That $129,937,000 shall be paid to the Federal Transit Administration's transit planning and research account: Provided further, That $66,133,000 shall be paid to the Federal Transit Administration's administrative expenses account: Provided further, That $4,837,000 shall be paid to the Federal Transit Administration's university transportation research account: Provided further, That
$101,292,000 shall be paid to the Federal Transit Administration's job access and reverse commute grants program: Provided further, That $2,902,394,000 shall be paid to the Federal Transit Administration's Capital Investment Grants account.
Capital Investment Grants
For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, and 5327, $588,578,000, to remain available until expended: Provided, That no more than $3,490,972,000 of budget authority shall be available for these purposes: Provided further, That there shall be available for fixed guideway modernization, $1,307,473,000; there shall be available for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities, $796,977,000, and there shall be available for new fixed guideway systems $1,386,522,000, to be available as follows:
Alaska and Hawaii ferry projects, $10,296,000;
Baltimore Central Light Rail Double Track Project, Maryland, $12,420,000;
Central Phoenix/East Valley LRT, Arizona, $90,000,000;
Charlotte South Corridor Light Rail Project, North Carolina, $55,000,000;
City of Miami Streetcar, Florida, $2,000,000;
City of Rock Hill Trolley Study, South Carolina, $400,000;
Commuter Rail, Albuquerque to Santa Fe, New Mexico,
$500,000;
Commuter Rail, Utah, $9,000,000;
CORRIDORone Regional Rail Project, Pennsylvania,
$1,500,000;
CTA Douglas Blue Line, Illinois, $45,150,000;
CTA Ravenswood Brown Line, Illinois, $40,000,000;
Dallas Northwest/Southeast Light Rail MOS, Texas,
$12,000,000;
Dulles Corridor Rapid Transit Project, Virginia,
$26,000,000;
East Corridor Commuter Rail, Nashville, Tennessee,
$6,000,000;
East Side Access Project, New York, $340,000,000;
Euclid Corridor Transportation Project, Ohio, $24,774,513;
Gainesville-Haymarket VRE Service Extension, Virginia,
$1,450,000;
Hartford-New Britain Busway, Connecticut, $6,000,000;
Hudson-Bergen Light Rail MOS 2, New Jersey, $100,000,000;
Kansas City, MO, Southtown BRT, $12,300,000;
Metra, Illinois, $42,180,000;
Metro Gold Line Eastside Light Rail Extension, California,
$80,000,000;
Houston METRO, Texas, $12,000,000;
Mid-Coast Light Rail Transit Extension, California,
$7,160,000;
Mid-Jordan Light Rail Transit Line, Utah, $500,000;
Mission Valley East, California, $7,700,000;
New Jersey Trans-Hudson Midtown Corridor, New Jersey,
$3,315,000;
North Corridor Interstate MAX Light Rail Project, Oregon,
$18,110,000;
North Shore Connector, Pennsylvania, $55,000,000;
Northeast Corridor Commuter Rail Project, Delaware,
$1,425,000;
Northstar Corridor Commuter Rail Project, Minnesota,
$2,000,000;
Oceanside Escondido Rail Project, California, $12,210,000;
Regional Fixed Guideway Project, Nevada, $3,000,000;
Rhode Island Integrated Commuter Rail Project, Rhode Island, $6,000,000;
San Francisco BART Extension to San Francisco International Airport, California, $81,860,000;
San Francisco Muni Third Street Light Rail Project, California, $10,000,000;
San Juan Tren Urbano, Puerto Rico, $10,200,000;
Schuylkill Valley Metro, Pennsylvania, $2,000,000;
Seattle Sound Transit, Washington, $80,000,000;
Second Avenue Subway, New York, $25,000,000;
Silicon Valley Rapid Transit Corridor Project, Santa Clara County, California, $5,000,000;
Silver Line Phase III, Massachusetts, $4,000,000;
Sounder Commuter Rail, Washington, $5,000,000;
Southeast Corridor Multi-Modal Project (T-REX), Colorado,
$80,000,000;
Triangle Transit Authority Regional Rail System (Raleigh-Durham), North Carolina, $18,000,000;
Washington County Commuter Rail Project, Oregon,
$15,000,000;
West Corridor Light Rail, Colorado, $5,000,000.
Job Access and Reverse Commute Grants
For necessary expenses to carry out section 3037 of the Federal Transit Act of 1998, $20,541,000, to remain available until expended: Provided, That no more than $121,833,000 of budget authority shall be available for these purposes: Provided further, That up to $300,000 of the funds provided under this heading may be used by the Federal Transit Administration for technical assistance and support and performance reviews of the Job Access and Reverse Commute Grants program.
Administrative Provisions--Federal Transit Administration
Sec. 150. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338, previously made available for obligation, or to any other authority previously made available for obligation.
Sec. 151. Notwithstanding any other provision of law, and except for fixed guideway modernization projects, funds made available by this Act under ``Federal Transit Administration, Capital investment grants'' for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2008, and other recoveries, shall be made available for other projects under 49 U.S.C. 5309.
Sec. 152. Notwithstanding any other provision of law, any funds appropriated before October 1, 2005, under any section of chapter 53 of title 49, United States Code, that remain available for expenditure may be transferred to and administered under the most recent appropriation heading for any such section.
Sec. 153. Notwithstanding any other provision of law, any Office of Management and Budget Circular or any policy, directive, or regulation, funds made available from the Mass Transit Account of the Highway Trust Fund in this Act may not be deposited in the General Fund of the United States Treasury: Provided, That obligations incurred to carry out any Federal Transit program, project or activity shall be liquidated first from amounts appropriated for that program, project or activity from the General Fund of the United States Treasury until the appropriated amount is depleted.
Sec. 154. Notwithstanding any other provision of law, unobligated funds made available for a new fixed guideway systems projects under the heading ``Federal Transit Administration, Capital Investment Grants'' in any appropriations Act prior to this Act may be used during this fiscal year to satisfy expenses incurred for such projects.
Sec. 155. Funds made available for Alaska or Hawaii ferry boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be used to construct new vessels and facilities, or to improve existing vessels and facilities, including both the passenger and vehicle-related elements of such vessels and facilities, and for repair facilities: Provided, That not more than $3,000,000 of the funds made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the State of Hawaii to initiate and operate a passenger ferryboat services demonstration project to test the viability of different intra-island and inter-island ferry boat routes and technology: Provided further, That notwithstanding 49 U.S.C. 5302(a)(7), funds made available for Alaska or Hawaii ferry boats may be used to acquire passenger ferry boats and to provide passenger ferry transportation services within areas of the State of Hawaii under the control or use of the National Park Service.
Sec. 156. Amounts made available from the bus category of the Capital Investment Grants Account or Discretionary Grants Account in this or any other previous Appropriations Act that remain unobligated or unexpended in a grant for a multimodal transportation facility in Burlington, Vermont, may be used for site-preparation and design purposes of a multimodal transportation facility in a different location within Burlington, Vermont, than originally intended notwithstanding previous expenditures incurred such purposes at the original location.
Sec. 157. Notwithstanding any other provision of law, funds designated in the conference report accompanying Public Law 108-447 and Public Law 108-199 for the King County Metro Park and Ride on First Hill, Seattle, Washington, shall be available to the Swedish Hospital parking garage, Seattle, Washington, subject to the same conditions and requirements of Section 125 of Division H of Public Law 108-447.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9101-9110), as may be necessary in carrying out the programs set forth in the Corporation's budget for the current fiscal year.
Operations and Maintenance
(harbor maintenance trust fund)
For necessary expenses for operations and maintenance of those portions of the Saint Lawrence Seaway operated and maintained by the Saint Lawrence Seaway Development Corporation, $16,284,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662.
Maritime Administration
Maritime Security Program
For necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United States, $156,000,000, to remain available until expended.
Operations and Training
For necessary expenses of operations and training activities authorized by law, $118,649,000 of which
$23,750,000 shall remain available until September 30, 2006, for salaries and benefits of employees of the United States Merchant Marine Academy; of which $13,033,000 shall remain available until expended for capital improvements at the United States Merchant Marine Academy; and of which
$8,211,000 shall remain available until expended for the State Maritime Schools Schoolship Maintenance and Repair.
Ship Disposal
For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $21,000,000, to remain available until expended.
Maritime Guaranteed Loan (Title XI) Program Account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan program, not to exceed $4,726,000, which shall be transferred to and merged with the appropriation for Operations and Training.
National Defense Tank Vessel Construction Program
For necessary expenses to carry out the program of financial assistance for the construction of new product tank vessels as authorized by section 53101 of title 46, United States Code, as amended, $25,000,000, to remain available until expended.
Ship Construction
(rescission)
Of the unobligated balances available under this heading,
$2,071,280 are rescinded.
Administrative Provisions--Maritime Administration
Sec. 160. Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration, and payments received therefore shall be credited to the appropriation charged with the cost thereof: Provided, That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall be covered into the Treasury as miscellaneous receipts.
Sec. 161. No obligations shall be incurred during the current fiscal year from the construction fund established by the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), or otherwise, in excess of the appropriations and limitations contained in this Act or in any prior appropriations Act.
Pipeline and Hazardous Materials Safety Administration
Administrative Expenses
For necessary administrative expenses of the Pipeline and Hazardous Materials Safety Administration, $16,877,000, of which $645,000 shall be derived from the Pipeline Safety Fund.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $26,138,000, of which $1,847,000 shall remain available until September 30, 2008: Provided, That up to $1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as offsetting receipts: Provided further, That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions.
Pipeline Safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline safety program, for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990 (Public Law 101-380), $73,165,000, of which $15,000,000 shall be derived from the Oil Spill Liability Trust Fund and shall remain available until September 30, 2008; of which $58,165,000 shall be derived from the Pipeline Safety Fund, of which $24,000,000 shall remain available until September 30, 2008: Provided, That not less than $1,000,000 of the funds provided under this heading shall be for the one-call State grant program.
Emergency Preparedness Grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5127(c),
$200,000, to be derived from the Emergency Preparedness Fund, to remain available until September 30, 2007: Provided, That not more than $14,300,000 shall be made available for obligation in fiscal year 2006 from amounts made available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That none of the funds made available by 49 U.S.C. 5116(i), 5127(c), and 5127(d) shall be made available for obligation by individuals other than the Secretary of Transportation, or his designee.
Research and Innovative Technology Administration
Research and Development
For necessary expenses of the Research and Innovative Technology Administration, $4,326,000, of which $1,000,000 shall remain available until September 30, 2008: Provided, That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training.
Office of Inspector General
Salaries and Expenses
For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $62,499,000: Provided, That the Inspector General shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended
(5 U.S.C. App. 3), to investigate allegations of fraud, including false statements to the government (18 U.S.C. 1001), by any person or entity that is subject to regulation by the Department: Provided further, That the funds made available under this heading shall be used to investigate, pursuant to section 41712 of title 49, United States Code:
(1) unfair or deceptive practices and unfair methods of competition by domestic and foreign air carriers and ticket agents; and (2) the compliance of domestic and foreign air carriers with respect to item (1) of this proviso.
Surface Transportation Board
Salaries and Expenses
For necessary expenses of the Surface Transportation Board, including services authorized by 5 U.S.C. 3109, $24,388,000: Provided, That notwithstanding any other provision of law, not to exceed $1,250,000 from fees established by the Chairman of the Surface Transportation Board shall be credited to this appropriation as offsetting collections and used for necessary and authorized expenses under this heading: Provided further, That the sum herein appropriated from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2006, to result in a final appropriation from the general fund estimated at no more than $23,138,000.
Administrative Provisions--Department of Transportation
(including transfers of funds)
Sec. 170. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 171. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV.
Sec. 172. None of the funds in this Act shall be available for salaries and expenses of more than 109 political and Presidential appointees in the Department of Transportation: Provided, That none of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transportation.
Sec. 173. None of the funds in this Act shall be used to implement section 404 of title 23, United States Code.
Sec. 174. (a) No recipient of funds made available in this Act shall disseminate personal information (as defined in 18 U.S.C. 2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in noncompliance with this provision.
Sec. 175. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account, the Federal Transit Administration's ``Transit Planning and Research'' account, and to the Federal Railroad Administration's ``Safety and Operations'' account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105.
Sec. 176. Notwithstanding any other provisions of law, rule or regulation, the Secretary of Transportation is authorized to allow the issuer of any preferred stock heretofore sold to the Department to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary.
Sec. 177. None of the funds in this Act to the Department of Transportation may be used to make a grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any discretionary grant award, letter of intent, or full funding grant agreement totaling $1,000,000 or more is announced by the department or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration other than the emergency relief program; (2) the airport improvement program of the Federal Aviation Administration; or (3) any program of the Federal Transit Administration other than the formula grants and fixed guideway modernization programs: Provided, That no notification shall involve funds that are not available for obligation.
Sec. 178. Rebates, refunds, incentive payments, minor fees and other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to elements of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended.
Sec. 179. Amounts made available in this or any other Act that the Secretary determines represent improper payments by the Department of Transportation to a third party contractor under a financial assistance award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper payments; and
(2) to pay contractors for services provided in recovering improper payments: Provided, That amounts in excess of that required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the appropriation from which the improper payments were made, and shall be available for the purposes and period for which such appropriations are available; or
(B) if no such appropriation remains available, shall be deposited in the Treasury as miscellaneous receipts: Provided, That prior to the transfer of any such recovery to an appropriations account, the Secretary shall notify the House and Senate Committees on Appropriations of the amount and reasons for such transfer: Provided further, That for purposes of this section, the term ``improper payments'', has the same meaning as that provided in section 2(d)(2) of Public Law 107-300.
Sec. 180. The Secretary of Transportation is authorized to transfer the unexpended balances available for the bonding assistance program from ``Office of the Secretary, Salaries and expenses'' to ``Minority Business Outreach''.
Sec. 181. None of the funds made available in this Act to the Department of Transportation may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for Congressional notification.
Sec. 182. Funds provided in this Act for the Working Capital Fund shall be reduced by $1,000,000, which limits fiscal year 2006 Working Capital Fund obligational authority for elements of the Department of Transportation funded in this Act to no more than $119,014,000: Provided, That such reductions from the budget request shall be allocated by the Department of Transportation to each appropriations account in proportion to the amount included in each account for the Working Capital Fund.
Sec. 183. For the purpose of any applicable law, for fiscal years 2004 and 2005, the city of Norman, Oklahoma, shall be considered to be part of the Oklahoma City urbanized area.
This title may be cited as the ``Department of Transportation Appropriations Act, 2006''.
TITLE II--DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and Expenses
(including transfer of funds)
For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Annex; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business, $197,591,000, of which not to exceed $8,642,366 is for executive direction program activities; not to exceed
$7,851,946 is for general counsel program activities; not to exceed $32,010,626 is for economic policies and programs activities; not to exceed $27,220,470 is for financial policies and programs activities; not to exceed $39,938,449 is for financial crimes policies and programs activities; not to exceed $16,843,447 is for Treasury-wide management policies and programs activities; and not to exceed
$65,083,696 is for administration programs activities: Provided, That of the amount appropriated for financial crimes policies and programs activities, $22,032,016 is for the Office of Foreign Assets Control and shall support no less than 125 full time equivalent positions: Provided further, That the Secretary of the Treasury is authorized to transfer funds appropriated for any program activity of the Departmental Offices to any other program activity of the Departmental Offices upon notification to the House and Senate Committees on Appropriations: Provided further, That no appropriation for any program activity shall be increased or decreased by more than 2.5 percent by all such transfers: Provided further, That any change in funding greater than 2.5 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That of the amount appropriated under this heading, not to exceed
$3,000,000, to remain available until September 30, 2007, for information technology modernization requirements; not to exceed $100,000 for official reception and representation expenses; and not to exceed $258,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate: Provided further, That of the amount appropriated under this heading,
$5,173,000, to remain available until September 30, 2007, is for the Treasury-wide Financial Statement Audit Program, of which such amounts as may be necessary may be transferred to accounts of the Department's offices and bureaus to conduct audits: Provided further, That this transfer authority shall be in addition to any other provided in this Act.
Department-Wide Systems and Capital Investments Programs
(including transfer of funds)
For development and acquisition of automatic data processing equipment, software, and services for the Department of the Treasury, $24,412,000, to remain available until September 30, 2008: Provided, That these funds shall be transferred to accounts and in amounts as necessary to satisfy the requirements of the Department's offices, bureaus, and other organizations: Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further, That none of the funds appropriated shall be used to support or supplement ``Internal Revenue Service, Information Systems'' or ``Internal Revenue Service, Business Systems Modernization''.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, not to exceed $2,000,000 for official travel expenses, including hire of passenger motor vehicles; and not to exceed $100,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General of the Treasury,
$16,722,000, of which not to exceed $2,500 shall be available for official reception and representation expenses.
Treasury Inspector General for Tax Administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax Administration in carrying out the Inspector General Act of 1978, as amended, including purchase (not to exceed 150 for replacement only for police-type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be determined by the Inspector General for Tax Administration; not to exceed $6,000,000 for official travel expenses; and not to exceed $500,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General for Tax Administration, $133,286,000; and of which not to exceed
$1,500 shall be available for official reception and representation expenses.
Air Transportation Stabilization Program Account
For necessary expenses to administer the Air Transportation Stabilization Board established by section 102 of the Air Transportation Safety and System Stabilization Act (Public Law 107-42), $2,942,000.
Treasury Building and Annex Repair and Restoration
For the repair, alteration, and improvement of the Treasury Building and Annex, $10,000,000, to remain available until September 30, 2008.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network, including hire of passenger motor vehicles; travel expenses of non-Federal law enforcement personnel to attend meetings concerned with financial intelligence activities, law enforcement, and financial regulation; not to exceed
$14,000 for official reception and representation expenses; and for assistance to Federal law enforcement agencies, with or without reimbursement, $73,630,000 of which not to exceed
$6,944,000 shall remain available until September 30, 2008; and of which $8,521,000 shall remain available until September 30, 2007: Provided, That funds appropriated in this account may be used to procure personal services contracts.
Financial Management Service
Salaries and Expenses
For necessary expenses of the Financial Management Service,
$236,243,000, of which not to exceed $9,220,000 shall remain available until September 30, 2008, for information systems modernization initiatives; and of which not to exceed $2,500 shall be available for official reception and representation expenses.
Alcohol and Tobacco Tax and Trade Bureau
Salaries and Expenses
For necessary expenses of carrying out section 1111 of the Homeland Security Act of 2002, including hire of passenger motor vehicles, $91,126,000; of which not to exceed $6,000 for official reception and representation expenses; not to exceed $50,000 for cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement.
Bureau of the Public Debt
Administering the Public Debt
For necessary expenses connected with any public-debt issues of the United States, $179,923,000, of which not to exceed $2,500 shall be available for official reception and representation expenses, and of which not to exceed
$2,000,000 shall remain available until expended for systems modernization: Provided, That the sum appropriated herein from the General Fund for fiscal year 2006 shall be reduced by not more than $3,000,000 as definitive security issue fees and Treasury Direct Investor Account Maintenance fees are collected, so as to result in a final fiscal year 2006 appropriation from the General Fund estimated at $176,923,000. In addition, $70,000 to be derived from the Oil Spill Liability Trust Fund to reimburse the Bureau for administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of Public Law 101-380.
Community Development Financial Institutions Fund
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and Financial Institutions Act of 1994 (Public Law 103-325), including services authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for ES-3, $55,000,000, to remain available until September 30, 2007, of which $4,000,000 shall be for financial assistance, technical assistance, training and outreach programs designed to benefit Native American, Native Hawaiian, and Alaskan Native communities and provided primarily through qualified community development lender organizations with experience and expertise in community development banking and lending in Indian country, Native American organizations, tribes and tribal organizations and other suitable providers, and up to $13,500,000 may be used for administrative expenses, including administration of the New Markets Tax Credit, up to $6,000,000 may be used for the cost of direct loans, and up to $250,000 may be used for administrative expenses to carry out the direct loan program: Provided, That the cost of direct loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $11,000,000.
United States Mint
United States Mint Public Enterprise Fund
Pursuant to section 5136 of title 31, United States Code, the United States Mint is provided funding through the United States Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, including both operating expenses and capital investments. The aggregate amount of new liabilities and obligations incurred during fiscal year 2006 under such section 5136 for circulating coinage and protective service capital investments of the United States Mint shall not exceed $36,900,000.
Internal Revenue Service
Processing, Assistance, and Management
For necessary expenses of the Internal Revenue Service for pre-filing taxpayer assistance and education, filing and account services, shared services support, general management and administration; and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner,
$4,136,578,000, of which up to $4,100,000 shall be for the Tax Counseling for the Elderly Program, of which $8,000,000 shall be available for low-income taxpayer clinic grants, and of which not to exceed $25,000 shall be for official reception and representation expenses.
Tax Law Enforcement
(including transfer of funds)
For necessary expenses of the Internal Revenue Service for determining and establishing tax liabilities; providing litigation support; conducting criminal investigation and enforcement activities; securing unfiled tax returns; collecting unpaid accounts; conducting a document matching program; resolving taxpayer problems through prompt identification, referral and settlement; expanded customer service and public outreach programs, strengthened enforcement activities, and enhanced research efforts to reduce erroneous filings associated with the earned income tax credit; compiling statistics of income and conducting compliance research; purchase (for police-type use, not to exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner,
$4,725,756,000, of which not to exceed $1,000,000 shall remain available until September 30, 2008, for research: Provided, That up to $10,000,000 may be transferred as necessary from this account to the IRS Processing, Assistance, and Management appropriation or the IRS Information Systems appropriation solely for the purposes of management of the Earned Income Tax Credit compliance program and to reimburse the Social Security Administration for the cost of implementing section 1090 of the Taxpayer Relief Act of 1997 (Public Law 105-33): Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act.
Information Systems
For necessary expenses of the Internal Revenue Service for information systems and telecommunications support, including developmental information systems and operational information systems; the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner,
$1,597,717,000, of which $75,000,000 shall remain available until September 30, 2007.
Business Systems Modernization
For necessary expenses of the Internal Revenue Service,
$199,000,000, to remain available until September 30, 2008, for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That none of these funds may be obligated until the Internal Revenue Service submits to the Committees on Appropriations, and such Committees approve, a plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11; (2) complies with the Internal Revenue Service's enterprise architecture, including the modernization blueprint; (3) conforms with the Internal Revenue Service's enterprise life cycle methodology; (4) is approved by the Internal Revenue Service, the Department of the Treasury, and the Office of Management and Budget; (5) has been reviewed by the Government Accountability Office; and (6) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government.
Health Insurance Tax Credit Administration
For expenses necessary to implement the health insurance tax credit included in the Trade Act of 2002 (Public Law 107-210), $20,210,000.
Administrative Provisions--Internal Revenue Service
(including transfer of funds)
Sec. 200. Not to exceed 5 percent of any appropriation made available in this Act to the Internal Revenue Service or not to exceed 3 percent of appropriations under the heading ``Tax Law Enforcement'' may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the Committees on Appropriations.
Sec. 201. The Internal Revenue Service shall maintain a training program to ensure that Internal Revenue Service employees are trained in taxpayers' rights, in dealing courteously with the taxpayers, and in cross-cultural relations.
Sec. 202. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality of taxpayer information.
Sec. 203. Funds made available by this or any other Act to the Internal Revenue Service shall be available for improved facilities and increased manpower to provide sufficient and effective 1-800 help line service for taxpayers. The Commissioner shall continue to make the improvement of the Internal Revenue Service 1-800 help line service a priority and allocate resources necessary to increase phone lines and staff to improve the Internal Revenue Service 1-800 help line service.
Sec. 204. None of the funds made available in this Act may be used to reduce taxpayer services until the Treasury Inspector General for Tax Administration completes a study detailing the impact of the IRS's reductions on taxpayer compliance and taxpayer services, and the IRS's plans for providing adequate alternative services, and submits such study to the Committees on Appropriations of the House of Representatives and the Senate.
Sec. 205. Of the funds made available by this Act to the Internal Revenue Service, not less than $6,447,000,000 shall be available only for tax enforcement. In addition, of the funds made available by this Act to the Internal Revenue Service, and subject to the same terms and conditions,
$446,000,000 shall be available for enhanced tax enforcement.
Sec. 206. Not later than 90 days after the date of enactment of this Act, the IRS Commissioner shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate on tax enforcement, which includes estimates for the entire tax enforcement program and for the tax enforcement initiative of tax enforcement spending, tax enforcement workload indicators, direct tax enforcement revenue, and an explanation of the methodology and accuracy of the estimates provided.
Sec. 207. Of the funds made available by this Act to the Internal Revenue Service, not less than $166,249,000 shall be available for operating expenses of the Taxpayer Advocate Service.
Sec. 208. The Internal Revenue Service shall submit its fiscal year 2007 congressional budget justifications to the Committees on Appropriations of the House of Representatives and the Senate using the identical structure provided under this Act and only in accordance with the direction specified in the report accompanying this Act.
Sec. 209. Section 3 under the heading ``Administrative Provisions--Internal Revenue Service'' of title I of Public Law 103-329 is amended by striking the last proviso.
Administrative Provisions--Department of the Treasury
(including transfer of funds)
Sec. 210. Appropriations to the Department of the Treasury in this Act shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; purchase of motor vehicles without regard to the general purchase price limitations for vehicles purchased and used overseas for the current fiscal year; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 211. Not to exceed 2 percent of any appropriations in this Act made available to the Departmental Offices--Salaries and Expenses, Office of Inspector General, Financial Management Service, Alcohol and Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and Bureau of the Public Debt, may be transferred between such appropriations upon the advance approval of the Committees on Appropriations: Provided, That no transfer may increase or decrease any such appropriation by more than 2 percent.
Sec. 212. Not to exceed 2 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration's appropriation upon the advance approval of the Committees on Appropriations: Provided, That no transfer may increase or decrease any such appropriation by more than 2 percent.
Sec. 213. Of the funds available for the purchase of law enforcement vehicles, no funds may be obligated until the Secretary of the Treasury certifies that the purchase by the respective Treasury bureau is consistent with Departmental vehicle management principles: Provided, That the Secretary may delegate this authority to the Assistant Secretary for Management.
Sec. 214. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 215. The Secretary of the Treasury may transfer funds from Financial Management Services, Salaries and Expenses to Debt Collection Fund as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such salaries and expenses account from debt collections received in the Debt Collection Fund.
Sec. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104 note), is further amended by striking ``7 years'' and inserting ``8 years''.
Sec. 217. None of the funds appropriated or otherwise made available by this or any other Act may be used by the United States Mint to construct or operate any museum without the explicit approval of the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs.
Sec. 218. None of the funds appropriated or otherwise made available by this or any other Act or source to the Department of the Treasury, the Bureau of Engraving and Printing, and the United States Mint, individually or collectively, may be used to consolidate any or all functions of the Bureau of Engraving and Printing and the United States Mint without the explicit approval of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; the House Committee on Appropriations; and the Senate Committee on Appropriations.
Sec. 219. Not later than 60 days after enactment of this Act, the Secretary of the Treasury shall submit to the Committees on Appropriations a report describing how statutory provisions addressing currency manipulation by America's trading partners contained in, and relating to, title 22 U.S.C. 5304, 5305, and 286y can be better clarified administratively to provide for improved and more predictable evaluation, and to enable the problem of currency manipulation to be better understood by the American people and the Congress.
Sec. 220. None of the funds appropriated or otherwise made available by this or any other Act or source to the Secretary of the Treasury may be expended to develop, study, or implement any plan to reallocate the resources of, or merge the Financial Crimes Enforcement Network into the Departmental Offices--Salaries and Expenses, or any other office within the Department of the Treasury.
This title may be cited as the ``Department of the Treasury Appropriations Act, 2006''.
TITLE III--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
Tenant-Based Rental Assistance
(including transfers of funds)
For activities and assistance for the provision of tenant-based rental assistance authorized under the United States Housing act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$15,636,064,000, to remain available until expended, of which
$11,436,064,000 shall be available on October 1, 2005 and
$4,200,000,000 shall be available on October 1, 2006: Provided, That the amounts made available under this heading are provided as follows:
(1) $14,089,756,000 for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act): Provided, That notwithstanding any other provision of law, from amounts provided under this paragraph, the Secretary for the calendar year 2006 funding cycle shall provide renewal funding for each public housing agency based verified voucher management system (VMS) lease and cost data for the most recent 12 months for which data are available, prior to prorations, and by applying the 2006 Annual Adjustment Factor as established by the Secretary, and by making any necessary adjustments for the costs associated with the first-time renewal of tenant protection or HOPE VI vouchers: Provided further, That the Secretary shall, to the extent necessary to stay within the amount provided under this paragraph, pro rate each public housing agency's allocation otherwise established pursuant to this paragraph: Provided further, That the entire amount provided under this paragraph shall be obligated to the public housing agencies based on the allocation and pro rata method described above: Provided further, That public housing agencies participating in the Moving to Work demonstration shall be funded pursuant to their Moving to Work agreements and shall be subject to the same pro rata adjustments under the previous proviso: Provided further, That up to $45,000,000 shall be available only (1) to adjust the allocations for public housing agencies, after application for an adjustment by a public housing agency and verification by HUD, whose allocation under this heading for contract renewals for the calendar year 2005 funding cycle were based on verified VSM leasing and cost data averaged for the months of May, June, and July of 2004 and solely because of temporarily low leasing levels during the 3-month period did not accurately reflect leasing levels and costs for the 2004 fiscal year of the agencies, and (2) for adjustments for public housing agencies that experienced a significant increase, as determined by the Secretary, in renewal costs resulting from portability under section 8(r) of the United States Housing Act of 1937 of tenant-based rental assistance: Provided further, That none of the funds provided in this paragraph may be used to support a total number of unit months under lease which exceeds a public housing agency's authorized level of units under contract;
(2) $192,000,000 for section 8 rental assistance for relocation and replacement of housing units that are demolished or disposed of pursuant to the Omnibus Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134), conversion of section 23 projects to assistance under section 8, the family unification program under section 8(x) of the Act, relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency, enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act, HOPE VI vouchers, mandatory and voluntary conversions, and tenant protection assistance including replacement and relocation assistance: Provided, That no more than
$12,000,000 can be used for section 8 assistance to cover the cost of judgments and settlement agreements;
(3) $48,000,000 for family self-sufficiency coordinators under section 23 of the Act;
(4) $5,900,000 shall be transferred to the Working Capital Fund;
(5) $1,295,408,000 for administrative and other expenses of public housing agencies in administering the section 8 tenant-based rental assistance program, of which up to
$10,000,000 shall be available to the Secretary to allocate to public housing agencies that need additional funds to administer their section 8 programs: Provided, That
$1,271,000,000 of the amount provided in this paragraph shall be allocated for the calendar year 2006 funding cycle on a pro rata basis to public housing agencies based on the amount public housing agencies were eligible to receive in calendar year 2005: Provided further, That all amounts provided under this paragraph shall be only for activities related to the provision of tenant-based rental assistance authorized under section 8 including related development activities; and
(6) $5,000,000 shall be transferred to the Affordable Housing and Economic Development Technical Assistance Board.
Housing Certificate Fund
(rescission)
Of the unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading or the heading ``Annual contributions for assisted housing'' for fiscal year 2005 and prior years,
$1,500,000,000 are rescinded, to be effected by the Secretary no later than September 30, 2006: Provided, That, to the extent there are not adequate funds for the rescission from said unobligated balances under the headings ``Housing Certificate Fund'' or ``Annual Contribution for Assisted Housing'', additional funds shall first be rescinded of up to 10 percent of the funding available under the heading of
``Salaries and Expenses'' in title III and funding available under the heading of ``Office of Management and Budget'' in title V: Provided further, That should additional funds be needed once the aforementioned rescissions are effectuated to meet the requirements of this paragraph, then, and only then, shall additional funds needed for the rescission be derived from any unobligated funds under any heading under title III: Provided further, That any such balances governed by reallocation provisions under the statute authorizing the program for which the funds were originally appropriated shall be available for the rescission: Provided further, That any obligated balances of contract authority from fiscal year 1974 and prior that have been terminated shall be cancelled: Provided further, That no amounts recaptured from amounts appropriated in prior years under this heading or the heading
``Annual contributions for assisted housing'' and no carryover of such appropriated amounts for project-based assistance shall be available for the calendar year 2006 funding cycle for activities provided for under the heading
``Tenant-based rental assistance''.
Project-Based Rental Assistance
(including transfer of funds)
For activities and assistance for the provision of project-based subsidy contracts under the United States Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not otherwise provided for, $5,072,100,000, to remain available until expended: Provided, That the amounts made available under this heading are provided as follows:
(1) $4,918,100,000 for expiring or terminating section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for amendments to section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for contracts entered into pursuant to section 441 of the McKinney-Vento Homeless Assistance Act, for renewal of section 8 contracts for units in projects that are subject to approved plans of action under the Emergency Low Income Housing Preservation Act of 1987 or the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses associated with project-based activities and assistance funded under this paragraph.
(2) up to $147,200,000 for performance-based contract administrators for section 8 project- based assistance with any unused funds available to preserve section 8 housing.
(3) $1,800,000 shall be transferred to the Working Capital Fund: Provided further, That amounts recaptured under this heading, the heading, ``Annual Contributions for Assisted Housing'', or the heading, ``Housing Certificate Fund'', for project-based section 8 activities may be used for renewals of or amendments to section 8 project-based subsidy contracts or for performance-based contract administrators, notwithstanding the purposes for which such amounts were appropriated.
(4) amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'' may be used for renewals of or amendments to section 8 project-based contracts, notwithstanding the purposes for which such amounts were appropriated.
(5) $5,000,000 shall be transferred to the Affordable Housing and Economic Development Technical Assistance Board.
Public Housing Capital Fund
(including transfers of funds)
For the Public Housing Capital Fund Program to carry out capital and management activities for public housing agencies, as authorized under section 9 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437g) (the
``Act'') $2,327,200,000, to remain available until September 30, 2009: Provided, That notwithstanding any other provision of law or regulation, during fiscal year 2006, the Secretary may not delegate to any Department official other than the Deputy Secretary and the Assistant Secretary for Public and Indian Housing any authority under paragraph (2) of section 9(j) regarding the extension of the time periods under such section: Provided further, That for purposes of such section 9(j), the term ``obligate'' means, with respect to amounts, that the amounts are subject to a binding agreement that will result in outlays, immediately or in the future: Provided further, That of the total amount provided under this heading, up to $11,000,000 shall be for carrying out activities under section 9(h) of such Act: Provided further, That $13,230,000 shall be transferred to the Working Capital Fund: Provided further, That no funds may be used under this heading for the purposes specified in section 9(k) of the United States Housing Act of 1937, as amended: Provided further, That of the total amount provided under this heading, up to $17,000,000 shall be available for the Secretary of Housing and Urban Development to make grants, notwithstanding section 205 of this Act, to public housing agencies for emergency capital needs resulting from unforeseen emergencies and natural disasters occurring in fiscal year 2006: Provided further, That of the total amount provided under this heading, $45,000,000 shall be for supportive services, service coordinators and congregate services as authorized by section 34 of the Act and the Native American Housing Assistance and Self-Determination Act of 1996: Provided further, That of the total amount provided under this heading up to $8,820,000 is to support the costs of administrative and judicial receiverships: Provided further, That of the total amount provided under this heading up to $20,000,000 shall be available for the demolition, relocation, and site remediation of obsolete and severely distressed public housing units: Provided further, That of the total amount provided under this heading, $15,000,000 shall be for Neighborhood Networks grants for activities authorized in section 9(d)(1)(E) of the United States Housing Act of 1937, as amended, of which up to $1,000,000 may be used for technical assistance in connection with such grants as authorized in section 9(h)(8) of such Act: Provided further, That notwithstanding any other provision of law, amounts made available in the previous proviso shall be awarded to public housing agencies on a competitive basis: Provided further, That notwithstanding section 9(d)(1)(E) of the United States Housing Act of 1937, any Neighborhood Networks computer center established with funding made available under this heading in this or any other Act, shall be available for use by residents of public housing and residents of other housing assisted with funding made available under this title in this Act or any other Act.
Public Housing Operating Fund
(Includes Transfer of Funds)
For 2006 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)), $3,557,300,000: Provided, That for fiscal year 2006 and all fiscal years thereafter, the Secretary shall provide assistance under this heading to public housing agencies on a calendar year basis: Provided further, That, in fiscal year 2006 and all fiscal years hereafter, no amounts under this heading in any appropriations Act may be used for payments to public housing agencies for the costs of operation and management of public housing for any year prior to the current year of such Act: Provided further, That no funds may be used under this heading for the purposes specified in section 9(k) of the United States Housing Act of 1937, as amended: Provided further, That of the total amount provided under this heading
$5,000,000 shall be transferred to the Affordable Housing and Economic Development Technical Assistance Board.
Revitalization of Severely Distressed Public Housing (Hope VI)
For grants to public housing agencies for demolition, site revitalization, replacement housing, and tenant-based assistance grants to projects as authorized by section 24 of the United States Housing Act of 1937, as amended,
$150,000,000, to remain available until September 30, 2007, of which the Secretary may use up to $4,000,000 for technical assistance and contract expertise, to be provided directly or indirectly by grants, contracts or cooperative agreements, including training and cost of necessary travel for participants in such training, by or to officials and employees of the department and of public housing agencies and to residents: Provided, That none of such funds shall be used directly or indirectly by granting competitive advantage in awards to settle litigation or pay judgments, unless expressly permitted herein.
Native American Housing Block Grants
(including transfers of funds)
For the Native American Housing Block Grants program, as authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), $622,000,000, to remain available until expended, of which $2,200,000 shall be contracted through the Secretary as technical assistance and capacity building to be used by the National American Indian Housing Council in support of the implementation of NAHASDA; of which $4,500,000 shall be to support the inspection of Indian housing units, contract expertise, training, and technical assistance in the training, oversight, and management of Indian housing and tenant-based assistance, including up to $300,000 for related travel; and of which $2,600,000 shall be transferred to the Working Capital Fund: Provided, That of the amount provided under this heading, $2,000,000 shall be made available for the cost of guaranteed notes and other obligations, as authorized by title VI of NAHASDA: Provided further, That such costs, including the costs of modifying such notes and other obligations, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize the total principal amount of any notes and other obligations, any part of which is to be guaranteed, not to exceed
$17,926,000: Provided further, That for administrative expenses to carry out the guaranteed loan program, up to
$150,000 from amounts in the first proviso, which shall be transferred to and merged with the appropriation for
``Salaries and Expenses'', to be used only for the administrative costs of these guarantees: Provided further, That of the total amount provided under this heading
$5,000,000 shall be transferred to the Affordable Housing and Economic Development Technical Assistance Board.
Indian Housing Loan Guarantee Fund Program Account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a), $5,000,000, to remain available until expended: Provided, That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $145,345,000.
In addition, for administrative expenses to carry out the guaranteed loan program, up to $250,000 from amounts in the first paragraph shall be transferred to and merged with the appropriation for ``Salaries and Expenses'', to be used only for the administrative costs of these guarantees.
Native Hawaiian Housing Loan Guarantee Fund Program Account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b), $1,000,000, to remain available until expended: Provided, That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $37,403,000.
In addition, for administrative expenses to carry out the guaranteed loan program, up to $35,000 from amounts in the first paragraph shall be transferred to and merged with the appropriation for ``Salaries and Expenses'', to be used only for the administrative costs of these guarantees.
Community Planning and Development
Housing Opportunities for Persons With AIDS
For carrying out the Housing Opportunities for Persons with AIDS program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 12901 et seq.), $287,000,000, to remain available until September 30, 2007, except that amounts allocated pursuant to section 854(c)(3) of such Act shall remain available until September 30, 2008: Provided, That the Secretary shall renew all expiring contracts for permanent supportive housing that were funded under section 854(c)(3) of such Act that meet all program requirements before awarding funds for new contracts and activities authorized under this section: Provided further, That the Secretary may use up to $2,200,000 of the funds under this heading for training, oversight, and technical assistance activities.
Rural Housing and Economic Development
For the Office of Rural Housing and Economic Development in the Department of Housing and Urban Development, $24,000,000 to remain available until expended, which amount shall be competitively awarded by September 1, 2006, to Indian tribes, State housing finance agencies, State community and/or economic development agencies, local rural nonprofits and community development corporations to support innovative housing and economic development activities in rural areas.
Community Development Fund
(including transfers of funds)
For assistance to units of State and local government, and to other entities, for economic and community development activities, and for other purposes,
$4,323,610,000, to remain available until September 30, 2008, unless otherwise specified: Provided, That of the amount provided, $3,767,410,000 is for carrying out the community development block grant program under title I of the Housing and Community Development Act of 1974, as amended (the
``Act'' herein) (42 U.S.C. 5301 et seq.): Provided further, That unless explicitly provided for under this heading
(except for planning grants provided in the third paragraph and amounts made available in the second paragraph), not to exceed 20 percent of any grant made with funds appropriated under this heading (other than a grant made available in this paragraph to the Housing Assistance Council or the National American Indian Housing Council, or a grant using funds under section 107(b)(3) of the Act) shall be expended for planning and management development and administration: Provided further, That $69,000,000 shall be for grants to Indian tribes notwithstanding section 106(a)(1) of such Act, of which, notwithstanding any other provision of law (including section 205 of this Act), up to $4,000,000 may be used for emergencies that constitute imminent threats to health and safety; $4,200,000 shall be for a grant to the National Council of La Raza; $3,000,000 shall be for a grant to the Housing Assistance Council; $2,000,000 shall be for a grant to the National American Indian Housing Council; $32,400,000 shall be for grants pursuant to section 107 of the Act, of which $8,800,000 shall be for the Native Hawaiian block grant authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996, to remain available until expended, of which $500,000 shall be for training and technical assistance; $3,000,000 shall be transferred to the Working Capital Fund; $15,000,000 shall be for grants pursuant to the Self Help Homeownership Opportunity Program; $30,000,000 shall be for Capacity Building for Community Development and Affordable Housing for LISC and the Enterprise Foundation for activities as authorized by section 4 of the HUD Demonstration Act of 1993
(42 U.S.C. 9816 note), as in effect immediately before June 12, 1997, with not less than $5,000,000 of the funding to be used in rural areas, including tribal areas; $55,000,000 shall be available for YouthBuild program activities authorized by subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act, as amended, and such activities shall be an eligible activity with respect to any funds made available under this heading: Provided, That local YouthBuild programs that demonstrate an ability to leverage private and nonprofit funding shall be given a priority for YouthBuild funding: Provided further, That no more than 8 percent of any grant award under the YouthBuild program may be used for administrative costs: Provided further, That of the amount made available for YouthBuild not less than
$4,000,000 is for grants to establish YouthBuild programs in underserved and rural areas and $1,000,000 is to be made available for a grant to YouthBuild USA for capacity building for community development and affordable housing activities as specified in section 4 of the HUD Demonstration Act of 1993, as amended: Provided further, That $10,000,000 shall be transferred to the Affordable Housing and Economic Development Technical Assistance Board.
Of the amount made available under this heading,
$290,000,000 shall be available for grants for the Economic Development Initiative (EDI) to finance a variety of targeted economic investments in accordance with the terms and conditions specified in the statement of managers accompanying this Act: Provided, That none of the funds provided under this paragraph may be used for program operations.
Of the amount made available under this heading,
$40,000,000 shall be available for neighborhood initiatives that are utilized to improve the conditions of distressed and blighted areas and neighborhoods, to stimulate investment, economic diversification, and community revitalization in areas with population outmigration or a stagnating or declining economic base, or to determine whether housing benefits can be integrated more effectively with welfare reform initiatives: Provided, That amounts made available under this paragraph shall be provided in accordance with the terms and conditions specified in the statement of managers accompanying this Act.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of Division G of Public Law 108-199 is deemed to be amended with respect to item #181 striking ``Volusia County'' and inserting ``Lively Arts Center in Volusia County''.
The referenced statement of the managers under the heading
``Community Development Fund'' in title II of division G of Public Law 108-199 is deemed to be amended with respect to item number 216 by striking ``for construction'' and inserting ``for planning, design, and engineering''.
Community Development Loan Guarantees Program Account
(including transfer of funds)
For the cost of guaranteed loans, $6,000,000, to remain available until September 30, 2007, as authorized by section 108 of the Housing and Community Development Act of 1974, as amended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $275,000,000, notwithstanding any aggregate limitation on outstanding obligations guaranteed in section 108(k) of the Housing and Community Development Act of 1974, as amended.
In addition, for administrative expenses to carry out the guaranteed loan program, $1,000,000 shall be transferred to and merged with the appropriation for ``Salaries and expenses''.
Brownfields Redevelopment
For competitive economic development grants, as authorized by section 108(q) of the Housing and Community Development Act of 1974, as amended, for Brownfields redevelopment projects, $15,000,000, to remain available until September 30, 2007.
HOME Investment Partnerships Program
(including transfers of funds)
For the HOME investment partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, $1,850,000,000, to remain available until September 30, 2008: Provided, That of the total amount provided in this paragraph, up to $42,000,000 shall be available for housing counseling under section 106 of the Housing and Urban Development Act of 1968, and $2,000,000 shall be transferred to the Working Capital Fund: Provided further, That $5,000,000 shall be transferred to the Affordable Housing and Economic Development Technical Assistance Board.
In addition to amounts otherwise made available under this heading, $50,000,000, to remain available until September 30, 2008, for assistance to homebuyers as authorized under title I of the American Dream Downpayment Act.
Homeless Assistance Grants
(including transfer of funds)
For the emergency shelter grants program as authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as amended; the supportive housing program as authorized under subtitle C of title IV of such Act; the section 8 moderate rehabilitation single room occupancy program as authorized under the United States Housing Act of 1937, as amended, to assist homeless individuals pursuant to section 441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus care program as authorized under subtitle F of title IV of such Act, $1,415,000,000, of which
$1,395,000,000 shall remain available until September 30, 2008, and of which $20,000,000 shall remain available until expended: Provided, That not less than 30 percent of funds made available, excluding amounts provided for renewals under the shelter plus care program, shall be used for permanent housing: Provided further, That all funds awarded for services shall be matched by 25 percent in funding by each grantee: Provided further, That the Secretary shall renew on an annual basis expiring contracts or amendments to contracts funded under the shelter plus care program if the program is determined to be needed under the applicable continuum of care and meets appropriate program requirements and financial standards, as determined by the Secretary: Provided further, That all awards of assistance under this heading shall be required to coordinate and integrate homeless programs with other mainstream health, social services, and employment programs for which homeless populations may be eligible, including Medicaid, State Children's Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps, and services funding through the Mental Health and Substance Abuse Block Grant, Workforce Investment Act, and the Welfare-to-Work grant program: Provided further, That up to $11,674,000 of the total amount provided under this heading shall be available for the national homeless data analysis project and technical assistance: Provided further, That $1,000,000 of the total amount provided under this heading shall be transferred to the Working Capital Fund: Provided further, That $5,000,000 of the total amount provided under this heading shall be transferred to the Affordable Housing and Economic Development Technical Assistance Board: Provided further, That all balances for Shelter Plus Care renewals previously funded from the Shelter Plus Care Renewal account and transferred to this account shall be available, if recaptured, for Shelter Plus Care renewals in fiscal year 2006.
Housing Programs
Housing for the Elderly
(including transfers of funds)
For capital advances, including amendments to capital advance contracts, for housing for the elderly, as authorized by section 202 of the Housing Act of 1959, as amended, and for project rental assistance for the elderly under section 202(c)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for supportive services associated with the housing, $742,000,000, to remain available until September 30, 2009, of which amount
$53,000,000 shall be for service coordinators and the continuation of existing congregate service grants for residents of assisted housing projects, and of which amount up to $30,000,000 shall be for grants under section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects under such section to assisted living or related use and for emergency capital repairs as determined by the Secretary: Provided, That of the amount made available under this heading, $20,000,000 shall be available to the Secretary of Housing and Urban Development only for making competitive grants to private nonprofit organizations and consumer cooperatives for covering costs of architectural and engineering work, site control, and other planning relating to the development of supportive housing for the elderly that is eligible for assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts under this heading shall be available for Real Estate Assessment Center inspections and inspection-related activities associated with section 202 capital advance projects: Provided further, That $450,000 of the total amount made available under this heading shall be transferred to the Working Capital Fund: Provided further, That the Secretary may waive the provisions of section 202 governing the terms and conditions of project rental assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration: Provided further, That $2,500,000 of the total amount made available under this heading shall be transferred to the Affordable Housing and Economic Development Technical Assistance Board.
Housing for Persons With Disabilities
(including transfers of funds)
For capital advance contracts, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act, for project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for supportive services associated with the housing for persons with disabilities as authorized by section 811(b)(1) of such Act, $240,000,000: Provided, That
$450,000 shall be transferred to the Working Capital Fund: Provided further, That renewal of tenant-based assistance contracts shall be renewed from funding made available under the heading Tenant-Based Rental Assistance: Provided further, That of the amount provided under this heading, the Secretary may make available up to $5,000,000 for incremental tenant-based rental assistance, as authorized by section 811 of such Act (which assistance is 5 years in duration): Provided further, That all tenant-based assistance made available under this heading shall continue to remain available only to persons with disabilities: Provided further, That the Secretary may waive the provisions of section 811 governing the terms and conditions of project rental assistance and tenant-based assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration: Provided further, That amounts made available under this heading shall be available for Real Estate Assessment Center Inspections and inspection-related activities associated with Section 811 Capital Advance Projects: Provided further, That $2,500,000 of the total amount provided under this heading shall be transferred to the Affordable Housing and Economic Development Technical Assistance Board.
AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT TECHNICAL ASSISTANCE BOARD
(transfer of funds)
To carry out a technical assistance program to assist local nonprofits that participate in programs administered by the Department of Housing and Urban Development, $45,000,000 of funds transferred from within this title: Provided, That these funds shall be made available to a board made up of national nonprofits consisting of LISC, the Enterprise Foundation, and the Centre for Management and Technology: Provided further, That the board shall be assisted by an advisory board consisting of nonprofits with diverse knowledge and expertise with regard to affordable housing and economic development: Provided further, That these funds shall be used by this board to assist local nonprofits in preserving and expanding the stock of low-income housing and in developing economic development activities in accordance with the requirements of programs administered by the Department of Housing and Urban Development: Provided further, That direct administrative costs shall not exceed 10 percent of the total appropriation.
other assisted housing programs
rental housing assistance
For amendments to contracts under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-insured rental housing projects,
$26,400,000, to remain available until expended.
Flexible Subsidy Fund
(transfer of funds)
From the Rental Housing Assistance Fund, all uncommitted balances of excess rental charges as of September 30, 2005, and any collections made during fiscal year 2006 and all subsequent fiscal years, shall be transferred to the Flexible Subsidy Fund, as authorized by section 236(g) of the National Housing Act, as amended.
Payment to Manufactured Housing Fees Trust Fund
For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 U.S.C. 5401 et seq.), up to $13,000,000 to remain available until expended, to be derived from the Manufactured Housing Fees Trust Fund: Provided, That not to exceed the total amount appropriated under this heading shall be available from the general fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the Fund pursuant to section 620 of such Act: Provided further, That the amount made available under this heading from the general fund shall be reduced as such collections are received during fiscal year 2006 so as to result in a final fiscal year 2006 appropriation from the general fund estimated at not more than $0 and fees pursuant to such section 620 shall be modified as necessary to ensure such a final fiscal year 2006 appropriation.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2006, commitments to guarantee loans to carry out the purposes of section 203(b) of the National Housing Act, as amended, shall not exceed a loan principal of
$185,000,000,000.
During fiscal year 2006, obligations to make direct loans to carry out the purposes of section 204(g) of the National Housing Act, as amended, shall not exceed $50,000,000: Provided, That the foregoing amount shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under the Mutual Mortgage Insurance Fund.
For administrative expenses necessary to carry out the guaranteed and direct loan program, $355,000,000, of which not to exceed $351,000,000 shall be transferred to the appropriation for ``Salaries and expenses''; and not to exceed $4,000,000 shall be transferred to the appropriation for ``Office of Inspector General''. In addition, for administrative contract expenses, $62,600,000, of which
$18,281,000 shall be transferred to the Working Capital Fund: Provided, That to the extent guaranteed loan commitments exceed $65,500,000,000 on or before April 1, 2006, an additional $1,400 for administrative contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below $1,000,000), but in no case shall funds made available by this proviso exceed $30,000,000.
General and Special Risk Program Account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including the cost of loan guarantee modifications, as that term is defined in section 502 of the Congressional Budget Act of 1974, as amended, $8,800,000, to remain available until expended: Provided, That commitments to guarantee loans shall not exceed $35,000,000,000 in total loan principal, any part of which is to be guaranteed.
Gross obligations for the principal amount of direct loans, as authorized by sections 204(g), 207(l), 238, and 519(a) of the National Housing Act, shall not exceed $50,000,000, of which not to exceed $30,000,000 shall be for bridge financing in connection with the sale of multifamily real properties owned by the Secretary and formerly insured under such Act; and of which not to exceed $20,000,000 shall be for loans to nonprofit and governmental entities in connection with the sale of single-family real properties owned by the Secretary and formerly insured under such Act.
In addition, for administrative expenses necessary to carry out the guaranteed and direct loan programs, $231,400,000, of which $211,400,000 shall be transferred to the appropriation for ``Salaries and Expenses''; and of which $20,000,000 shall be transferred to the appropriation for ``Office of Inspector General''.
In addition, for administrative contract expenses necessary to carry out the guaranteed and direct loan programs,
$71,900,000, of which $10,800,000 shall be transferred to the Working Capital Fund: Provided, That to the extent guaranteed loan commitments exceed $8,426,000,000 on or before April 1, 2006, an additional $1,980 for administrative contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments over $8,426,000,000 (including a pro rata amount for any increment below $1,000,000), but in no case shall funds made available by this proviso exceed
$14,400,000.
Government National Mortgage Association
Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account
(including transfer of funds)
New commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)), shall not exceed
$200,000,000,000, to remain available until September 30, 2007.
For administrative expenses necessary to carry out the guaranteed mortgage-backed securities program, $11,360,000, to be derived from the GNMA guarantees of mortgage-backed securities guaranteed loan receipt account, of which not to exceed $11,360,000, shall be transferred to the appropriation for ``Salaries and expenses''.
Policy Development and Research
Research and Technology
For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.), including carrying out the functions of the Secretary under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $48,000,000, to remain available until September 30, 2007: Provided, That of the total amount provided under this heading, $5,000,000 shall be for the Partnership for Advancing Technology in Housing
(PATH) Initiative: Provided further, That of the amounts made available for PATH under this heading, $2,500,000 shall not be subject to the requirements of section 305 of this title.
Fair Housing and Equal Opportunity
Fair Housing Activities
For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and section 561 of the Housing and Community Development Act of 1987, as amended, $46,000,000, to remain available until September 30, 2007, of which $20,000,000 shall be to carry out activities pursuant to such section 561: Provided, That no funds made available under this heading shall be used to lobby the executive or legislative branches of the Federal Government in connection with a specific contract, grant or loan.
Office of Lead Hazard Control
Lead Hazard Reduction
For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, $167,000,000, to remain available until September 30, 2007, of which $9,900,000 shall be for the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970 that shall include research, studies, testing, and demonstration efforts, including education and outreach concerning lead-based paint poisoning and other housing-related diseases and hazards: Provided, That for purposes of environmental review, pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other provisions of law that further the purposes of such Act, a grant under the Healthy Homes Initiative, Operation Lead Elimination Action Plan (LEAP), or the Lead Technical Studies program under this heading or under prior appropriations Acts for such purposes under this heading, shall be considered to be funds for a special project for purposes of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994: Provided further, That of the total amount made available under this heading, $48,000,000 shall be made available on a competitive basis for areas with the highest lead paint abatement needs, as identified by the Secretary as having: (1) the highest number of occupied pre-1940 units of rental housing; and (2) a disproportionately high number of documented cases of lead-poisoned children: Provided further, That each grantee receiving funds under the previous proviso shall target those privately owned units and multifamily buildings that are occupied by low-income families as defined under section 3(b)(2) of the United States Housing Act of 1937: Provided further, That not less than 90 percent of the funds made available under this paragraph shall be used exclusively for abatement, inspections, risk assessments, temporary relocations and interim control of lead-based hazards as defined by 42 U.S.C. 4851: Provided further, That each recipient of funds provided under the first proviso shall make a matching contribution in an amount not less than 25 percent: Provided further, That each applicant shall submit a detailed plan and strategy that demonstrates adequate capacity that is acceptable to the Secretary to carry out the proposed use of funds pursuant to a Notice of Funding Availability.
Management and Administration
Salaries and Expenses
(including transfer of funds)
For necessary administrative and non-administrative expenses of the Department of Housing and Urban Development, not otherwise provided for, including purchase of uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed $25,000 for official reception and representation expenses, $1,145,195,000, of which
$562,400,000 shall be provided from the various funds of the Federal Housing Administration, $11,360,000 shall be provided from funds of the Government National Mortgage Association,
$1,000,000 shall be from the Community Development Loan Guarantee program, $150,000 shall be provided by transfer from the ``Native American housing block grants'' account,
$250,000 shall be provided by transfer from the ``Indian housing loan guarantee fund program'' account and $35,000 shall be transferred from the ``Native Hawaiian housing loan guarantee fund'' account: Provided, That funds made available under this heading shall only be allocated in the manner specified in the report accompanying this Act unless the Committees on Appropriations of both the House of Representatives and the Senate are notified of any changes in an operating plan or reprogramming: Provided further, That no official or employee of the Department shall be designated as an allotment holder unless the Office of the Chief Financial Officer (OCFO) has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control procedures and directives: Provided further, That the Chief Financial Officer shall establish positive control of and maintain adequate systems of accounting for appropriations and other available funds as required by 31 U.S.C. 1514: Provided further, That for purposes of funds control and determining whether a violation exists under the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of obligation shall be the executed agreement or contract, except with respect to insurance and guarantee programs, certain types of salaries and expenses funding, and incremental funding that is authorized under an executed agreement or contract, and shall be designated in the approved funds control plan: Provided further, That the Chief Financial Officer shall: (1) appoint qualified personnel to conduct investigations of potential or actual violations; (2) establish minimum training requirements and other qualifications for personnel that may be appointed to conduct investigations; (3) establish guidelines and timeframes for the conduct and completion of investigations;
(4) prescribe the content, format and other requirements for the submission of final reports on violations; and (5) prescribe such additional policies and procedures as may be required for conducting investigations of, and administering, processing, and reporting on, potential and actual violations of the Anti-Deficiency Act and all other statutes and regulations governing the obligation and expenditure of funds made available in this or any other Act: Provided further, That $20,000,000 may be transferred to the Working Capital Fund: Provided further, That the Secretary shall fill 7 out of 10 vacancies at the GS-14 and GS-15 levels until the total number of GS-14 and GS-15 positions in the Department has been reduced from the number of GS-14 and GS-15 positions on the date of enactment of Public Law 106-377 by 2\1/2\ percent.
Working Capital Fund
For additional capital for the Working Capital Fund (42 U.S.C. 3535) for the development of, modifications to, and infrastructure for Department-wide information technology systems, for the continuing operation of both Department-wide and program-specific information systems, and for program-related development activities, $265,000,000, to remain available until September 30, 2007: Provided, That any amounts transferred to this Fund under this Act shall remain available until expended: Provided further, That any amounts transferred to this Fund from amounts appropriated by previously enacted appropriations Acts or from within this Act may be used only for the purposes specified under this Fund, in addition to the purposes for which such amounts were appropriated.
Office of Inspector General
(including transfer of funds)
For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $106,000,000, of which $24,000,000 shall be provided from the various funds of the Federal Housing Administration: Provided, That the Inspector General shall have independent authority over all personnel issues within this office.
Office of Federal Housing Enterprise Oversight
Salaries and Expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, including not to exceed
$500 for official reception and representation expenses,
$60,000,000, to remain available until expended, to be derived from the Federal Housing Enterprises Oversight Fund: Provided, That not to exceed the amount provided herein shall be available from the general fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the Fund: Provided further, That the general fund amount shall be reduced as collections are received during the fiscal year so as to result in a final appropriation from the general fund estimated at not more than $0.
Administrative Provisions
Sec. 301. Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded, or in the case of cash, shall be remitted to the Treasury, and such amounts of budget authority or cash recaptured and not rescinded or remitted to the Treasury shall be used by State housing finance agencies or local governments or local housing agencies with projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their project at a lower interest rate.
Sec. 302. None of the amounts made available under this Act may be used during fiscal year 2006 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a non-frivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a Government official or entity, or a court of competent jurisdiction.
Sec. 303. (a) Notwithstanding section 854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts made available under this title for fiscal year 2006 that are allocated under such section, the Secretary of Housing and Urban Development shall allocate and make a grant, in the amount determined under subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal year 2006 under such clause (ii) because the areas in the State outside of the metropolitan statistical areas that qualify under clause (i) in fiscal year 2006 do not have the number of cases of acquired immunodeficiency syndrome (AIDS) required under such clause.
(b) The amount of the allocation and grant for any State described in subsection (a) shall be an amount based on the cumulative number of AIDS cases in the areas of that State that are outside of metropolitan statistical areas that qualify under clause (i) of such section 854(c)(1)(A) in fiscal year 2006, in proportion to AIDS cases among cities and States that qualify under clauses (i) and (ii) of such section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount allocated for fiscal year 2006 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New York, on behalf of the New York-Wayne-White Plains, New York-New Jersey Metropolitan Division
(hereafter ``metropolitan division'') of the New York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be adjusted by the Secretary of Housing and Urban Development by: (1) allocating to the City of Jersey City, New Jersey, the proportion of the metropolitan area's or division's amount that is based on the number of cases of AIDS reported in the portion of the metropolitan area or division that is located in Hudson County, New Jersey, and adjusting for the proportion of the metropolitan division's high incidence bonus if this area in New Jersey also has a higher than average per capita incidence of AIDS; and (2) allocating to the City of Paterson, New Jersey, the proportion of the metropolitan area's or division's amount that is based on the number of cases of AIDS reported in the portion of the metropolitan area or division that is located in Bergen County and Passaic County, New Jersey, and adjusting for the proportion of the metropolitan division's high incidence bonus if this area in New Jersey also has a higher than average per capita incidence of AIDS. The recipient cities shall use amounts allocated under this subsection to carry out eligible activities under section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective portions of the metropolitan division that is located in New Jersey.
(d) Notwithstanding any other provision of law, the amount allocated for fiscal year 2006 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than average per capita incidence of AIDS, shall be adjusted by the Secretary on the basis of area incidence reported over a three year period.
Sec. 304. (a) During fiscal year 2006, in the provision of rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the economy and effectiveness of providing such assistance for use in assisted living facilities that is carried out in the counties of the State of Michigan specified in subsection (b) of this section, notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o), a family residing in an assisted living facility in any such county, on behalf of which a public housing agency provides assistance pursuant to section 8(o)(18) of such Act, may be required, at the time the family initially receives such assistance, to pay rent in an amount exceeding 40 percent of the monthly adjusted income of the family by such a percentage or amount as the Secretary of Housing and Urban Development determines to be appropriate.
(b) The counties specified in this subsection are Oakland County, Macomb County, Wayne County, and Washtenaw County, in the State of Michigan.
Sec. 305. Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title III of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989.
Sec. 306. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1831).
Sec. 307. Unless otherwise provided for in this Act or through a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for any program, project or activity in excess of amounts set forth in the budget estimates submitted to Congress.
Sec. 308. Corporations and agencies of the Department of Housing and Urban Development which are subject to the Government Corporation Control Act, as amended, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for 2006 for such corporation or agency except as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriations Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United States Government.
Sec. 309. None of the funds provided in this title for technical assistance, training, or management improvements may be obligated or expended unless HUD provides to the Committees on Appropriations a description of each proposed activity and a detailed budget estimate of the costs associated with each program, project or activity as part of the Budget Justifications. For fiscal year 2006, HUD shall transmit this information to the Committees by March 15, 2006 for 30 days of review.
Sec. 310. The Secretary of Housing and Urban Development shall provide quarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request.
Sec. 311. Notwithstanding any other provision of law, in fiscal year 2006, in managing and disposing of any multifamily property that is owned or held by the Secretary and is occupied primarily by elderly or disabled families, the Secretary of Housing and Urban Development shall maintain any rental assistance payments under section 8 of the United States Housing Act of 1937 that are attached to any dwelling units in the property. To the extent the Secretary determines that such a multifamily property owned or held by the Secretary is not feasible for continued rental assistance payments under such section 8, the Secretary may, in consultation with the tenants of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties or provide other rental assistance.
Sec. 312. (a) Notwithstanding any other provision of law, the amount allocated for fiscal year 2006 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey Metropolitan Division (hereafter ``metropolitan division''), shall be adjusted by the Secretary of Housing and Urban Development by allocating to the State of New Jersey the proportion of the metropolitan division's amount that is based on the number of cases of AIDS reported in the portion of the metropolitan division that is located in New Jersey, and adjusting for the proportion of the metropolitan division's high incidence bonus if this area in New Jersey also has a higher than average per capita incidence of AIDS. The State of New Jersey shall use amounts allocated to the State under this subsection to carry out eligible activities under section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the metropolitan division that is located in New Jersey.
(b) Notwithstanding any other provision of law, the Secretary of Housing and Urban Development shall allocate to Wake County, North Carolina, the amounts that otherwise would be allocated for fiscal year 2006 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any amounts allocated to Wake County shall be used to carry out eligible activities under section 855 of such Act (42 U.S.C. 12904) within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban Development may adjust the allocation of the amounts that otherwise would be allocated for fiscal year 2006 under section 854(c) of such Act, upon the written request of an applicant, in conjunction with the State(s), for a formula allocation on behalf of a metropolitan statistical area, to designate the State or States in which the metropolitan statistical area is located as the eligible grantee(s) of the allocation. In the case that a metropolitan statistical area involves more than one State, such amounts allocated to each State shall be in proportion to the number of cases of AIDS reported in the portion of the metropolitan statistical area located in that State. Any amounts allocated to a State under this section shall be used to carry out eligible activities within the portion of the metropolitan statistical area located in that State.
Sec. 313. The Department of Housing and Urban Development shall submit the Department's fiscal year 2007 congressional budget justifications to the Committees on Appropriations of the House of Representatives and the Senate using the identical structure provided under this Act and only in accordance with the direction specified in the report accompanying this Act.
Sec. 314. Incremental vouchers previously made available under the heading ``Housing Certificate Fund'' or renewed under the heading, ``Tenant-Based Rental Assistance,'' for non-elderly disabled families shall, to the extent practicable, continue to be provided to non-elderly disabled families upon turnover.
Sec. 315. A public housing agency or such other entity that administers Federal housing assistance in the States of Alaska, Iowa, and Mississippi shall not be required to include a resident of public housing or a recipient of assistance provided under section 8 of the United States Housing Act of 1937 on the board of directors or a similar governing board of such agency or entity as required under section (2)(b) of such Act. Each public housing agency or other entity that administers Federal housing assistance under section 8 in the States of Alaska, Iowa and Mississippi shall establish an advisory board of not less than 6 residents of public housing or recipients of section 8 assistance to provide advice and comment to the public housing agency or other administering entity on issues related to public housing and section 8. Such advisory board shall meet not less than quarterly.
Sec. 316. For this fiscal year and each fiscal year hereafter, the portion of any athletic scholarship assistance that is available for housing costs shall be considered adjusted income for purposes of section 3(b)(5) of the United States Housing Act of 1937.
Sec. 317. The funds made available for Native Alaskans under the heading ``Native American Housing Block Grants'' in title III of this Act shall be allocated to the same Native Alaskan housing block grant recipients that received funds in fiscal year 2004.
Sec. 318. (a) Notwithstanding any other provision of law, subject to the conditions listed in subsection (b), for this fiscal year and each fiscal year thereafter, the Secretary may authorize the transfer of project-based assistance, debt and statutorily required low-income and very low-income use restrictions, associated with one multifamily housing project to another multifamily housing project.
(b) The transfer authorized in subsection (a) is subject to the following conditions:
(1) the number of low-income and very low-income units and the net dollar amount of Federal assistance provided by the transferring project shall remain the same in the receiving project;
(2) the transferring project shall, as determined by the Secretary, be either physically obsolete or economically non-viable;
(3) the receiving project shall meet or exceed applicable physical standards established by the Secretary;
(4) the owner or mortgagor of the transferring project shall notify and consult with the tenants residing in the transferring project and provide a certification of approval by all appropriate local governmental officials;
(5) the tenants of the transferring project who remain eligible for assistance to be provided by the receiving project shall not be required to vacate their units in the transferring project until new units in the receiving project are available for occupancy;
(6) if either the transferring project or the receiving project meets the condition specified in subsection
(c)(2)(A), any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any FHA-insured mortgage lien transferred to, or placed on, such project by the Secretary;
(7) if the transferring project meets the requirements of subsection (c)(2)(E), the owner or mortgagor of the receiving project shall execute and record either a continuation of the existing use agreement or a new use agreement for the project where, in either case, any use restrictions in such agreement are of no lesser duration than the existing use restrictions; and
(8) any financial risk to the FHA General and Special Risk Insurance Fund, as determined by the Secretary, would be reduced as a result of a transfer completed under this section.
(c) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall have the meanings provided by the statute and/or regulations governing the program under which the project is insured or assisted;
(2) the term ``multifamily housing project'' means housing that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the National Housing Act,
(B) housing that has project-based assistance attached to the structure,
(C) housing that is assisted under section 202 of the Housing Act of 1959 as amended by section 801 of the Cranston-Gonzales National Affordable Housing Act,
(D) housing that is assisted under section 202 of the Housing Act of 1959, as such section existed before the enactment of the Cranston-Gonzales National Affordable Housing Act, or,
(E) housing or vacant land that is subject to a use agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United States Housing Act of 1937;
(B) assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of such Act (as such section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of the Housing and Urban Development Act of 1965;
(D) additional assistance payments under section 236(f)(2) of the National Housing Act; and,
(E) assistance payments made under section 202(c)(2) of the Housing Act of 1959;
(4) the term ``receiving project'' means the multifamily housing project to which the project-based assistance, debt, and statutorily required use low-income and very low-income restrictions are to be transferred;
(5) the term ``transferring project'' means the multifamily housing project which is transferring the project-based assistance, debt and the statutorily required low-income and very low-income use restrictions to the receiving project; and,
(6) the term ``Secretary'' means the Secretary of Housing and Urban Development.
Sec. 319. (a) Extension.--The Secretary of Housing and Urban Development shall extend the term of the Moving to Work Demonstration Agreement entered into between a public housing agency and the Secretary under section 204, title V, of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104-134, April 26, 1996) if--
(1) the public housing agency requests such extension in writing;
(2) the public housing agency is not at the time of such request for extension in default under its Moving to Work Demonstration Agreement; and
(3) the Moving to Work Demonstration Agreement to be extended would otherwise expire on or before September 30, 2006.
(b) Terms.--Unless the Secretary of Housing and Urban Development and the public housing agency otherwise agree, the extension under subsection (a) shall be upon the identical terms and conditions set forth in the extending agency's existing Moving to Work Demonstration Agreement, except that for each public housing agency that has been or will be granted an extension to its original Moving to Work Agreement, the Secretary shall require that data be collected so that the effect of Moving to Work policy changes on residents can be measured.
(c) Extension Period.--The extension under subsection (a) shall be for such period as is requested by the public housing agency, not to exceed 3 years from the date of expiration of the extending agency's existing Moving to Work Demonstration Agreement.
(d) Breach of Agreement.--Nothing contained in this section shall limit the authority of the Secretary of Housing and Urban Development to terminate any Moving to Work Demonstration Agreement of a public housing agency if the public housing agency is in breach of the provisions of such agreement.
Sec. 320. Incremental vouchers previously made available under the heading, ``Housing Certificate Fund'' or renewed under the heading, ``Tenant-Based Rental Assistance'', for family unification shall, to the extent practicable, continue to be provided for family unification.
This title may be cited as the ``Department of Housing and Urban Development Appropriations Act, 2006''.
TITLE IV--THE JUDICIARY
Supreme Court of the United States
Salaries and Expenses
For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including purchase or hire, driving, maintenance, and operation of an automobile for the Chief Justice, not to exceed $10,000 for the purpose of transporting Associate Justices, and hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve, $60,730,000, of which $2,000,000 shall remain available until expended.
Care of the Building and Grounds
For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $5,624,000, which shall remain available until expended.
United States Court of Appeals for the Federal Circuit
Salaries and Expenses
For salaries of the chief judge, judges, and other officers and employees, and for necessary expenses of the court, as authorized by law, $23,489,000.
United States Court of International Trade
Salaries and Expenses
For salaries of the chief judge and eight judges, salaries of the officers and employees of the court, services, and necessary expenses of the court, as authorized by law,
$15,480,000.
Courts of Appeals, District Courts, and Other Judicial Services
Salaries and Expenses
For the salaries of circuit and district judges (including judges of the territorial courts of the United States), justices and judges retired from office or from regular active service, judges of the United States Court of Federal Claims, bankruptcy judges, magistrate judges, and all other officers and employees of the Federal Judiciary not otherwise specifically provided for, and necessary expenses of the courts, as authorized by law, $4,374,959,000 (including the purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space alteration projects and for furniture and furnishings related to new space alteration and construction projects.
In addition, for expenses of the United States Court of Federal Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed $3,833,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.
Defender Services
For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to represent persons under the Criminal Justice Act of 1964, as amended (18 U.S.C. 3006A); the compensation and reimbursement of expenses of persons furnishing investigative, expert and other services under the Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation
(in accordance with Criminal Justice Act maximums) and reimbursement of expenses of attorneys appointed to assist the court in criminal cases where the defendant has waived representation by counsel; the compensation and reimbursement of travel expenses of guardians ad litem acting on behalf of financially eligible minor or incompetent offenders in connection with transfers from the United States to foreign countries with which the United States has a treaty for the execution of penal sentences; the compensation of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d); and for necessary training and general administrative expenses, $710,785,000, to remain available until expended.
Fees of Jurors and Commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876; compensation of jury commissioners as authorized by 28 U.S.C. 1863; and compensation of commissioners appointed in condemnation cases pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)), $61,318,000, to remain available until expended: Provided, That the compensation of land commissioners shall not exceed the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code.
Court Security
For necessary expenses, not otherwise provided for, incident to the provision of protective guard services for United States courthouses and other facilities housing Federal court operations, and the procurement, installation, and maintenance of security systems and equipment for United States courthouses and other facilities housing Federal court operations, including building ingress-egress control, inspection of mail and packages, directed security patrols, perimeter security, basic security services provided by the Federal Protective Service, and other similar activities as authorized by section 1010 of the Judicial Improvement and Access to Justice Act (Public Law 100-702), $372,426,000, of which not to exceed $15,000,000 shall remain available until expended, to be expended directly or transferred to the United States Marshals Service, which shall be responsible for administering the Judicial Facility Security Program consistent with standards or guidelines agreed to by the Director of the Administrative Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
Salaries and Expenses
For necessary expenses of the Administrative Office of the United States Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 U.S.C. 1343(b), advertising and rent in the District of Columbia and elsewhere, $72,198,000, of which not to exceed $8,500 is authorized for official reception and representation expenses and of which up to
$1,000,000 shall be made available to the National Academy of Public Administrators for a review of the financial and management procedures of the Federal Judiciary.
Federal Judicial Center
Salaries and Expenses
For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90-219, $22,350,000; of which
$1,800,000 shall remain available through September 30, 2007, to provide education and training to Federal court personnel; and of which not to exceed $1,500 is authorized for official reception and representation expenses.
Judicial Retirement Funds
Payment to Judiciary Trust Funds
For payment to the Judicial Officers' Retirement Fund, as authorized by 28 U.S.C. 377(o), $36,800,000; to the Judicial Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$600,000; and to the United States Court of Federal Claims Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$3,200,000.
United States Sentencing Commission
Salaries and Expenses
For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code,
$14,700,000, of which not to exceed $1,000 is authorized for official reception and representation expenses.
Administrative Provisions--The Judiciary
Sec. 401. Appropriations and authorizations made in this title which are available for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109.
Sec. 402. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Judiciary in this Act may be transferred between such appropriations, but no such appropriation, except ``Courts of Appeals, District Courts, and Other Judicial Services, Defender Services'' and
``Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and Commissioners'', shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 705 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.
Sec. 403. Notwithstanding any other provision of law, the salaries and expenses appropriation for Courts of Appeals, District Courts, and Other Judicial Services shall be available for official reception and representation expenses of the Judicial Conference of the United States: Provided, That such available funds shall not exceed $11,000 and shall be administered by the Director of the Administrative Office of the United States Courts in the capacity as Secretary of the Judicial Conference.
Sec. 404. Within 90 days of enactment of this Act, the Administrative Office of the U.S. Courts shall submit to the Committees on Appropriations a comprehensive financial plan for the Judiciary allocating all sources of available funds including appropriations, fee collections, and carryover balances, to include a separate and detailed plan for the Judiciary Information Technology fund.
Sec. 405. Pursuant to section 140 of Public Law 97-92, and from funds appropriated in this Act, Justices and judges of the United States are authorized during fiscal year 2006, to receive a salary adjustment in accordance with 28 U.S.C. 461.
Sec. 406. The existing judgeship for the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101-650, 104 Stat. 5089) as amended by Public Law 105-53, as of the effective date of this Act, shall be extended. The first vacancy in the office of district judge in this district occurring 20 years or more after the confirmation date of the judge named to fill the temporary judgeship created by section 203(c) shall not be filled.
Sec. 407. Not later than 180 days after enactment of this Act, GAO shall provide the Committees on Appropriations with a report regarding the potential impact on the Federal Judiciary of recent increases in Homeland Security funding to enhance border security and enforce our nation's immigration laws.
This title may be cited as the ``Judiciary Appropriations Act, 2006''.
TITLE V--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000: Provided, That none of the funds made available for official expenses shall be expended for any other purpose and any unused amount shall revert to the Treasury pursuant to section 1552 of title 31, United States Code.
White House Office
salaries and expenses
For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted for as provided in that section; hire of passenger motor vehicles, newspapers, periodicals, teletype news service, and travel (not to exceed $100,000 to be expended and accounted for as provided by 3 U.S.C. 103); not to exceed $3,501,000 for the necessary expenses of the Office of Policy Development, including services authorized under 5 U.S.C. 3109 and 3 U.S.C. 107; and not to exceed
$19,000 for official entertainment expenses, to be available for allocation within the Executive Office of the President,
$58,081,000: Provided, That of the funds appropriated under this heading, $1,500,000 shall be for the Privacy and Civil Liberties Oversight Board.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing, improvement, heating, and lighting, including electric power and fixtures, of the Executive Residence at the White House and official entertainment expenses of the President, $12,436,000, to be expended and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the White House, such sums as may be necessary: Provided, That all reimbursable operating expenses of the Executive Residence shall be made in accordance with the provisions of this paragraph: Provided further, That, notwithstanding any other provision of law, such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and to receive offsetting collections, for such expenses: Provided further, That the Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the estimated cost of the event, and all such advance payments shall be credited to this account and remain available until expended: Provided further, That the Executive Residence shall require the national committee of the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for expenses relating to reimbursable political events sponsored by such committee during such fiscal year: Provided further, That the Executive Residence shall ensure that a written notice of any amount owed for a reimbursable operating expense under this paragraph is submitted to the person owing such amount within 60 days after such expense is incurred, and that such amount is collected within 30 days after the submission of such notice: Provided further, That the Executive Residence shall charge interest and assess penalties and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt on a United States Government claim under section 3717 of title 31, United States Code: Provided further, That each such amount that is reimbursed, and any accompanying interest and charges, shall be deposited in the Treasury as miscellaneous receipts: Provided further, That the Executive Residence shall prepare and submit to the Committees on Appropriations, by not later than 90 days after the end of the fiscal year covered by this Act, a report setting forth the reimbursable operating expenses of the Executive Residence during the preceding fiscal year, including the total amount of such expenses, the amount of such total that consists of reimbursable official and ceremonial events, the amount of such total that consists of reimbursable political events, and the portion of each such amount that has been reimbursed as of the date of the report: Provided further, That the Executive Residence shall maintain a system for the tracking of expenses related to reimbursable events within the Executive Residence that includes a standard for the classification of any such expense as political or nonpolitical: Provided further, That no provision of this paragraph may be construed to exempt the Executive Residence from any other applicable requirement of subchapter I or II of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive Residence at the White House, $1,700,000, to remain available until expended, for required maintenance, safety and health issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in carrying out its functions under the Employment Act of 1946 (15 U.S.C. 1021), $4,040,000.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including services as authorized by 5 U.S.C. 3109,
$8,705,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of passenger motor vehicles,
$98,609,000, of which $11,768,000 shall remain available until expended for the Capital Investment Plan for continued modernization of the information technology infrastructure within the Executive Office of the President.
Office of Management and Budget
Salaries and Expenses
For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 44, United States Code,
$68,411,000, of which not to exceed $2,000 shall be available for official representation expenses: Provided, That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied only to the objects for which appropriations were made except as otherwise provided by law: Provided further, That none of the funds appropriated in this Act for the Office of Management and Budget may be used for the purpose of reviewing any agricultural marketing orders or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That none of the funds made available for the Office of Management and Budget by this Act may be expended for the altering of the transcript of actual testimony of witnesses, except for testimony of officials of the Office of Management and Budget, before the Committees on Appropriations or their subcommittees: Provided further, That the preceding shall not apply to printed hearings released by the Committees on Appropriations: Provided further, That none of the funds provided in this or prior Acts shall be used, directly or indirectly, by the Office of Management and Budget, for evaluating or determining if water resource project or study reports submitted by the Chief of Engineers acting through the Secretary of the Army are in compliance with all applicable laws, regulations, and requirements relevant to the Civil Works water resource planning process: Provided further, That the Office of Management and Budget shall have not more than 60 days in which to perform budgetary policy reviews of water resource matters on which the Chief of Engineers has reported. The Director of the Office of Management and Budget shall notify the appropriate authorizing and Appropriations Committees when the 60-day review is initiated. If water resource reports have not been transmitted to the appropriate authorizing and appropriating committees within 15 days of the end of the OMB review period based on the notification from the Director, Congress shall assume OMB concurrence with the report and act accordingly.
Office of National Drug Control Policy
Salaries and Expenses
For necessary expenses of the Office of National Drug Control Policy; for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.); not to exceed $10,000 for official reception and representation expenses; and for participation in joint projects or in the provision of services on matters of mutual interest with nonprofit, research, or public organizations or agencies, with or without reimbursement, $24,224,000; of which $1,316,000 shall remain available until expended for policy research and evaluation: Provided, That the Office is authorized to accept, hold, administer, and utilize gifts, both real and personal, public and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Office.
Counterdrug Technology Assessment Center
(including transfer of funds)
For necessary expenses for the Counterdrug Technology Assessment Center for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.), $30,000,000, which shall remain available until expended, consisting of $12,000,000 for counternarcotics research and development projects, and
$18,000,000 for the continued operation of the technology transfer program: Provided, That the $12,000,000 for counternarcotics research and development projects shall be available for transfer to other Federal departments or agencies.
Federal Drug Control Programs
High Intensity Drug Trafficking Areas Program
(including transfer of funds)
For necessary expenses of the Office of National Drug Control Policy's High Intensity Drug Trafficking Areas Program, $227,000,000, for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas, of which no less than 60 percent shall be transferred to State and local entities for drug control activities, which shall be obligated within 120 days of the date of the enactment of this Act: Provided, That up to 40 percent, to remain available until September 30, 2007, may be transferred to Federal agencies and departments at a rate to be determined by the Director, of which not less than $2,000,000 shall be used for auditing services and associated activities, and at least $500,000 of the
$2,000,000 shall be used to develop and implement a data collection system to measure the performance of the High Intensity Drug Trafficking Areas Program: Provided further, That none of the funds made available under this heading shall be available for the Consolidated Priority Organization Target program.
Other Federal Drug Control Programs
(including transfer of funds)
For activities to support a national anti-drug campaign for youth, and for other purposes, authorized by the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.), $191,400,000, to remain available until expended, of which the following amounts are available as follows: $95,000,000 to support a national media campaign, as authorized by the Drug-Free Media Campaign Act of 1998;
$80,000,000 to continue a program of matching grants to drug-free communities, of which $2,000,000 shall be a directed grant to the Community Anti-Drug Coalitions of America for the National Community Anti-Drug Coalition Institute, as authorized in chapter 2 of the National Narcotics Leadership Act of 1988, as amended; $1,000,000 for the National Drug Court Institute; $1,000,000 for the National Alliance for Model State Drug Laws; $9,500,000 for the United States Anti-Doping Agency for anti-doping activities; $2,900,000 for the United States membership dues to the World Anti-Doping Agency; and $2,000,000 for evaluations and research related to National Drug Control Program performance measures: Provided, That such funds may be transferred to other Federal departments and agencies to carry out such activities: Provided further, That of the amounts appropriated for a national media campaign, not to exceed 10 percent shall be for administration, advertising production, research and testing, labor and related costs of the national media campaign.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000.
Special Assistance to the President
Salaries and Expenses
For necessary expenses to enable the Vice President to provide assistance to the President in connection with specially assigned functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as authorized by 3 U.S.C. 106, which shall be expended and accounted for as provided in that section; and hire of passenger motor vehicles, $4,455,000.
Official Residence of the Vice President
Operating Expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the extent not otherwise provided for, heating and lighting, including electric power and fixtures, of the official residence of the Vice President; the hire of passenger motor vehicles; and not to exceed $90,000 for official entertainment expenses of the Vice President, to be accounted for solely on his certificate, $325,000: Provided, That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities.
This title may be cited as the ``Executive Office of the President Appropriations Act, 2006''.
TITLE VI--INDEPENDENT AGENCIES
Architectural and Transportation Barriers Compliance Board
Salaries and Expenses
For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended,
$5,941,000: Provided, That, notwithstanding any other provision of law, there may be credited to this appropriation funds received for publications and training expenses.
Consumer Product Safety Commission
Salaries and Expenses
For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable under 5 U.S.C. 5376, purchase of nominal awards to recognize non-Federal officials' contributions to Commission activities, and not to exceed $500 for official reception and representation expenses, $63,000,000 of which up to $500,000 shall be used to coordinate with the Administrator of the Environmental Protection Agency in the Agency's study pursuant to H.R. 2361, as passed by the Senate in the first session of the 109th Congress, to assess safety risks to both persons and the environment with regard to small engines, as required in Public Law 108-199, including real-world scenarios involving, among other things, operator burn, fire due to contact with flammable items, and refueling.
Election Assistance Commission
Salaries and Expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of 2002, $13,888,000, of which $4,000,000 shall be transferred to the National Institute of Standards and Technology for election reform activities authorized under the Help America Vote Act of 2002.
Federal Deposit Insurance Corporation
Office of Inspector General
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $31,000,000, to be derived from the Bank Insurance Fund, the Savings Association Insurance Fund, and the FSLIC Resolution Fund.
Federal Election Commission
Salaries and Expenses
For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, as amended,
$54,600,000, of which no less than $4,700,000 shall be available for internal automated data processing systems, and of which not to exceed $5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
Salaries and Expenses
For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including services authorized by 5 U.S.C. 3109, and including hire of experts and consultants, hire of passenger motor vehicles, and rental of conference rooms in the District of Columbia and elsewhere, $25,468,000: Provided, That public members of the Federal Service Impasses Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-Federal participants at labor-management relations conferences shall be credited to and merged with this account, to be available without further appropriation for the costs of carrying out these conferences.
Federal Maritime Commission
Salaries and Expenses
For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as amended (46 U.S.C. App. 1111), including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902,
$20,499,000: Provided, That not to exceed $2,000 shall be available for official reception and representation expenses.
General Services Administration
Real Property Activities
Federal Buildings Fund
limitations on availability of revenue
(including transfer of funds)
To carry out the purposes of the Fund established pursuant to section 210(f) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 592), the revenues and collections deposited into the Fund shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $7,889,745,000, of which: (1) $829,056,000 shall remain available until expended for construction (including funds for sites and expenses and associated design and construction services) of additional projects at the following locations:
New Construction:
Alabama:
Mobile, United States Courthouse, $2,000,000.
Tuscaloosa, Federal Building, $50,000,000.
California:
San Diego, United States Courthouse, $230,803,000.
Colorado:
Lakewood, Denver Federal Center Infrastructure, $4,658,000.
District of Columbia:
Coast Guard Consolidation, $24,900,000.
St. Elizabeths West Campus Infrastructure, $13,095,000.
Southeast Federal Center Site Remediation, $15,000,000.
Illinois:
Rockford Federal Courthouse, $50,000,000.
Maine:
Calais, Border Station, $50,146,000.
Jackman, Border Station, $12,788,000.
Maryland:
Montgomery County, Food and Drug Administration Consolidation, $127,600,000.
Mississippi:
Jackson, United States Courthouse, $8,750,000.
Missouri:
Jefferson City, United States Courthouse, $5,200,000.
New Mexico:
Las Cruces, United States Courthouse, $15,000,000.
New York:
Champlain, Border Station, $52,510,000.
Massena, Border Station, $49,783,000.
Texas:
Austin, United States Courthouse, $3,000,000.
Washington:
Blaine, Peace Arch Border Station, $46,534,000.
Material Price Increases for the following existing projects: U.S. Mission to the United Nations, New York City, New York; FBI Office, Houston, Texas; Border Station, Del Rio, Texas; United States Courthouse, Cape Girardeau, Missouri; United States Courthouse, El Paso, Texas; and Border Station, El Paso, Texas, $57,789,000.
Non-prospectus Construction, $9,500,000:
Provided, That each of the foregoing limits of costs on new construction projects may be exceeded to the extent that savings are effected in other such projects, but not to exceed 10 percent, unless advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, That all funds for direct construction projects shall expire on September 30, 2007 and remain in the Federal Buildings Fund except for funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date; (2) $961,376,000 shall remain available until expended for repairs and alterations, which includes associated design and construction services:
Repairs and Alterations:
Arizona:
Tucson, James A. Walsh United States Courthouse,
$16,136,000.
District of Columbia:
For transfer to the Navy for certain permanent relocation expenses pursuant to section 1(e) of Public Law 108-268,
$2,000,000.
Eisenhower Executive Office Building, $133,417,000.
Federal Office Building 8, $47,769,000.
Heating, Operation, and Transmission District Repair,
$18,783,000.
Herbert C. Hoover Building, $54,491,000.
Main Interior Federal Building, $41,399,000.
Georgia:
Atlanta, Martin Luther King, Jr., Federal Building,
$30,129,000.
New York:
Brooklyn, Emanuel Celler Courthouse, $96,924,000.
New York, James Watson Federal Building and United States Courthouse, $9,721,000.
Special Emphasis Programs:
Chlorofluorocarbons Program, $10,000,000.
Energy Program, $28,000,000.
Glass Fragmentation Program, $15,700,000.
Design Program, $21,915,000.
Basic Repairs and Alterations, $434,992,000:
Provided further, That funds made available in this or any previous Act in the Federal Buildings Fund for Repairs and Alterations shall, for prospectus projects, be limited to the amount identified for each project, except each project in this or any previous Act may be increased by an amount not to exceed 10 percent of the amounts included in an approved prospectus, if required, unless advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, That additional projects for which prospectuses have been fully approved may be funded under this category only if advance approval is obtained from the Committees on Appropriations: Provided further, That the amounts provided in this or any prior Act for ``Repairs and Alterations'' may be used to fund costs associated with implementing security improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate: Provided further, That the difference between the funds appropriated and expended on any projects in this or any prior Act, under the heading ``Repairs and Alterations'', may be transferred to Basic Repairs and Alterations or used to fund authorized increases in prospectus projects: Provided further, That all funds for repairs and alterations prospectus projects shall expire on September 30, 2007 and remain in the Federal Buildings Fund except funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: Provided further, That the amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the Government arising from any projects under the heading ``Repairs and Alterations'' or used to fund authorized increases in prospectus projects; (3) $168,180,000 for installment acquisition payments including payments on purchase contracts which shall remain available until expended; (4) $4,046,031,000 for rental of space which shall remain available until expended; and (5) $1,885,102,000 for building operations which shall remain available until expended: Provided further, That funds available to the General Services Administration shall not be available for expenses of any construction, repair, alteration and acquisition project for which a prospectus, if required by the Public Buildings Act of 1959, as amended, has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus: Provided further, That funds available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations: Provided further, That, notwithstanding any other provision of law, the Administrator of the General Services Administration is authorized and directed to proceed with site, design, acquisition, and construction for a new courthouse in Jefferson City, Missouri, of which planning and design funding is provided in this Act: Provided further, That the courthouse in Jefferson, Missouri is a demonstration project that will be part of a larger judicial complex that will include the renovation and preservation of the existing historic United States Post Office and Courthouse as well as for implementing a new innovative fund process that will include the renovation and preservation of the existing historic United States Post Office and Courthouse: Provided further, That amounts necessary to provide reimbursable special services to other agencies under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 592(b)(2)) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, shall be available from such revenues and collections: Provided further, That revenues and collections and any other sums accruing to this Fund during fiscal year 2006, excluding reimbursements under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) in excess of the aggregate new obligational authority authorized for Real Property Activities of the Federal Buildings Fund in this Act shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts.
General Activities
Government-wide Policy
For expenses authorized by law, not otherwise provided for, for Government-wide policy and evaluation activities associated with the management of real and personal property assets and certain administrative services; Government-wide policy support responsibilities relating to acquisition, telecommunications, information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109, $52,796,000.
Operating Expenses
For expenses authorized by law, not otherwise provided for, for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; providing Internet access to Federal information and services; agency-wide policy direction and management, and Board of Contract Appeals; accounting, records management, and other support services incident to adjudication of Indian Tribal Claims by the United States Court of Federal Claims; services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for official reception and representation expenses, $99,890,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General and service authorized by 5 U.S.C. 3109, $43,410,000: Provided, That not to exceed $15,000 shall be available for payment for information and detection of fraud against the Government, including payment for recovery of stolen Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other Federal agencies and private citizens in recognition of efforts and initiatives resulting in enhanced Office of Inspector General effectiveness.
Electronic Government Fund
(including transfer of funds)
For necessary expenses in support of interagency projects that enable the Federal Government to expand its ability to conduct activities electronically, through the development and implementation of innovative uses of the Internet and other electronic methods, $5,000,000, to remain available until expended: Provided, That these funds may be transferred to Federal agencies to carry out the purposes of the Fund: Provided further, That such transfers may not be made until 10 days after a proposed spending plan and justification for each project to be undertaken has been submitted to the Committees on Appropriations: Provided further, That for purposes of the eTravel system no less than 23 percent of all contracted dollars shall be allocated to small businesses.
Allowances and Office Staff for Former Presidents
(including transfer of funds)
For carrying out the provisions of the Act of August 25, 1958, as amended (3 U.S.C. 102 note), and Public Law 95-138,
$2,952,000: Provided, That the Administrator of General Services shall transfer to the Secretary of the Treasury such sums as may be necessary to carry out the provisions of such Acts.
Federal Citizen Information Center Fund
For necessary expenses of the Federal Citizen Information Center, including services authorized by 5 U.S.C. 3109,
$15,000,000, to be deposited into the Federal Citizen Information Center Fund: Provided, That the appropriations, revenues, and collections deposited into the Fund shall be available for necessary expenses of Federal Citizen Information Center activities in the aggregate amount not to exceed $32,000,000. Appropriations, revenues, and collections accruing to this Fund during fiscal year 2006 in excess of such amount shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts.
Administrative Provisions--General Services Administration
(including recission of funds)
Sec. 601. The appropriate appropriation or fund available to the General Services Administration shall be credited with the cost of operation, protection, maintenance, upkeep, repair, and improvement, included as part of rentals received from Government corporations pursuant to law (40 U.S.C. 129).
Sec. 602. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.
Sec. 603. Funds in the Federal Buildings Fund made available for fiscal year 2006 for Federal Buildings Fund activities may be transferred between such activities only to the extent necessary to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations.
Sec. 604. No funds made available by this Act shall be used to transmit a fiscal year 2007 request for United States Courthouse construction that: (1) does not meet the design guide standards for construction as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office of Management and Budget; and (2) does not reflect the priorities of the Judicial Conference of the United States as set out in its approved 5-year construction plan: Provided, That the fiscal year 2007 request must be accompanied by a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded.
Sec. 605. None of the funds provided in this Act may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency that does not pay the rate per square foot assessment for space and services as determined by the General Services Administration in compliance with the Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 606. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and acquisition of buildings may be liquidated from savings effected in other construction projects with prior notification to the Committees on Appropriations.
Sec. 607. Section 412 of Division H of Public Law 108-447, Consolidated Appropriations Act, 2005 is amended--
(1) In the first sentence after the words,
``Notwithstanding any other provision of law,'', insert the phrase, ``beginning in fiscal year 2006 and thereafter,''; and
(2) In the first sentence after the words ``real and related personal property,'' insert the words, ``under the custody and control of the Administrator of General Services''.
Sec. 608. The General Services Administration shall conduct a program to promote the use of stairs in all federal buildings.
Sec. 609. No funds shall be used by the General Services Administration to reorganize its organizational structure without approval by the House and Senate Committees on Appropriations through an operating plan change.
Merit Systems Protection Board
Salaries and Expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), as amended, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, direct procurement of survey printing, and not to exceed
$2,000 for official reception and representation expenses,
$35,600,000 together with not to exceed $2,605,000 for administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems Protection Board.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Trust Fund
(including transfer of funds)
For payment to the Morris K. Udall Scholarship and Excellence in National Environmental Policy Trust Fund, pursuant to the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), $2,000,000, to remain available until expended, of which up to $50,000 shall be used to conduct financial audits pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law 107-289) notwithstanding sections 8 and 9 of Public Law 102-259: Provided, That up to 60 percent of such funds may be transferred by the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation for the necessary expenses of the Native Nations Institute.
Environmental Dispute Resolution Fund
For payment to the Environmental Dispute Resolution Fund to carry out activities authorized in the Environmental Policy and Conflict Resolution Act of 1998, $1,000,000, to remain available until expended.
National Archives and Records Administration
Operating Expenses
For necessary expenses in connection with the administration of the National Archives and Records Administration (including the Information Security Oversight Office) and archived Federal records and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, and for the hire of passenger motor vehicles, $280,975,000: Provided, That the Archivist of the United States is authorized to use any excess funds available from the amount borrowed for construction of the National Archives facility, for expenses necessary to provide adequate storage for holdings.
Electronic Records Archives
For necessary expenses in connection with the development of the electronic records archives, to include all direct project costs associated with research, analysis, design, development, and program management, $38,914,000: Provided, That none of these funds may be obligated until the National Archives and Records Administration submits to the Committees on Appropriations, and such Committees approve, a plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11; (2) complies with the National Archives and Records Administration's enterprise architecture; (3) conforms with the National Archives and Records Administration's enterprise life cycle methodology; (4) is approved by the National Archives and Records Administration and the Office of Management and Budget; (5) has been reviewed by the Government Accountability Office; and (6) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government.
Repairs and Restoration
For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings,
$11,682,000, to remain available until expended, of which
$2,500,000 is to construct a new regional archives and records facility in Anchorage, Alaska, and of which
$2,000,000 is for the repair and restoration of the plaza that surrounds the Lyndon Baines Johnson Presidential Library that is under the joint control and custody of the University of Texas: Provided, That such funds may be transferred directly to the University and used, together with University funds, for repair and restoration of the plaza and remain available until expended for this purpose: Provided further, That such funds shall be spent in accordance with the construction plan submitted to the Committees on Appropriations on March 14, 2005: Provided further, That the Archivist shall be prohibited from entering into any agreement with the University or any other party that requires additional funding commitments on behalf of the Federal government.
National Historical Publications and Records Commission
grants program
For necessary expenses for allocations and grants for historical publications and records as authorized by 44 U.S.C. 2504, as amended, $5,000,000, to remain available until expended.
National Credit Union Administration
central liquidity facility
(including transfer of funds)
During fiscal year 2006, gross obligations of the Central Liquidity Facility for the principal amount of new direct loans to member credit unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed $1,500,000,000: Provided, That administrative expenses of the Central Liquidity Facility in fiscal year 2006 shall not exceed $323,000.
community development credit union revolving loan fund
For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $950,000 shall be available until September 30, 2007 for technical assistance to low-income designated credit unions, and amounts of principal and interest on loans repaid shall be available until expended for low-income designated credit unions.
National Transportation Safety Board
Salaries and Expenses
For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-15; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
$76,700,000, of which not to exceed $2,000 may be used for official reception and representation expenses.
(Rescission)
Of the available unobligated balances made available under Public Law 106-246, $1,000,000 are rescinded.
Neighborhood Reinvestment Corporation
Payment to the Neighborhood Reinvestment Corporation
For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $115,000,000, of which $5,000,000 shall be for a multi-family rental housing program.
Office of Government Ethics
Salaries and Expenses
For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, as amended and the Ethics Reform Act of 1989, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 for official reception and representation expenses,
$11,148,000.
Office of Personnel Management
Salaries and Expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; advances for reimbursements to applicable funds of the Office of Personnel Management and the Federal Bureau of Investigation for expenses incurred under Executive Order No. 10422 of January 9, 1953, as amended; and payment of per diem and/or subsistence allowances to employees where Voting Rights Act activities require an employee to remain overnight at his or her post of duty, $124,521,000, of which $6,983,000 shall remain available until expended for the Enterprise Human Resources Integration project; $1,450,000 shall remain available until expended for the Human Resources Line of Business project; $500,000 shall remain available until expended for the E-Training project; and $1,412,000 shall remain available until expended until September 30, 2007 for the E-Payroll project; and in addition $100,017,000 for administrative expenses, to be transferred from the appropriate trust funds of the Office of Personnel Management without regard to other statutes, including direct procurement of printed materials, for the retirement and insurance programs: Provided, That the provisions of this appropriation shall not affect the authority to use applicable trust funds as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United States Code: Provided further, That no part of this appropriation shall be available for salaries and expenses of the Legal Examining Unit of the Office of Personnel Management established pursuant to Executive Order No. 9358 of July 1, 1943, or any successor unit of like purpose: Provided further, That the President's Commission on White House Fellows, established by Executive Order No. 11183 of October 3, 1964, may, during fiscal year 2006, accept donations of money, property, and personal services: Provided further, That such donations, including those from prior years, may be used for the development of publicity materials to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such Commission.
Office of Inspector General
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act, as amended, including services as authorized by 5 U.S.C. 3109, hire of passenger motor vehicles, $1,614,000, and in addition, not to exceed $16,329,000 for administrative expenses to audit, investigate, and provide other oversight of the Office of Personnel Management's retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General: Provided, That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere.
Government Payment for Annuitants, Employees Health Benefits
For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States Code, and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as amended, such sums as may be necessary.
Government Payment for Annuitants, Employee Life Insurance
For payment of Government contributions with respect to employees retiring after December 31, 1989, as required by chapter 87 of title 5, United States Code, such sums as may be necessary.
Payment to Civil Service Retirement and Disability Fund
For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special Acts to be credited to the Civil Service Retirement and Disability Fund, such sums as may be necessary: Provided, That annuities authorized by the Act of May 29, 1944, as amended, and the Act of August 19, 1950, as amended (33 U.S.C. 771-775), may hereafter be paid out of the Civil Service Retirement and Disability Fund.
Office of Special Counsel
Salaries and Expenses
For necessary expenses to carry out functions of the Office of Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978 (Public Law 95-454), as amended, the Whistleblower Protection Act of 1989
(Public Law 101-12), as amended, Public Law 107-304, and the Uniformed Services Employment and Reemployment Act of 1994
(Public Law 103-353), including services as authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire of passenger motor vehicles; $15,325,000.
Selective Service System
Salaries and Expenses
For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed $750 for official reception and representation expenses; $25,650,000: Provided, That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever the President deems such action to be necessary in the interest of national defense: Provided further, That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States.
United States Interagency Council on Homelessness
Operating Expenses
For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms, and the employment of experts and consultants under section 3109 of title 5, United States Code) of the United States Interagency Council on Homelessness in carrying out the functions pursuant to title II of the McKinney-Vento Homeless Assistance Act, as amended,
$1,800,000.
Title II of the McKinney-Vento Homeless Assistance Act, as amended, is amended in section 209 by striking ``2005'' and inserting ``2012''.
United States Postal Service
Payment to the Postal Service Fund
For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsections (c) and (d) of section 2401 of title 39, United States Code,
$116,350,000, of which $87,350,000 shall not be available for obligation until October 1, 2006: Provided, That mail for overseas voting and mail for the blind shall continue to be free: Provided further, That 6-day delivery and rural delivery of mail shall continue without reduction: Provided further, That none of the funds made available to the Postal Service by this Act shall be used to implement any rule, regulation, or policy of charging any officer or employee of any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: Provided further, That none of the funds provided in this Act shall be used to consolidate or close small rural and other small post offices in fiscal year 2006.
United States Tax Court
Salaries and Expenses
For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109, $47,998,000: Provided, That travel expenses of the judges shall be paid upon the written certificate of the judge.
TITLE VII--GENERAL PROVISIONS THIS ACT
(including transfers of funds)
Sec. 701. Such sums as may be necessary for fiscal year 2006 pay raises for programs funded in this Act shall be absorbed within the levels appropriated in this Act or previous appropriations Acts.
Sec. 702. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act.
Sec. 703. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein.
Sec. 704. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.
Sec. 705. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.
Sec. 706. None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 707. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service, and has within 90 days after his release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position and has not been restored thereto.
Sec. 708. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
Sec. 709. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
Sec. 710. None of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2006, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropriations or the table accompanying the statement of the managers accompanying this Act, whichever is more detailed, unless prior approval is received from the House and Senate Committees on Appropriations: Provided, That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committee on Appropriations of the Senate and of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further, That the report shall include: (1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by object class and program, project, and activity as detailed in the budget appendix for the respective appropriation; and
(3) an identification of items of special congressional interest: Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress.
Sec. 711. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2006 from appropriations made available for salaries and expenses for fiscal year 2006 in this Act, shall remain available through September 30, 2007, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees on Appropriations for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines.
Sec. 712. None of the funds made available in this Act may be used by the Executive Office of the President to request from the Federal Bureau of Investigation any official background investigation report on any individual, except when--
(1) such individual has given his or her express written consent for such request not more than 6 months prior to the date of such request and during the same presidential administration; or
(2) such request is required due to extraordinary circumstances involving national security.
Sec. 713. The cost accounting standards promulgated under section 26 of the Office of Federal Procurement Policy Act
(Public Law 93-400; 41 U.S.C. 422) shall not apply with respect to a contract under the Federal Employees Health Benefits Program established under chapter 89 of title 5, United States Code.
Sec. 714. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an Appropriations Act) funds made available to the Office pursuant to court approval.
Sec. 715. In order to promote Government access to commercial information technology, the restriction on purchasing nondomestic articles, materials, and supplies set forth in the Buy American Act (41 U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal Government of information technology (as defined in section 11101 of title 40, United States Code), that is a commercial item (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).
Sec. 716. None of the funds made available under this Act may be obligated or expended to establish or implement a pilot program under which not more than 10 designated essential air service communities located in proximity to hub airports are required to assume 10 percent of their essential air subsidy costs for a 4-year period commonly referred to as the EAS local participation program.
Sec. 717. From funds made available in this Act under the headings ``White House Office'', ``Executive Residence at the White House'', ``White House Repair and Restoration'',
``Council of Economic Advisors'', ``National Security Council'', ``Office of Administration'', ``Office of Management and Budget'', ``Office of National Drug Control Policy'', ``Special Assistance to the President'', and
``Official Residence of the Vice President'', the Director of the Office of Management and Budget (or such other officer as the President may designate in writing), may, fifteen days after giving notice to the House and Senate Committees on Appropriations, transfer not to exceed 10 percent of any such appropriation to any other such appropriation, to be merged with and available for the same time and for the same purposes as the appropriation to which transferred: Provided, That the amount of an appropriation shall not be increased by more than 50 percent by such transfers: Provided further, That no amount shall be transferred from ``Special Assistance to the President'' or ``Official Residence of the Vice President'' without the approval of the Vice President.
Sec. 718. All Federal agencies and departments that are funded under this Act shall issue quarterly reports to the House and Senate Committees on Appropriations on all sole source contracts. Such report shall include the contractor, the amount of the contract and the rationale for using a sole source contract. Each Federal agency and department shall publish this information quarterly in the Federal Register.
Sec. 719. Section 315(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C 441a(a)(4)) is amended--
(1) by striking ``(4)'' and inserting ``(4)(A)''; and
(2) by adding at the end the following new subparagraph:
``(B) The limitation on contributions contained in paragraphs (1) and (2) do not apply to transfers between a leadership committee of an individual holding Federal office and political committees established and maintained by a national political party. For purposes of the previous sentence, the term `leadership committee' means, with respect to an individual holding Federal office, an unauthorized political committee which is associated with such individual but which is not affiliated with any authorized committee of such individual.''.
Sec. 720. The Secretary of the Treasury may transfer funds from within Treasury accounts for any costs necessary to pay for both career and non-career Senior Executive Service positions and support staff in locations of economic strategic interest throughout the world. Such positions would be used to advocate potions of interest to the United States government, including open and fair financial markets, consistent with the Secretary's obligation under the Gold Reserve Act of 1934 (48 Stat. 337) to promote orderly exchange arrangements and an orderly system of exchange rates. Any transfer shall not be made available until approved in an operating plan request by the House and Senate Committees on Appropriations.
Sec. 721. None of the funds made available in this Act may be used to administer, implement, or enforce the amendment made to section 515.533 of title 31, Code of Federal Regulations, that was published in the Federal Register on February 25, 2005.
Sec. 722. Notwithstanding any other provision of law, hereafter, neither the Board of Governors of the Federal Reserve System nor the Secretary of the Treasury may determine, by rule, regulation, order, or otherwise, for purposes of section 4(K) of the Bank Holding Company Act of 1956, or section 5136A of the Revised Statutes of the United States, that real estate brokerage activity or real estate management activity (which, for purposes of this paragraph shall be defined to mean ``real estate brokerage'' and
``property management'' respectively, as those terms were understood by the Federal Reserve Board prior to March 11, 2000) is an activity that is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. For purposes of this paragraph, ``real estate brokerage activity'' shall mean ``real estate brokerage'', and ``real estate management activity'' shall mean ``property management'', as those terms were understood by the Federal Reserve Board prior to March 11, 2000.
Sec. 723. None of the funds in this Act or otherwise available to the Secretary of the Treasury from any source may be expended to implement a reimbursable agreement pursuant to section 517 of H.R. 2360, as adopted by the United States Senate on July 14, 2005.
TITLE VIII--GENERAL PROVISIONS GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 801. Funds appropriated in this or any other Act may be used to pay travel to the United States for the immediate family of employees serving abroad in cases of death or life threatening illness of said employee.
Sec. 802. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 2006 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act (21 U.S.C. 802)) by the officers and employees of such department, agency, or instrumentality.
Sec. 803. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel, or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 804. Unless otherwise specified during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States
(including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person in the service of the United States on the date of the enactment of this Act who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States; (3) is a person who owes allegiance to the United States; (4) is an alien from Cuba, Poland, South Vietnam, the countries of the former Soviet Union, or the Baltic countries lawfully admitted to the United States for permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the United States after January 1, 1975; or (6) is a national of the People's Republic of China who qualifies for adjustment of status pursuant to the Chinese Student Protection Act of 1992 (Public Law 102-404): Provided, That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status have been complied with: Provided further, That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, or the Republic of the Philippines, or to nationals of those countries allied with the United States in a current defense effort, or to international broadcasters employed by the United States Information Agency, or to temporary employment of translators, or to temporary employment in the field service
(not to exceed 60 days) as a result of emergencies.
Sec. 805. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable law.
Sec. 806. In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted prior to the effective date of the Executive order.
(2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency.
Sec. 807. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced.
Sec. 808. No part of any appropriation for the current fiscal year contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person.
Sec. 809. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality.
Sec. 810. Funds made available by this or any other Act to the Postal Service Fund (39 U.S.C. 2003) shall be available for employment of guards for all buildings and areas owned or occupied by the Postal Service or under the charge and control of the Postal Service. The Postal Service may give such guards, with respect to such property, any of the powers of special policemen provided under 40 U.S.C. 1315. The Postmaster General, or his designee, may take any action that the Secretary of Homeland Security may take under such section with respect to that property.
Sec. 811. None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution duly adopted in accordance with the applicable law of the United States.
Sec. 812. (a) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 2006, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration of the limitation imposed by the comparable section for previous fiscal years until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 2006, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section; and
(2) during the period consisting of the remainder of fiscal year 2006, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more than the sum of--
(A) the percentage adjustment taking effect in fiscal year 2006 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and
(B) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2006 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous fiscal year under such section.
(b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which subsection (a) is in effect at a rate that exceeds the rates that would be payable under subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, 2005, shall be determined under regulations prescribed by the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, 2005, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section.
(e) This section shall apply with respect to pay for service performed after September 30, 2005.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect.
(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees.
Sec. 813. During the period in which the head of any department or agency, or any other officer or civilian employee of the Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is expressly approved by the Committees on Appropriations. For the purposes of this section, the term
``office'' shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual.
Sec. 814. Notwithstanding section 1346 of title 31, United States Code, or section 809 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order No. 12472 (April 3, 1984).
Sec. 815. (a) None of the funds appropriated by this or any other Act may be obligated or expended by any Federal department, agency, or other instrumentality for the salaries or expenses of any employee appointed to a position of a confidential or policy-determining character excepted from the competitive service pursuant to section 3302 of title 5, United States Code, without a certification to the Office of Personnel Management from the head of the Federal department, agency, or other instrumentality employing the Schedule C appointee that the Schedule C position was not created solely or primarily in order to detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the Department of State;
(6) any agency, office, or unit of the Army, Navy, Air Force, and Marine Corps, the Department of Homeland Security, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, and the Department of Energy performing intelligence functions; and
(7) the Director of National Intelligence or the Office of the Director of National Intelligence.
Sec. 816. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for the current fiscal year shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from discrimination and sexual harassment and that all of its workplaces are not in violation of title VII of the Civil Rights Act of 1964
(Public Law 88-352, 78 Stat. 241), as amended, the Age Discrimination in Employment Act of 1967 (Public Law 90-202, 81 Stat. 602), and the Rehabilitation Act of 1973 (Public Law 93-112, 87 Stat. 355).
Sec. 817. No part of any appropriation contained in this or any other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee of the Congress in connection with any matter pertaining to the employment of such other officer or employee or pertaining to the department or agency of such other officer or employee in any way, irrespective of whether such communication or contact is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance of efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by reason of any communication or contact of such other officer or employee with any Member, committee, or subcommittee of the Congress as described in paragraph (1).
Sec. 818. (a) None of the funds made available in this or any other Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation;
(4) contains any methods or content associated with religious or quasi-religious belief systems or ``new age'' belief systems as defined in Equal Employment Opportunity Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties.
Sec. 819. No funds appropriated in this or any other Act may be used to implement or enforce the agreements in Standard Forms 312 and 4414 of the Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following provisions:
``These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title 10, United States Code, as amended by the Military Whistleblower Protection Act (Public Law 100-456) (governing disclosure to Congress by members of the military); section 2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act (Public Law 101-12) (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive order and listed statutes are incorporated into this agreement and are controlling.'': Provided, That notwithstanding the preceding paragraph, a nondisclosure policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law.
Sec. 820. No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself.
Sec. 821. None of the funds appropriated by this or any other Act may be used by an agency to provide a Federal employee's home address to any labor organization except when the employee has authorized such disclosure or when such disclosure has been ordered by a court of competent jurisdiction.
Sec. 822. None of the funds made available in this Act or any other Act may be used to provide any non-public information such as mailing or telephone lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations.
Sec. 823. No part of any appropriation contained in this or any other Act shall be used for publicity or propaganda purposes within the United States not heretofor authorized by the Congress.
Sec. 824. (a) In this section the term ``agency''--
(1) means an Executive agency as defined under section 105 of title 5, United States Code;
(2) includes a military department as defined under section 102 of such title, the Postal Service, and the Postal Rate Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations to use such time for other purposes, an employee of an agency shall use official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee exempted under section 6301(2) of title 5, United States Code, has an obligation to expend an honest effort and a reasonable proportion of such employee's time in the performance of official duties.
Sec. 825. Notwithstanding 31 U.S.C. 1346 and section 809 of this Act, funds made available for the current fiscal year by this or any other Act to any department or agency, which is a member of the Joint Financial Management Improvement Program
(JFMIP), shall be available to finance an appropriate share of JFMIP administrative costs, as determined by the JFMIP, but not to exceed a total of $800,000 including the salary of the Executive Director and staff support.
Sec. 826. Notwithstanding 31 U.S.C. 1346 and section 810 of this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse ``General Services Administration, Government-wide Policy'' with the approval of the Director of the Office of Management and Budget, funds made available for the current fiscal year by this or any other Act, including rebates from charge card and other contracts: Provided, That these funds shall be administered by the Administrator of General Services to support Government-wide financial, information technology, procurement, and other management innovations, initiatives, and activities, as approved by the Director of the Office of Management and Budget, in consultation with the appropriate interagency groups designated by the Director (including the Chief Financial Officers Council and the Joint Financial Management Improvement Program for financial management initiatives, the Chief Information Officers Council for information technology initiatives, the Chief Human Capital Officers Council for human capital initiatives, and the Federal Acquisition Council for procurement initiatives). The total funds transferred or reimbursed shall not exceed
$17,000,000. Such transfers or reimbursements may only be made 15 days following notification of the Committees on Appropriations by the Director of the Office of Management and Budget.
Sec. 827. Notwithstanding any other provision of law, a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location.
Sec. 828. Nothwithstanding section 1346 of title 31, United States Code, or section 809 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of specific projects, workshops, studies, and similar efforts to carry out the purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit multiple Federal departments, agencies, or entities: Provided, That the Office of Management and Budget shall provide a report describing the budget of and resources connected with the National Science and Technology Council to the Committees on Appropriations, the House Committee on Science; and the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this Act.
Sec. 829. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving the distribution of Federal funds shall indicate the agency providing the funds, the Catalog of Federal Domestic Assistance Number, as applicable, and the amount provided: Provided, That this provision shall apply to direct payments, formula funds, and grants received by a State receiving Federal funds.
Sec. 830. Subsection (f) of section 403 of Public Law 103-356 (31 U.S.C. 501 note), as amended, is further amended by striking ``October 1, 2005'' and inserting ``October 1, 2006'': Provided, That this provision shall not apply to the Department of Homeland Security.
Sec. 831. (a) Prohibition of Federal Agency Monitoring of Individuals' Internet Use.--None of the funds made available in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or obtain any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify particular persons;
(2) any voluntary submission of personally identifiable information;
(3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and is necessarily incident to providing the Internet site services or to protecting the rights or property of the provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the agency's supervised institutions, including assessing safety and soundness, overall financial condition, management practices and policies and compliance with applicable standards as provided in law.
Sec. 832. (a) None of the funds appropriated by this Act may be used to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.
Sec. 833. The Congress of the United States recognizes the United States Anti-Doping Agency (USADA) as the official anti-doping agency for Olympic, Pan American, and Paralympic sport in the United States.
Sec. 834. Notwithstanding any other provision of law, funds appropriated for official travel by Federal departments and agencies may be used by such departments and agencies, if consistent with Office of Management and Budget Circular A-126 regarding official travel for Government personnel, to participate in the fractional aircraft ownership pilot program.
Sec. 835. Notwithstanding any other provision of law, none of the funds appropriated or made available under this Act or any other appropriations Act may be used to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the Office of Personnel Management to add sections 300.311 through 300.316 to part 300 of title 5 of the Code of Federal Regulations, published in the Federal Register, volume 68, number 174, on September 9, 2003
(relating to the detail of executive branch employees to the legislative branch).
Sec. 836. Each Executive department and agency shall evaluate the creditworthiness of an individual before issuing the individual a government purchase charge card or government travel charge card. The department or agency may not issue a government purchase charge card or government travel charge card to an individual that either lacks a credit history or is found to have an unsatisfactory credit history as a result of this evaluation: Provided, That this restriction shall not preclude issuance of a restricted-use charge, debit, or stored value card made in accordance with agency procedures to: (1) an individual with an unsatisfactory credit history where such card is used to pay travel expenses and the agency determines there is no suitable alternative payment mechanism available before issuing the card; or (2) an individual who lacks a credit history. Each Executive department and agency shall establish guidelines and procedures for disciplinary actions to be taken against agency personnel for improper, fraudulent, or abusive use of government charge cards, which shall include appropriate disciplinary actions for use of charge cards for purposes, and at establishments, that are inconsistent with the official business of the Department or agency or with applicable standards of conduct.
Sec. 837. (a) The adjustment in rates of basic pay for employees under the statutory pay systems that takes effect in fiscal year 2006 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 3.1 percent, and this adjustment shall apply to civilian employees in the Department of Defense and the Department of Homeland Security and such adjustments shall be effective as of the first day of the first applicable pay period beginning on or after January 1, 2006.
(b) Notwithstanding section 812 of this Act, the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2006 under sections 5344 and 5348 of title 5, United States Code, shall be no less than the percentage in paragraph (a) as employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under section 5303 and 5304 of title 5, United States Code. Prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5 and prevailing rate employees described in section 5343(a)(5) of title 5 shall be considered to be located in the pay locality designated as
``Rest of US'' pursuant to section 5304 of title 5 for purposes of this paragraph.
(c) Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or agency for salaries and expenses for fiscal year 2006.
Sec. 838. (a) Not later than 180 days after the end of the fiscal year, the head of each Federal agency shall submit a report to Congress on the amount of the acquisitions made by the agency from entities that manufacture the articles, materials, or supplies outside of the United States in that fiscal year.
(b) The report required by subsection (a) shall separately indicate--
(1) the dollar value of any articles, materials, or supplies purchased that were manufactured outside of the United States;
(2) an itemized list of all waivers granted with respect to such articles, materials, or supplies under the Buy American Act (41 U.S.C. 10a et seq.); and
(3) a summary of the total procurement funds spent on goods manufactured in the United States versus funds spent on goods manufactured outside of the United States.
(c) The head of each Federal agency submitting a report under subsection (a) shall make the report publicly available to the maximum extent practicable.
(d) This section shall not apply to acquisitions made by an agency, or component thereof, that is an element of the intelligence community as set forth in or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
Sec. 839. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities.
Sec. 840. Notwithstanding section 1346 of title 31, United States Code, and section 809 of this Act and any other provision of law, the head of each appropriate executive department and agency shall transfer to or reimburse the Federal Aviation Administration, upon the direction of the Director of the Office of Management and Budget, funds made available by this or any other Act for the purposes described below, and shall submit budget requests for such purposes. These funds shall be administered by the Federal Aviation Administration, in consultation with the appropriate interagency groups designated by the Director and shall be used to ensure the uninterrupted, continuous operation of the Midway Atoll Airfield by the Federal Aviation Administration pursuant to an operational agreement with the Department of the Interior for the entirety of fiscal year 2006 and any period thereafter that precedes the enactment of the Transportation, Treasury, the Judiciary, Housing and Urban Development, and Related Agencies Appropriations Act, 2006. The Director of the Office of Management and Budget shall mandate the necessary transfers after determining an equitable allocation between the appropriate executive departments and agencies of the responsibility for funding the continuous operation of the Midway Atoll Airfield based on, but not limited to, potential use, interest in maintaining aviation safety, and applicability to governmental operations and agency mission. The total funds transferred or reimbursed shall not exceed $6,000,000 for any twelve-month period. Such sums shall be sufficient to ensure continued operation of the airfield throughout the period cited above. Funds shall be available for operation of the airfield or airfield-related capital upgrades. The Director of the Office of Management and Budget shall notify the Committees on Appropriations of such transfers or reimbursements within 15 days of this Act. Such transfers or reimbursements shall begin within 30 days of enactment of this Act.
Sec. 841. Section 4(b) of the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270) is amended by adding at the end the following new paragraph:
``(5) Executive agencies with fewer than 100 full-time employees as of the first day of the fiscal year. However, such an agency shall be subject to section 2 to the extent it plans to conduct a public-private competition for the performance of an activity that is not inherently governmental.''.
Sec. 842. Unless otherwise authorized by existing law, none of the funds provided in this Act or any other Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency.
Sec. 843. Competitive Sourcing. (a) Requirement for Public-Private Competition.--
(1) Notwithstanding any other provision of law, none of the funds appropriated by this or any other Act shall be available to convert to contractor performance an activity or function of an executive agency, that on or after the date of enactment of this Act, is performed by more than 10 Federal employees unless--
(A) the conversion is based on the result of a public-private competition that includes a most efficient and cost effective organization plan developed by such activity or function; and
(B) the Competitive Sourcing Official determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the executive agency by an amount that equals or exceeds the lesser of--
(i) 10 percent of the most efficient organization's personnel-related costs for performance of that activity or function by Federal employees; or
(ii) $10,000,000.
(2) This paragraph shall not apply to--
(A) a commercial or industrial type function that--
(i) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47); or
(ii) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act.
(B) depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code; or
(C) activities that are the subject of an ongoing competition that was publicly announced prior to the date of enactment of this act.
(b) Use of Public-Private Competition.--Nothing in Office of Management and Budget Circular A-76 shall prevent the head of an executive agency from conducting a public-private competition to evaluate the benefits of converting work from contract performance to performance by Federal employees in appropriate instances. The Circular shall provide procedures and policies for these competitions that are similar to those applied to competitions that may result in the conversion of work from performance by Federal employees to performance by a contractor.
This Act may be cited as the ``Transportation, Treasury, the Judiciary, Housing and Urban Development, and Related Agencies Appropriations Act, 2006''.
Mr. BOND. Mr. President, I ask unanimous consent that the amendment at the desk to the substitute be agreed to, the committee substitute now as amended be agreed to, and it be considered as original text for the purpose of further amendment, with no points of order waived by virtue of this agreement.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2060) was agreed to, as follows:
Amendment No. 2060
Strike section 719.
The committee amendment in the nature of a substitute, as amended, was agreed to.
Mr. BOND. Mr. President, it is with pleasure that I rise, after 2\1/
2\ months of waiting, to introduce the Transportation, Treasury, HUD, Judiciary, and related agencies fiscal year 2006 appropriations bill. My invaluable partner, the distinguished Senator from Washington, is being held up by airline delays, something that most of us in this body are acquainted with, so I will go ahead and present my opening statement and open the floor for business and reserve her time until she is able to get here.
This bill is the first real appropriations product of a brand-new subcommittee that grew out of the reorganization of the Senate Appropriations Committee from earlier this year. It is a substantial and complex bill that will have a significant and, we hope, positive impact on every State and community in this Nation, as it covers, among other things, every mode of transportation, financial services, and IRS requirements, as guided by the Department of Treasury, the Federal responsibility for housing and economic development under HUD, as well as the funding for the executive office of the President, for the Federal judicial system, and for other related agencies, such as GSA, OPM, and the Postal Service.
My view is that this is a good product, as good a product as we could have produced given the circumstances in our allocation. I give tremendous credit and thanks to my friend and colleague, the ranking member, Senator Murray, for her hard work, dedication, and commitment to working with me in a bipartisan manner to craft this legislation. As I said, this is a brand-new bill for us, for our staffs, and for this body to consider. I think it is a good bill and that is due, in no small part, because of the participation of Senator Murray and her partnership with me in the legislative process. I look forward to working with her through conference and final passage.
We started with a budget that severely underfunded many of the important programs in this bill. These are programs that historically have been supported in large numbers by the Members this body. Thankfully, in most cases we have been able to restore many of the cuts and shortfalls, and for that we especially thank Chairman Cochran and the ranking member, Senator Byrd, who demonstrated their understanding and sensitivity to the needs of the Transportation-Treasury appropriations subcommittee. Without Chairman Cochran's help and Senator Byrd's acquiescence, we would have been unable to meet the funding needs of most of our programs, as well as Members' priorities. This bill as well is within our section 302(b) allocation of $65.819 billion of budget authority and $122.064 billion in outlays.
In particular, despite our fiscal limitations, we worked diligently to ensure that transportation programs in this bill are adequately funded. One of our highest priorities in fashioning the bill was to meet the Federal responsibilities to provide funding for the safety, construction, and maintenance of our highways, transit systems, and airports. Funding of our Nation's transportation infrastructure, and especially for our highway and road network, creates jobs and promotes economic growth. More importantly, it guarantees the continued growth of our economic infrastructure by which we serve our markets throughout the Nation and ultimately the world. Our transportation system, the system that brought our country together in the 19th century, is still the heart and the arteries by which we pump our goods and products, which guarantees our current and future prosperity in the national and international marketplace. We cannot afford to shortchange this system.
Moreover, the delay in passing the surface transportation authorization, SAFETEA, made it difficult to recommend funding for the Federal Highway Administration, Federal Transit Administration, National Highway Traffic Safety Administration, and Federal Motor Carrier Safety Administration. I will not go into reasons for the delay in that, having had a hand in that operation, as has the occupant of the chair. He and I both did. In many cases, the committee funding levels for this bill were based on our best guess on how a program would fare in the authorization process.
Some guesses were better than others.
Clearly, a number of changes will have to be made to this appropriations bill to be more consistent with safety. I am exited to be addressing these issues in conference.
Next, the bill provides $14.78 billion for the Federal Aviation Administration. This is approximately $400 million more than the request. The recommendation includes $14.3 million to hire safety inspectors and to accelerate restoring the inspector staffing level. It also adds $4 million to restore engineering and inspector staffing at the Office of Certification so that new equipment and technologies can be approved for use in aviation and so that our Nation can retain leadership in aviation.
I am pleased to announce that the bill does not cut the Airport Improvement Program by $500 million as proposed in the budget request. Also, on the good news side, we have been able to fund Amtrak at $1.45 billion while taking some incremental steps to reform how Amtrak conducts its business. These reforms include enforcement of a prohibition currently in law that prohibits Amtrak from subsidizing losses from its food and beverage service. Most people can't believe it when we tell them that Amtrak currently spends $2 for every $1 received for food and beverage service. We can no longer afford to pay for that luxury while failing to address the operational shortfall and serve infrastructure needs in the Northeast corridor.
This bill also authorizes Amtrak to impose a Federal surcharge on tickets to address infrastructure needs. This surcharge will only go into effect upon a finding by Amtrak that such surcharges would not depress ticket sales.
Finally, we would allow Amtrak to establish assessments on commuter rail authorities for their use of Amtrak-owned rail segments as another way to begin addressing the capital needs of the Northeast corridor.
These are modest but we believe very significant attempts to offset some of the costs that we cannot and should not provide.
I am also very supportive of the efforts of Senator Stevens and Senator Lott to move a comprehensive Amtrak reform bill through the Commerce Committee that will balance the funding needs for all Amtrak rail service.
We hope our modest attempts to offset certain costs can be seen as a stepping stone to the Commerce Committee's reform bill. There is one major disappointment in this operation, however, and that is the administration's posture on Amtrak funding and reform. The administration has threatened to veto this bill if the Amtrak funding level of $1.45 billion is maintained without substantial reform.
I have no problem with reform and indeed recognize its need. But the sad fact is, the administration has failed to provide adequate guidance and/or leadership on this issue. Even more troubling is the administration's position that even were adequate reform to be proposed, OMB would not provide the budget amendment to supplement the
$360 million recommended in the administration's 2006 budget, and $360 million is likely not even enough to support the cost of bankruptcy for Amtrak which would be a tremendously costly financial and economic burden to the Nation and send Amtrak into chaos and great consternation for the people throughout the Nation.
For the Department of Treasury, the bill provides about $11.7 billion for fiscal year 2006. This amount is about $50 million above the budget request and some $475 million above the fiscal year 2005 enacted level.
To help fight the war on terrorism, we have provided full funding for the Treasury's Office of Terrorism and Financial Intelligence. I strongly support Treasury's antiterrorism efforts. I commend them on it because I believe this is a vital and unique role in cutting off financial assistance to terrorist organizations, and without that assistance they will not be nearly as robust, and they will not provide nearly the challenge to our safety and security that they would were we not able to cut off these ties.
There has been a lot of talk and Members here and people across the country are concerned about the so-called ``tax gap''--the difference between what is actually collected and what is owed. To help close that gap we continue providing for taxpayer services. We have provided $10.7 billion for the IRS, including $6.9 billion for tax enforcement activities. This amount is $443 million above the fiscal year 2005 enacted level.
These additional funds will help ensure that there will be less fraud and that honest taxpayers will have a greater level of confidence in our tax system. If average citizens do not believe others are paying what they owe, there is much less incentive to do the right thing and pay the taxes that are owed.
We provided full funding for IRS's modernization efforts through its business system modernization program. Currently, this program is IRS's highest management and administrative priority.
Turning to the Federal judiciary, the bill includes a total appropriation of $5.8 billion which is a 6.5-percent increase over the fiscal year 2005 enacted level. This represents the funding necessary to meet the judiciary's fiscal year 2006 funding needs.
For HUD, the bill provides some $30.6 billion for fiscal year 2006, an increase of $5.6 billion over the request for Housing and Urban Development activities. These additional funds include almost $4.35 billion for the Community Development Fund and the CDBG which was slated for elimination through a reduction of over 30 percent of the funding, and consolidation and submersion of the activities along with other programs into a new grant program within the Department of Commerce which, in my view, does not have the expertise and should not be involved in Housing and Urban Development's very well connected activities.
This bill also reduces a proposed rescission of ``excess'' section 8 funds from $2.5 billion to $1.5 billion. Neither HUD nor the Office of Management and Budget, when called before our committee, could identify the rescission source. We asked them: Where is the money coming from? They said: Well, we do not know, but it has been there in the past.
I explained to them that our Appropriations Committee had worked with HUD and OMB to change the manner of allocating HUD section 8 funds so there would not be that amount left over. Nevertheless, they chose to ignore that process in which they had been deeply involved, and asking for $2.5 billion when we don't see any evidence that they know it is there would result in cuts to priority programs, such as programs for the homeless, section 202 housing for the elderly, housing for people with AIDS, public housing, and the very important home program that gives local governments the resources to make housing-targeted investments in their own community.
In addition, I am happy to report that we have adequately funded almost all HUD programs at a minimum of last year's level, which is generally higher than the request.
Moving next to the Executive Office of the President, we basically funded them at the request level, acceding to their request to merge the Office of Policy Development into the White House Office Salaries and Expenses Account as the administration requested.
We have also fully funded the High Intensity Drug Trafficking Areas Program at $227 million despite the budget request which would have funded it at $100 million in the Department of Justice.
My colleagues and I know from listening to law enforcement personnel in our States that this has been a critically important program which has been successful throughout the Nation in helping to root out and eradicate methamphetamine production, marijuana and ecstasy use, as well as heroin and cocaine importation. This program was especially important in Missouri where methamphetamine production and use has reached almost epidemic proportions. It absolutely affects and taints every community in this Nation, no matter how large or how small. The toll of methamphetamine production, distribution, use, and addiction is something that Missouri has found much to our distress as we have become one of the leaders in its use, and the Nation has a far too high price to pay in human terms as well as in economic terms.
Finally, we are facing a crisis precipitated by Hurricanes Katrina and Rita in Louisiana, Mississippi, Alabama, and Texas. The extent of the damage and human tragedy in New Orleans and parts of Louisiana because of these hurricanes is virtually unprecedented in the history of natural disasters in our Nation.
While there is much to be done, I am optimistic and confident that the Nation will do what is necessary to overcome this tragedy.
I am hopeful that Members will wait until the coming Katrina and Rita supplemental to offer amendments. A piecemeal approach on different appropriations bills is not the way to go. I understand the urge to want to do something immediately, but we learned a lot of lessons in New York from 9/11 and previous natural disasters, and we need to apply those lessons carefully, consistently, and in a comprehensive manner to New Orleans, to the States of Louisiana, Mississippi, and Alabama.
What we need first is a fully functioning FEMA with leadership and adequate resources. I believe the administration is taking the needed steps to reach that goal. While there are still things needing to be done, FEMA has all the necessary authority and funding to meet all the current initial needs. FEMA has the know-how and the people on the ground. It is slow going, no doubt, but it is beginning to work. Once the initial assessment is complete, then and only then is the time to add additional necessary funding and the needed authorities for other Federal agencies to help the Katrina-Rita recovery efforts.
For example, this means education assistance to ensure available, good educational opportunities and continuity in that education. It means any needed unemployment assistance and job creation initiatives as we rebuild the New Orleans area. It means housing vouchers and other housing assistance options. It means establishing new entities such as a local public benefit corporation similar to the Lower Manhattan Development Corporation which was created in the aftermath of 9/11 as a way to rebuild Manhattan. It means rebuilding roads and much of the transportation infrastructure. It means special health care assistance. And it means EPA environmental contamination assistance to complete the cleanup of the disaster area.
I think we also need to look closely at how best to rebuild New Orleans and the surrounding parishes. As we have long known--especially now that Katrina and Rita have delivered such a devastating wake-up blow--much of New Orleans is below sea level and likely will remain exposed and vulnerable to some level of annual flooding, to the type of horrific damage and loss of life that was caused by Katrina and Rita.
I do not think it is enough just to build stronger and bigger levees. The plan must be more thoughtful, and we will need to ensure that the poorest households, including those who live in public and assisted housing, are not just relocated to the most risky neighborhoods. In fact, we must think hard about whether to rebuild many of the neighborhoods most at risk of hurricane damage and flooding.
I also strongly urge that any rebuilding plans try to ensure those persons and families who have been displaced by Katrina and Rita are given an opportunity to rebuild their communities and a right of first refusal to any housing that is rebuilt. However, let me emphasize that this is not the right bill on which to rush to create and fund new programs. There will be another supplemental in the next week or so, and that bill is the appropriate vehicle in which to seek funding and establish new programs as appropriate.
I understand everyone wants to help and to do what is right. However, we must proceed thoughtfully. We need to work together based on knowledge and need.
As for the progress on this bill, I understand from the leadership that they are looking for a vote that would be held at 5:30. We are preparing to offer that amendment.
I make a particular point to my colleagues and staff who are listening that we are open for business. This bill has been hanging out there since mid-July. People have had an opportunity to look at it. I hope Members with well-crafted, relevant amendments will come forward in order to get this bill completed without further disruption to the vital entities and activities we fund. We would like to finish it, if possible, by Wednesday night. At this juncture we do not know how many amendments will be offered. I ask all staff involved to let the majority and minority staff know what amendments Members are planning to propose, when Members are planning to propose them. We will work with you. If they are ones we can accept, we would like to do that.
It is imperative to continue the activities not just of the Treasury and other governmental agencies but for Transportation, for Housing and Urban Development, to move forward on this bill so they will know the funds are available.
Amendment No. 2061
I send an amendment to the desk and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Missouri [Mr. Bond] proposes an amendment numbered 2061.
Mr. BOND. I ask unanimous consent the reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: Clarifies the ability of HUD to recover assets used in violation of a regulatory agreement)
Insert the following on page 348, after line 5, and renumber sections accordingly:
Sec. 321. Section 421 of the Housing and Community Development Act of 1987 (12 U.S.C. Sec. 1715z-4a) is amended--
(1) in subsection (a)(1)(A), by inserting after ``is'' the following: ``or, at the time of the violations, was''; and
(2) in subsection (a)(1)(C), by inserting after ``held'' the following: ``or, at the time of the violations, was insured or held''.
Mr. BOND. I understand there is a previous order and a vote will occur at 5:30. Has that agreement been reached?
The PRESIDING OFFICER. No formal agreement has been reached to that effect.
Mr. BOND. We will hope to set that time as soon as we get concurrence from the leadership on both sides.
With that, I will explain briefly what this amendment does. It revises section 421 of the Housing and Community Act of 1987 to clarify HUD's authority to recover any assets or income of a multifamily project where those funds are used in violation of the project's regulatory agreement.
This provision is intended to ensure that HUD and the Federal Government can recover losses from owners of multifamily housing who have intentionally and fraudulently skimmed equity from an FHA-insured project for their own benefit. Without this technical correction, HUD ends up paying the lender the value of a defaulted FHA-insured mortgage that should have been paid off by the owner of a multihousing project out of rent receipts. Too often, the FHA or, more specifically, the pockets of the taxpayers of the United States fund the loss.
In the year 2000, the U.S. District Court for the Eastern District of Missouri issued an unpublished decision in United States v. Crosswinds which effectively holds that the U.S. Government may only bring actions to recover assets used in violation of a regulatory agreement if HUD holds or insures the mortgage covering the multifamily project both at the time of the regulatory agreement violation and at the time that recovery action is filed in district court.
As a practical matter, HUD often disposes of a property or a mortgage long after it has an opportunity to act on an owner's misuse of property assets by equity skimming. This makes the current statute essentially a nullity, with a practical consequence that HUD is unable to pursue a recovery of assets no matter how abusive an owner has been.
That was never the intent of the statute. With this amendment we are revising the section in accordance with the original intent of the legislation. Without this authority, HUD and the Department of Justice have limited or no ability to recover assets from owners who have intentionally defrauded the Government by pocketing funds that are derived from rents paid by tenants and intended to be used to pay the outstanding obligation on an FHA-insured mortgage.
I will wait for a leadership agreement and at that time I will ask for the yeas and nays on this amendment. For the information of our colleagues, we were initially advised that timeframe would be 5:30, so that is the timeframe we are working out, but we are still waiting to hear from the leadership.
I yield the floor.
The PRESIDING OFFICER. The Senator from North Dakota.
Mr. DORGAN. I am told that Senator Murray, the ranking member of this appropriations subcommittee, is delayed but apparently has landed and is on her way to the Senate. It would be, I am sure, her intention to offer an opening statement.
Mr. BOND. We reserved time.
Mr. DORGAN. If it is all right with the chairman of the subcommittee to speak in morning business for 10 minutes, with the understanding if Senator Murray arrives during that time I will be happy to relinquish the floor.
Mr. BOND. No objection.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The remarks of Mr. Dorgan are printed in today's Record under
``Morning Business.'')
Mr. DORGAN. Mr. President, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BOND. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BOND. Mr. President, what my colleague from North Dakota has just talked about is one of the mind-boggling events that has all of us not only stumped but outraged. I believe it is long past due that we get tight control over how the money is being spent.
As we talk about the need to offset moneys going to the disaster, the first place we ought to look is money that might otherwise be wasted. So I believe that while there is going to be a significant Federal investment, it needs to be refined, targeted, and managed effectively so we will not see examples of this, the rental of cruise ships and other items that make no sense.
Now, Mr. President, I believe this request has been cleared by both sides. I ask unanimous consent that at 5:30 today, the Senate proceed to a vote in relation to the pending Bond amendment No. 2061, with no second degrees in order to the amendment prior to the vote.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. BOND. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Mr. BOND. Mr. President, I thank the Chair.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. KYL. Mr. President, I ask the Chair, do I need to ask unanimous consent to set aside the pending business to offer an amendment, or may I simply offer an amendment at this time?
The PRESIDING OFFICER. The pending amendment must be laid aside.
Mr. KYL. Mr. President, I ask unanimous consent that be done so I can offer an amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 2062
Mr. KYL. Mr. President, I send an amendment to the desk and ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Arizona [Mr. Kyl], for himself, Mr. Santorum, and Mr. Cornyn, proposes an amendment numbered 2062.
Mr. KYL. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To provide that Members of Congress shall not receive a cost of living adjustment in pay during fiscal year 2006)
At the appropriate place, insert the following:
SEC. __. NO COST OF LIVING ADJUSTMENT FOR MEMBERS OF
CONGRESS.
Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of living adjustments for Members of Congress) during fiscal year 2006.
Mr. KYL. Mr. President, I will simply describe the amendment's content.
What this amendment does is provide that for this coming year--the fiscal year which began this October--the annual COLA for Members of Congress not go into effect. That pay increase, in effect, is estimated to be at about 1.9 percent for Members of Congress, and it actually takes effect in January or February. The amendment is projected to save about $2 million for the Federal Treasury.
Mr. President, as you know, some years the COLA has gone into effect and other years Congress has not had the COLA go into effect for Members of Congress. The reason for not having it go into effect this year, frankly, is symbolic. We know we are going to be spending a lot of taxpayer dollars to help rebuild the gulf coast area following the hurricane and the related events to that. We also know that unless we find ways to offset that spending, we are going to go further into debt, that our deficit for this year will increase. So the leaders of both the House and the Senate have asked the various committees to find ways to reduce spending in other areas so we can offset some of the expense of this reconstruction with that reduced spending.
It seemed to me and others--and I will ask unanimous consent in a moment to have some others added as original cosponsors--one way we might encourage others to come forth with potential savings is to demonstrate we ourselves are willing to forgo this COLA, this cost-of-
living increase, for this coming year. As I said, while it is not a lot of money in the overall Federal budget, for each Member of the Senate, obviously, it represents an increase in salary that I am sure would be appreciated by all of our families. Nonetheless, it is a contribution we can make to these rebuilding efforts. I hope my colleagues will agree with me this would be an appropriate thing to do.
Mr. President, I ask unanimous consent that Senators Santorum and Cornyn be added as original cosponsors of the amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. KYL. Mr. President, just one other point. The 2006 budget resolution instructions require savings of $34.7 billion. The House is expected to modify that resolution to increase the amount of savings to at least $50 billion for the expenditures I talked about earlier.
We have approved already about $71 billion, approximately $20 billion of which has already been spent, as I am informed, for the Katrina-
related relief spending. That is why it seems to me it would be useful to demonstrate our commitment to offsetting part of this spending so that the budget deficit for this year and eventually the debt of the United States would not be unduly increased as a result of our desire to rebuild part of the gulf coast following the hurricane.
I hope at the appropriate time my colleagues will agree with me that this is a gesture the Members of the Senate ought to make and that we can make and that it will help us in the overall goal we have of trying to watch taxpayer dollars as much as we can and ensure we do not spend unnecessarily, notwithstanding our commitment to try to rebuild after that tragedy in the gulf coast.
Mr. President, if there is no one else to speak, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BAUCUS. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Burr). Without objection, it is so ordered.
(The remarks of Mr. Baucus are printed in today's Record under
``Morning Business.'')
The PRESIDING OFFICER. The Senator from Washington.
Mrs. MURRAY. Mr. President, I am very pleased that the Senate is now considering the Transportation-Treasury bill, formally known as H.R. 3058. It is the appropriations bill for the Departments of Transportation, Treasury, the Judiciary, Housing and Urban Development, and related agencies for fiscal year 2006.
This bill covers areas such as infrastructure, public housing, and the judiciary that are critical to millions of American families and to keeping our economy strong. For our country to reach its full potential, we need to invest in the priorities that are in this bill. Today, many people do not feel very secure about the future. They feel as though they are one slip away from losing their job, or they are worried about the fact that they will not be able to retire or to pay for a trip to the doctor if their child gets sick.
To make America strong again, we need to invest at home. We need to invest in our communities, in our schools, in our people, and in our infrastructure. That is what the bill now before us does.
In the last few months, we have seen how important it is to have a strong and reliable infrastructure. Tonight I want to offer my colleagues an overview of what this bill funds and some of the most important investments, but first I want to note that several things have changed since last year.
As my colleagues know, our Senate subcommittee has changed significantly. Last year, three separate appropriations subcommittees were responsible for funding the agencies that are now in this bill. Even so, the Senate did not have the opportunity to debate and amend any of the appropriations bills that funded these agencies. Since then, the Appropriations Committee has been restructured. As a result, this bill was crafted by one new and very much larger committee. We now have 19 members. Only the Defense Subcommittee is as large.
Fortunately for all of us, we have Senator Bond as our very able chairman. Senator Bond has demonstrated his skill and fair-mindedness time and again during his leadership of the former VA Subcommittee. This year, he continues to demonstrate his leadership, and the proof is in this bill. It was reported unanimously by both the subcommittee and the full Appropriations Committee back in July.
In addition to the changes we witnessed in the last year, we have seen dramatic changes in the 12 weeks since we marked up this bill. First and foremost has been the devastation of Hurricanes Katrina and Rita. More than 1 million people were forced to evacuate the region, including low-income citizens who remain eligible for housing assistance from HUD. Today, because of the devastation, even more people are eligible for Federal housing assistance.
Other Federal agencies that are funded in this bill have responded to the hurricanes. In the Department of Transportation, the Maritime Administration has deployed ships from the Ready Reserve fleet to the gulf to assist in recovery efforts. DOT personnel have also been involved in the effort to obtain trucks and buses to move personnel and equipment. Amtrak assisted in the evacuation of storm victims from both New Orleans and Houston. The hurricanes showed us that we need workable plans to evacuate large numbers of low-income residents who depend on public transit. I truly hope the Department of Transportation and FEMA are hard at work on those plans.
In the judiciary, Hurricane Katrina has required the emergency relocation of 36 Federal judges and more than 400 staff. The New Orleans office of the Fifth Circuit Court of Appeals has been abandoned, as have the Federal District and Bankruptcy Courts for Eastern Louisiana and Southern Mississippi.
Another change since we marked up this bill in July concerns energy prices. Back in late July, the average price per gallon of regular gasoline was $2.27. Today it is more than 25 percent higher. Gas costs more than $3 a gallon in many parts of our country. High gas prices are hurting our families, our businesses, and our communities. This price spike is already causing revenues to our Federal and State transportation trust funds to diminish. That could have a serious impact on the ability of our States to finance their highest priority road projects.
The recent spike in fuel prices has also further undermined the financial condition of the Nation's airlines. Since we first marked up this bill, another two major U.S. carriers and one regional carrier have entered bankruptcy. That threatens the long-term availability of air service to the communities across the country and to tens of thousands of jobs.
Also, since we first marked up this appropriations bill, we passed the authorization bill and made significant progress on Amtrak reform. First, just prior to the August recess, thanks again to the very able work of Chairman Bond, the Congress passed the conference report on the surface transportation bill, now known as SAFETEA-LU. This law will now guide the direction of our Federal highway, transit, and highway safety programs for the next 5 years.
Secondly, following the markup of this bill, the Senate Commerce Committee reported a comprehensive Amtrak reform bill. That bill has yet to come before the Senate, but it is important legislation that must inform this subcommittee's deliberations going forward.
So as I said earlier, we have seen some dramatic and in some cases tragic changes since the Appropriations Committee first reported this bill. But even with those changes, this bill deserves the strong bipartisan support of the Senate.
This bill totals more than $141.4 billion. That is more than $11.6 billion over the President's request. I think the best feature of this bill is that it rejects many of the painful and unwise cuts that were proposed in the President's budget. Whether it is funding to continue rail service in the country or building new runways to relieve congestion at our airports, to construct new housing for low-income seniors and for our disabled; whether it is to invest in community development or provide needed assistance to taxpayers or aggressively enforce our drug laws, this bill rejects the President's painful cuts. Instead, our bill invests the funds to make our world safer and advance the needs of our infrastructure and our people.
I thank Chairman Cochran and Senator Byrd for providing our subcommittee with the necessary allocation so we could make these critical investments. Chairman Bond also deserves a great deal of credit for ensuring that even with so many new programs now under our jurisdiction, every program was thoroughly reviewed and considered.
I thank Chairman Bond for treating me as a full partner in this endeavor. His door has always been open to me. While we do not see eye to eye on every funding level and every provision in the bill, I think the bill we are considering is truly an effort at bipartisan consensus, and I thank the chairman for that.
I would like to review some of the priorities in this bill, starting with aviation. This bill rejects the administration's proposal to slash funding for our Nation's airports. It also preserves funding for the essential Air Service Program so that rural communities across the country will continue to receive air service.
I am also pleased that the bill attempts to boost hiring of our air safety inspectors at the FAA. Last year this committee fully funded the President's request for safety inspectors. What happened? The FAA downsized that office by more than 300 people. With the Nation's airlines in turmoil and all the airlines seeking to cut costs, this is not the time to cut our safety inspector workforce as I described in detail on the Senate floor just a few weeks ago.
For Amtrak, our bill includes $1.45 billion. That is a 20-percent increase over the current year. Now, the DOT inspector general testified that Amtrak would require between $1.4 billion and $1.5 billion next year to maintain all of its current routes and services. This funding recommendation falls right in the middle of that range. This bill also recommends some reforms for Amtrak in the interest of helping Amtrak cut costs. The President's budget asks that we throw Amtrak into bankruptcy and leave 22 million Americans stranded on the platform. This bill categorically rejects that approach and preserves all current rail routes so a meaningful debate on reform can continue without the threat of a crisis.
Funding for the judiciary is up 6.6 percent. That is slightly higher than the level that was passed by the House of Representatives, and I am confident that this funding level will enable the judiciary to continue its important work without the threat of staff layoffs.
Within the Department of Housing and Urban Development, the President proposed to move the Community Development Block Grant Program over to the Department of Commerce and cut its funding by more than a third. I am very pleased to say that we will continue to fund CDBG in this bill, and we limited the funding cut to just 8 percent.
Some of the more damaging cuts in the President's HUD budget include cuts to new construction for housing for the disabled and cuts to funding for housing funds for AIDS patients, and those have been rejected.
Within the Executive Office of the President, the White House proposed to cut funding for the drug law enforcement activities of the high intensity drug tracking areas by more than 50 percent. Our bill, however, rejects that cut entirely and fully funds the HIDTA Program.
Turning to Federal workers, this bill provides a 3.1-percent pay raise for all Federal employees. It is an identical adjustment for military and civilian workers.
I am also very pleased that Chairman Bond and Senator Mikulski reached a compromise on competitive sourcing. It will provide a level playing field when it comes to efforts by the Federal Government to contract out Federal jobs.
As I have outlined, this bill makes some critical investments in our transportation infrastructure, in our ability to house the poor and administer justice, and the pressing needs, of course, of our highways and airways and transit systems. I urge my colleagues to support this bipartisan bill so we can strengthen our local communities and our entire country.
I will repeat the words of my chairman, Senator Bond, and encourage my colleagues to bring their amendments to the Senate floor. The sooner we start these amendments, the sooner we can review them and perhaps get them adopted. One thing I do know is, as of right now, there is still hope that the St. Louis Cardinals are going to reverse course and win the National League Championship Series. I cannot guarantee to any of my colleagues that Chairman Bond is going to greet their amendments warmly, but I know he will greet them less warmly if the Cardinals are eliminated this evening, so I suggest to all my colleagues they bring their amendments to the floor as soon as possible so they can be considered and we can move forward on this bill.
I yield the floor.
Mr. BOND. Mr. President, I thank my distinguished colleague and good partner very much for her kind words.
Surely this bill was an interesting and challenging bill because it brought so many new agencies together. The Senator from Washington has had much greater experience in the Transportation appropriations area. Her input in that area and all the other areas was invaluable. I share her views that this is a good bill. As I stated earlier, I hope we will come forward with amendments as soon as possible.
I know the Senator probably watched, as I did, the Seahawks' magnificent victory yesterday--truly awesome. As far as the Cardinals, Chris Carpenter pitches tonight and there is hope. So there is still a smile on my face. We are both in a good mood. If you wish to have amendments favorably reviewed, please come, bring them down. Even if my Cardinals continue to win, as it gets later in the week we will be getting short of time and short of patience. So we will very much appreciate having those amendments now.
For the information of all my colleagues we hope are watching, there will be a vote at 5:30. This is a vote that is on a technical change in the underlying legislation to allow the Federal Government to recapture funds from a multifamily housing project owner who skims rent off the project and leaves the project in default to be paid for out of FHA funds, out of public funds, and thus pockets the rents.
This is a situation that was certainly not foreseen. It is a very undesirable situation where, in effect, the money from the taxpayer is going indirectly into the pockets of an owner of a project who has taken rent money instead of applying it to the mortgage.
There is a vote at 5:30. We hope Members will come forward with their amendments. I hope we can wrap up these amendments by Wednesday night to get ready for the World Series, for whosoever happens to be in it at the time. I still have my hopes.
I see no other Member seeking the floor and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mrs. MURRAY. I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. MURRAY. Mr. President, the Senate is going to vote in a couple of minutes on an amendment Senator Bond and I offered that addresses fraud and abuse at HUD properties. These are technical changes that are needed to provide the HUD Office of Inspector General the tools they need to continue this effort.
The amendment clarifies that the Government can recover double damages from project owners, heirs, officers, and management companies that have violated their project agreements with HUD. These damages will apply even if the violators no longer have a mortgage or are doing business with HUD. The provision allows violations to basically be considered as a false claim. Large damage awards are a proven deterrent in minimizing fraud and abuse in these programs.
There is a backlog of enforcement actions awaiting this change, including nursing homes that have been skimming equity from properties that are covered with HUD insurance. We have to put a stop to these abuses. I encourage all colleagues, when this vote occurs in a few minutes, to support this amendment.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BOND. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BOND. Mr. President, as my colleague and comanager of the bill, the Senator from Washington, has just stated, we are preparing to vote on an amendment that is a technical correction to the Housing and Community Act of 1987 to make sure that HUD has the authority to recover any assets or income for a multifamily project where the funds are used in violation of the project's regulatory agreement. It is necessary to ensure that HUD and the Federal Government can recover losses from owners of multifamily housing who have intentionally and fraudulently skimmed equity from an FHA-insured project for their own benefit. Without this technical correction, HUD, FHA, ends up paying the lender the value of a defaulted FHA-insured mortgage that should have been paid off by the owner of the multifamily housing out of rent receipts. I hope my colleagues will look at it and see this is nothing but common sense and adopt it.
At the same time, I reiterate for those who may be listening, we want to move forward on this bill as quickly as possible. We hope people who have amendments will come forward. We are looking for an agreement to take up the DC appropriations bill which has to be added to this to go to conference. It will be a separate conference, but since the House has DC in with the HUD bill, they will have to be considered at once. We ask that everybody bring forth those amendments and be prepared for a filing deadline tomorrow.
Mr. President, I see the time for the vote on the amendment has arrived, and I suggest we proceed to that vote.
The PRESIDING OFFICER. Under the previous order, the hour of 5:30 having arrived, the question is on agreeing to Bond amendment No. 2061. The yeas and nays have been ordered. The clerk will call the roll.
The legislative clerk called the roll.
Mr. McCONNELL. The following Senators were necessarily absent: the Senator from South Carolina (Mr. DeMint), the Senator from Arizona (Mr. McCain), and the Senator from Louisiana (Mr. Vitter).
Further, if present and voting, the Senator from South Carolina (Mr. DeMint) would have voted ``yea.''
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden), the Senator from New Jersey (Mr. Corzine), the Senator from Iowa (Mr. Harkin), and the Senator from New Jersey (Mr. Lautenberg) are necessarily absent.
The PRESIDING OFFICER (Mr. Cornyn). Are there any other Senators in the Chamber desiring to vote?
The result was announced--yeas 93, nays 0, as follows:
YEAS--93
AkakaAlexanderAllardAllenBaucusBayhBennettBingamanBondBoxerBrownbackBunningBurnsBurrByrdCantwellCarperChafeeChamblissClintonCoburnCochranColemanCollinsConradCornynCraigCrapoDaytonDeWineDoddDoleDomeniciDorganDurbinEnsignEnziFeingoldFeinsteinFristGrahamGrassleyGreggHagelHatchHutchisonInhofeInouyeIsaksonJeffordsJohnsonKennedyKerryKohlKylLandrieuLeahyLevinLiebermanLincolnLottLugarMartinezMcConnellMikulskiMurkowskiMurrayNelson (FL)Nelson (NE)ObamaPryorReedReidRobertsRockefellerSalazarSantorumSarbanesSchumerSessionsShelbySmithSnoweSpecterStabenowStevensSununuTalentThomasThuneVoinovichWarnerWyden
NOT VOTING--7
BidenCorzineDeMintHarkinLautenbergMcCainVitter
The amendment (No. 2061) was agreed to.
Mr. BOND. I move to reconsider the vote.
Mrs. MURRAY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. BOND. Mr. President, we are negotiating to get an agreement on procedure for tomorrow. We are very close. We want to line up the DC bill and then set a vote.
I suggest the absence of a quorum.
Mr. KENNEDY. Mr. President, will the Senator be good enough to withhold that request? I ask unanimous consent that I be recognized after we come out of the quorum call.
Mr. BOND. Mr. President, I wish to keep this quorum call going, and then, after I propound the unanimous consent request, obviously the Senate can proceed in the normal fashion. This should be just a minute. I ask the Senator's indulgence.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BOND. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BOND. Mr. President, after conferring with my colleagues on the other side of the aisle, I ask unanimous consent that at 11 a.m. tomorrow, Senator Brownback be recognized in order to offer an amendment which relates to the appropriations for the District of Columbia; provided further that there then be 40 minutes equally divided between Senators Brownback and Landrieu; further, that following that debate, the amendment be agreed to with no second degrees in order to the amendment; provided that at 12:10, the Senate proceed to a vote in relation to the Kyl amendment No. 2062, with no second degrees in order to that amendment prior to the vote.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Amendment No. 2063
Mr. KENNEDY. I send an amendment to the desk and ask that the pending amendment be set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Massachusetts [Mr. Kennedy], for himself, Mr. Harkin, Mrs. Boxer, Mr. Feingold, Ms. Stabenow, and Mr. Dayton, proposes an amendment numbered 2063.
Mr. KENNEDY. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To provide for an increase in the Federal minimum wage)
At the appropriate place, insert the following:
SEC. __. MINIMUM WAGE.
(a) Increase in the Minimum Wage.--
(1) In general.--Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows:
``(1) except as otherwise provided in this section, not less than--
``(A) $5.85 an hour, beginning on the 60th day after the date of enactment of the Fair Minimum Wage Act of 2005;
``(B) $6.55 an hour, beginning 12 months after that 60th day; and
``(C) $7.25 an hour, beginning 24 months after that 60th day;''.
(2) Effective date.--The amendment made by paragraph (1) shall take effect 60 days after the date of enactment of this Act.
(b) Applicability of Minimum Wage to the Commonwealth of the Northern Mariana Islands.--
(1) In general.--Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) shall apply to the Commonwealth of the Northern Mariana Islands.
(2) Transition.--Notwithstanding paragraph (1), the minimum wage applicable to the Commonwealth of the Northern Mariana Islands under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) shall be--
(A) $3.55 an hour, beginning on the 60th day after the date of enactment of this Act; and
(B) increased by $0.50 an hour (or such lesser amount as may be necessary to equal the minimum wage under section 6(a)(1) of such Act), beginning 6 months after the date of enactment of this Act and every 6 months thereafter until the minimum wage applicable to the Commonwealth of the Northern Mariana Islands under this subsection is equal to the minimum wage set forth in such section.
Mr. KENNEDY. Mr. President, I look forward to the opportunity to discuss this amendment and to the opportunity for the Senate to be able to express itself on the issue of increasing the minimum wage for the working families of this country. It has not been increased now for some 9 years. We have not increased the minimum wage for some 9 years. There will be those who will ask: Why are we thinking about increasing the minimum wage on this legislation? We have tried to get stand-alone legislation so that it could be considered. We have been unable to do that. We have been unable to get another vote on an increase in the minimum wage over these period of years.
In this particular appropriations bill, there is another amendment dealing with the increase in salaries for Members of the Senate. This will be the seventh increase we have had in 9 years, but we have not had an increase in the minimum wage over that same period of time. It does seem to me that there is a certain amount of equity, a certain amount of justice, a certain amount of fairness when we are talking about an increase in the salaries or the cost of living for Members of the Senate. We certainly ought to be considerate of the interests of those who have been left behind by the failure of Congress to support the increase in the minimum wage.
Who are the minimum wage workers? The minimum wage workers are men and women of dignity, first of all. These are men and women who work hard, play by the rules, are trying to provide for their families, trying to look out for their children, and trying to look after a parent. We know these are men and women who work in nursing homes and are looking after senior citizens, men and women who have contributed so much to this Nation, who have sacrificed greatly for this Nation by more often than not subverting their own kinds of interests and their own futures to the benefit of their children. Now, during their golden years, they need some help and assistance, and many of those who work and assist the elderly people in nursing homes are men and women who earn a minimum wage.
Who else are they? They are the men and women who clean the great buildings of American commerce every evening, hard working, going around and cleaning out those buildings. They are men and women of dignity. They want to do a decent job, and they do a decent job. They need to have a decent pay.
Many of them are workers working in schools as teachers' assistants, as teachers' aides. These are men and women who are working with seniors, who have made great contributions to our Nation. They are men and women who are working with children who are attempting to get an education. They are working part time or even full time as teachers' assistants.
Primarily, this is an issue involving women because 60 percent of those who would benefit from this legislation are women. More than one third of the women who are receiving the minimum wage have children. So an increase in the minimum wage is a women's issue, and since so many of the women who receive the minimum wage have children, it is a children's issue. It is a women's issue, and it is a children's issue. It is also a civil rights issue because 35 percent of those who would benefit from an increase in the minimum wage are men and women of color.
So it is a children's issue. It is a women's issue. It is a family issue. We hear a great deal in this body about family issues, about family responsibilities, family obligations. These are men and women who are earning the minimum wage and who are trying to provide for their families on that minimum wage. They know they cannot do it. So they have one or two or even three minimum wage jobs. How much time do they have with their children? They are trying to provide for their children but have no time to spend with them.
I will give real stories of what families are going through, the sacrifices they have made, the lost opportunities, the conversations they were not able to have with their children, the missed birthdays that come and go, the Christmases that come and go and they do not have that gift for that child or they do not have those pairs of skates so the children can join other children.
The fact is that hard-working men and women in this country have not gotten a raise in 9 years, and yet we in the Senate are adjusting our salaries to inflation effectively for the seventh time in the ninth year. So we have a women's issue, a children's issue, a family issue, a civil rights issue, and most of all it is a fairness issue.
Americans understand fairness. Americans understand that if a person works 40 hours a week for 52 weeks of the year, they should not have to live in poverty, and these men and women are living in poverty. All we are trying to do is what we have done many times in the past.
This has not been a partisan issue. It has only been in recent years that it has been a partisan issue. If we look at this chart, we will see that over the period of the years when there was the first minimum wage, going back to 1938, it was 25 cents. There was President Roosevelt, then Harry Truman, and Dwight Eisenhower increased the minimum wage. Democrats and Republicans. President Kennedy increased the minimum wage. So did President Johnson increase the minimum wage. Then President Eisenhower, President Ford, then President Carter, then Bush 1, President Bush, increased the minimum wage, and then President Clinton. So Republicans as well as Democrats have fought for an increase in the minimum wage, although over the period of these last years, that has not been the case. Every time we have tried for an increase in the minimum wage, we have been opposed by a Republican administration and by the Republican leadership in the House and the Senate. That is not fair. It is time we altered and changed that.
It is appropriate that we take a moment or two to look at what has been happening in our country: Americans struggling to survive in this economy, in what we call the Bush economy. Too many Americans are living in poverty. We have 1 in every 10 families living in poverty. One out of every five children in the United States now, one out of every five Hispanic Americans, one out of every four African Americans, is now living in poverty in the United States. If we look at the overall figures from years 2000 to 2004, 5.4 million more Americans are living in poverty today than were living in poverty in the year 2000. An increase in the minimum wage is not going to solve all of these problems, but it is going to help 15 to 16 million Americans become better off in regard to their economic condition to some extent.
Let us take a look at what has happened to the minimum wage over the period of recent years. This is the 2004 Federal poverty line. This red line indicates the minimum wage. Going back to the early 1960s, we saw that the minimum wage even exceeded the poverty wage. This is constant purchasing dollars. This is in constant real dollars. We saw an increase even above the poverty line. Then it bounced around just around the poverty line, and then we have seen now what has happened in recent times where the real minimum wage has fallen so far from the poverty line. Most Americans believe if one is going to work and work hard, they should not have to live in poverty, but this is what is happening in the United States over the period of the recent years. The total number of individuals who have fallen into poverty has increased significantly because of the failure of Congress to deal with any kind of increase in the minimum wage.
The amendment I have offered is a three-phase increase. It provides for an increase of 70 cents 60 days after it is signed, 70 cents a year after, and 70 cents a year after, from $5.15 to $7.25. It will put the minimum wage up to this level, which it will still be well below what it was in the 1960s through the 1970s and even up to the 1980s. It will certainly not recover all of its purchasing power, but it will make a very serious and important difference to millions of Americans.
For anybody who is viewing this discussion this evening, this chart is self-evident. What has been happening is an increased pressure on families' pocketbooks, which has virtually soared since the year 2001. We find gasoline has increased some 71 percent; health insurance up 59 percent; housing up 44 percent; college tuition up 35 percent. These are basics.
If they can afford a car to be able to drive, or even participate in a car pool, we see the explosion in gasoline prices in spite of an Energy bill we passed here which did virtually nothing on this issue.
We continue to see the escalation of health care costs, housing has gone up, and college tuition. All this has gone up. What has not gone up is the minimum wage.
This chart shows what an average family is up against. The average costs for a family for health insurance premiums per year now is up to
$10,880. If you look at the salary of a full-time, minimum-wage worker, it is $10,700. You wonder how in the world can they even afford one coverage, which is so important to families, which is to be able to provide health coverage. Of course they cannot afford it, and so they do without it. In some States, they get some protection from some of the safety net programs, but we have seen the increasing pressure on those safety net programs in recent years.
What would $4,400 mean, which is what it would be when the minimum wage is fully implemented? What would that mean? We have been encouraged by the living wage campaigns that have taken place in communities all over this country. They have taken place in Boston. They have taken place in Cambridge, MA, and other communities in my State. They have taken place in Baltimore and in many other cities--in Los Angeles. And they have made a real difference. It has made a real difference in the quality of life for people. In many of those instances when they go to a living wage, they go up to $12 or $14 an hour. We are only increasing this to $7.25. So we are going to be well behind the living wage that has been accepted overwhelmingly.
We know when it has been on the ballot in the States of Nevada and Florida, it has been passed overwhelmingly by the people in those States. People have overwhelmingly, when they have addressed this in all parts of the country, supported an increase. The only people who have not supported it have been the Republican leadership. We are going to give them an opportunity to address this issue on this legislation.
This is what it provides. The $4,400 increase means almost 2 years of child care, full tuition for a community college, a year and a half of heat and electricity--maybe not after this winter, when we are finding out in my part of the country on the natural gas bill they expect to have an increase of some 70 percent in the cost of heating oil and natural gas, but we know it would make an important difference in those terms--and more than a year of groceries or more than 9 months of rent.
Does this sound very excessive to those who believe we are already doing what we should for some of the most hard-working Americans?
This chart is enormously important. Although it doesn't reflect the human dimension of what families are faced with or what a difference in the minimum wage will mean, what it does do is show what has happened in relation to increased productivity. What does that mean? It means the production levels workers have been able to achieve. What we have seen over a period of years--this chart goes back to the 1960s. If you look at the minimum wage even prior to that time, an increase in the minimum wage has always reflected an increase in productivity. It makes sense. That is the best way to answer people who say this is going to be inflationary. It is not when you are increasing productivity.
This is what had happened. We had always seen the minimum wage had been kept slightly higher than productivity in the 1960s and going into the 1970s. Now what we see is productivity is up 155 percent over 45 years ago. What we have seen is the decline of the minimum wage. This includes the increase in the minimum wage that we had during the 1990s. We see the extraordinary decline. We have not seen the minimum wage go up to reflect the increase in productivity. We have seen the minimum wage go down, in spite of the increase in productivity.
We have workers working longer, working harder, being more productive. They are working longer hours. They are working many more months of the year than any other worker in the world--American workers. American workers are. We will have a chance to show that tomorrow, the comparison between American workers and other workers. We have American workers working longer, working harder, being more productive, and you would think the increase in the minimum wage would reflect it, right? Wrong. We do not see that increase reflected.
This chart shows again, all of these indicators, that the purchasing power of the minimum wage has collapsed over the last 50 years. The minimum wage now is the lowest in over 50 years compared to average wages. For years the minimum wage was reflective of what the average wage was. They tried to keep it about 56 to 60 percent, that was the desire for years for the minimum wage. But look what has happened. This is another indicator. The minimum wage is now 32 percent of the average wages for American workers. Look at the decline.
We are talking about a segment of our society. We are talking about a segment of Americans. It is all reflected in this--when we had the Hurricane Katrina, when we saw so many millions of Americans who had been left behind in opportunity, and they are getting short shrift in their wages. These are millions of Americans who are left behind, and that is reflected by the fact that the number of Americans living in poverty has increased.
We have some indication of what has happened as the minimum wage remained stagnant over this period of time. We see Members of Congress have had an increase in salary of $31,600. People will have to answer to that, whether they are going to vote themselves a pay increase and vote down an increase in the minimum wage. That will be the issue that will be before the Members. That is why this particular measure is of so much importance.
We will have a chance to go through this in greater detail. This issue is most of all about fairness for American workers. We know there will be about 7\1/2\ million Americans who will be affected by the increase in the minimum wage. The ripple effect on the wages of others of low income is expected to effectively double that. We are talking about impacting more than 15 million Americans--some obviously more than others. But we are talking about whether we are going to be one country with one history and one destiny and whether this institution is going to increase the minimum wage and try to begin to catch up for so many we have left behind.
We will take the opportunity tomorrow. Some will come out and refute this with the old arguments that this will be bad for the economy. This will be bad for the economy because it will have a inflationary effect on the economy. Let me show what this is, in terms of the economy. All Americans combined earn $5.4 trillion a year. This is all Americans. Increasing the minimum wage to $7.25 is vital to workers but a drop in the bucket in the national payroll. All Americans combined earn $5.4 trillion. An increase to $7.25 would be less than one-fifth of 1 percent of the national payroll, one-fifth of 1 percent. I hope our friends on the other side who say this is going to be an inflator, we are suffering difficult economic times now--all of which are true--will let me point out that this is one-fifth of 1 percent of national payroll. They will say that this is going to be an inflator? This doesn't hold.
We have seen in Great Britain they have increased their minimum wage to $8.85 3 weeks ago. They increased it to $8.85, and they have provisionally accepted a plan to go up to $9.37 next year. If you asked the Chancellor of the Exchequer about the adverse impact in terms of the British economy, he said: It has been good for the economy. It has been healthy for the economy. We have moved a million children out of poverty. We have moved families out of poverty. People are spending and investing and it has strengthened our economy.
We will have an opportunity to go through the traditional arguments: We can't afford this because it is an inflator. I hope our friends on the other side will be able to respond to that. They will also say this is going to mean job losses. We have gone through that time in and time out. We will have the charts to show at the times that we have increased the minimum wage it has actually meant increasing employment. That certainly has been true in more recent times that we have done it, and we have the charts to reflect that.
Then we will hear this is a decent idea but it only goes to--we should just have a training wage. We should not. We have already had that kind of debate and discussion.
Those are all arguments we are going to hear from the other side. Basically, they are rooted in the concept they do not believe that men and women who work hard, men and women of dignity, that they are entitled even to a fair day's pay.
We are not, even with the increase of the minimum wage, able to reach the poverty line for these millions of Americans. It does seem to me with all the things we have seen in this country in the most recent times, when we peeled back the veil of the American society, as had been done in Katrina and Rita, and we saw who was out there and who was adversely impacted, Americans said, Oh, my goodness, why have so many people been left out? Why have so many people been left behind?
This increase in the minimum wage is not going to solve all of their problems. It will not. But it will make an important difference to more than 15 million Americans who are hard working, trying to make ends meet, playing by the rules, looking out after their families. They certainly deserve this increase, particularly if we intend to increase the salaries for Members of the Senate.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. FRIST. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Chambliss). Without objection, it is so ordered.
(At the request of Mr. Reid, the following statement was ordered to be printed in the Record.)
Mr. HARKIN. Mr. President, I would like the record to show that I was necessarily absent during today's vote due to a funeral which I attended in my home State of Iowa. Had I been present, I would have voted ``yea'' on the amendment.
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