[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3058 Enrolled Bill (ENR)]
H.R.3058
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
Making appropriations for the Departments of Transportation, Treasury,
and Housing and Urban Development, the Judiciary, District of Columbia,
and independent agencies for the fiscal year ending September 30, 2006,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
THE JUDICIARY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2006
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of
Transportation, Treasury, Housing and Urban Development, the Judiciary,
and independent agencies for the fiscal year ending September 30, 2006,
and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Salaries and Expenses
For necessary expenses of the Office of the Secretary, $84,900,000,
of which not to exceed $2,198,000 shall be available for the immediate
Office of the Secretary; not to exceed $698,000 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $15,183,000
shall be available for the Office of the General Counsel; not to exceed
$11,650,000 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $8,485,000 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $2,293,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $22,031,000 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $1,910,000 shall be available for the Office of Public
Affairs; not to exceed $1,442,000 shall be available for the Office of
the Executive Secretariat; not to exceed $697,000 shall be available
for the Board of Contract Appeals; not to exceed $1,265,000 shall be
available for the Office of Small and Disadvantaged Business
Utilization; not to exceed $2,033,000 for the Office of Intelligence
and Security; not to exceed $11,895,000 shall be available for the
Office of the Chief Information Officer; and not to exceed $3,120,000
shall be available for the Office of Emergency 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 provided in this Act shall be available
for the position of Assistant Secretary for Public Affairs.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $8,550,000.
Transportation Planning, Research, and Development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $15,000,000.
Working Capital Fund
Necessary expenses for operating costs and capital outlays of the
Working Capital Fund, not to exceed $118,014,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the Department shall be transferred to the Working
Capital Fund without the approval of the agency modal administrator:
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)
(including transfer of funds)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $60,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That, in
determining between or among carriers competing to provide service to a
community, the Secretary may consider the relative subsidy requirements
of the carriers: Provided further, That, if the funds under this
heading are insufficient to meet the costs of the essential air service
program in the current fiscal year, the Secretary shall transfer such
sums as may be necessary to carry out the essential air service program
from any available amounts appropriated to or directly administered by
the Office of the Secretary for such fiscal year.
New Headquarters Building
For necessary expenses of the Department of Transportation's new
headquarters building and related services, $50,000,000, to remain
available until expended.
Federal Aviation Administration
Operations
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, lease or purchase of passenger motor vehicles for replacement
only, in addition to amounts made available by Public Law 108-176,
$8,036,000,000, of which $5,541,000,000 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $6,629,000,000
shall be available for air traffic organization activities; not to
exceed $958,542,000 shall be available for aviation regulation and
certification activities; not to exceed $11,759,000 shall be available
for commercial space transportation activities; not to exceed
$50,983,000 shall be available for financial services activities; not
to exceed $69,943,000 shall be available for human resources program
activities; not to exceed $150,744,000 shall be available for region
and center operations and regional coordination activities; not to
exceed $142,000,000 shall be available for staff offices; and not to
exceed $36,112,000 shall be available for information services:
Provided, That not to exceed 2 percent 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, $2,540,000,000, of which
$2,110,789,500 shall remain available until September 30, 2008, and of
which $429,210,500 shall remain available until September 30, 2006:
Provided, That there may be credited to this appropriation funds
received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment and modernization of air navigation facilities: Provided
further, That upon initial submission to the Congress of the fiscal
year 2007 President's budget, the Secretary of Transportation shall
transmit to the Congress a comprehensive capital investment plan for
the Federal Aviation Administration which includes funding for each
budget line item for fiscal years 2007 through 2011, with total funding
for each year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and Budget.
Research, Engineering, and Development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $138,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2008: Provided, That
there may be credited to this appropriation funds received from States,
counties, municipalities, other public authorities, and private
sources, for expenses incurred for research, engineering, and
development.
Grants-in-Aid for Airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,399,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,550,000,000 in fiscal year 2006, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not more than
$71,096,000 shall be obligated for administration, not less than
$10,000,000 shall be available for the airport cooperative research
program, and not less than $10,000,000 shall be available to carry out
the Small Community Air Service Development Program, to remain
available until expended: Provided further, That not later than
December 31, 2015, the owner or operator of an airport certificated
under 49 U.S.C. 44706 shall improve the airport's runway safety areas
to comply with the Federal Aviation Administration design standards
required by 14 CFR part 139: Provided further, That the Federal
Aviation Administration shall report annually to the Congress on the
agency's progress toward improving the runway safety areas at 49 U.S.C.
44706 airports.
Grants-in-Aid for Airports
(airport and airway trust fund)
(rescission of contract authorization)
Of the amounts authorized for the fiscal year ending September 30,
2006 and prior years under sections 48103 and 48112 of title 49, United
States Code, $1,032,000,000 are rescinded.
Administrative Provisions--Federal Aviation Administration

96d40076563f05b4081bf2c7bc7bb506829049f3f27a2845ed9359db2b7140bc

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.

44dfbbcc8cf7d3f0bf641a59db21f1a3b8337410327a6ccb43b6d092c5cbba95

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.

e53f02049f0ccb033308c57dad7496bad3da5631ef593993251eb78e3de64755

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.

41c1bb4e0ee87597b1da8460302591c6180eb9ddb73a44622b0fc5abf437a5b9

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.

083ce0277790a961d48582f2274674b4b00c2e57f233c29adb552f80ae6667c3

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.

079a3b139e8e80a05784c866e0835049bc6a567a764b858113fb7cf0da78f92f

be used to change weight restrictions or prior permission rules at
Teterboro Airport in Teterboro, New Jersey.

0d9120a3d9072f3ff6d6f4e92eb4c5c8e431e8c67bbe40a800e0db36c8b9bfce

used for engineering work related to an additional runway at Louis
Armstrong New Orleans International Airport.

ae3b6a8393270205ad23f60f2a0d9ec0587e610e106a417f832417e6ff66ece8

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,''.

e5b4372d1decd1bf89cd5ab4a1e37bfee9e96208fe69bc8996057388e5df49aa

amended by adding the following new paragraph at the end:
``(G) Special rule for fiscal year 2006.--Notwithstanding
subparagraph (A) and the absence of scheduled passenger
aircraft service at an airport, the Secretary may apportion in
fiscal year 2006 to the sponsor of the airport an amount equal
to $500,000, if the Secretary finds that--
``(i) the passenger boardings at the airport were below
10,000 in calendar year 2004;
``(ii) the airport had at least 10,000 passenger
boardings and scheduled passenger aircraft service in
either calendar year 2000 or 2001; and
``(iii) the reason that passenger boardings described
in clause (i) were below 10,000 was the decrease in
passengers following the terrorist attacks of September 11,
2001.''.
Federal Highway Administration
limitation on administrative expenses
Necessary expenses for administration and operation of the Federal
Highway Administration, not to exceed $364,638,000, shall be paid in
accordance with law from appropriations made available by this Act to
the Federal Highway Administration together with advances and
reimbursements received by the Federal Highway Administration.
Federal-Aid Highways
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for which are
in excess of $36,032,343,903 for Federal-aid highways and highway
safety construction programs for fiscal year 2006: Provided, That
within the $36,032,343,903 obligation limitation on Federal-aid
highways and highway safety construction programs, not more than
$429,800,000 shall be available for the implementation or execution of
programs for transportation research (chapter 5 of title 23, United
States Code; sections 111, 5505, and 5506 of title 49, United States
Code; and title 5 of Public Law 109-59) for fiscal year 2006: Provided
further, That this limitation on transportation research programs shall
not apply to any authority previously made available for obligation:
Provided further, That the Secretary may, as authorized by section
605(b) of title 23, United States Code, collect and spend fees to cover
the costs of services of expert firms, including counsel, in the field
of municipal and project finance to assist in the underwriting and
servicing of Federal credit instruments and all or a portion of the
costs to the Federal government of servicing such credit instruments:
Provided further, That such fees are available until expended to pay
for such costs: Provided further, That such amounts are in addition to
administrative expenses that are also available for such purpose, and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
(liquidation of contract authorization)
(highway trust fund)
Notwithstanding any other provision of law, for carrying out the
provisions of title 23, United States Code, that are attributable to
Federal-aid highways, not otherwise provided, including reimbursement
for sums expended pursuant to the provisions of 23 U.S.C. 308,
$36,032,343,903 or so much thereof as may be available in and derived
from the Highway Trust Fund (other than the Mass Transit Account), to
remain available until expended.
(rescission)
(Highway Trust Fund)
Of the unobligated balances of funds apportioned to each State
under chapter 1 of title 23, United States Code, $1,999,999,000 are
rescinded: Provided, That such rescission shall not apply to the funds
distributed in accordance with 23 U.S.C. 130(f), 23 U.S.C. 133(d)(1) as
in effect prior to the date of enactment of Public Law 109-59, the
first sentence of 23 U.S.C. 133(d)(3)(A), 23 U.S.C. 104(b)(5), or 23
U.S.C. 163 as in effect prior to the enactment of Public Law 109-59.
Appalachian Development Highway System
For necessary expenses for the Appalachian Development Highway
System as authorized under section 1069(y) of Public Law 102-240, as
amended, $20,000,000, to remain available until expended.
Administrative Provisions--Federal Highway Administration

6b513c6c1ea4ce07d3b5f5c53af44bf0a9bee1fb93d434fee9f2b9d91ea91290

shall--
(1) not distribute from the obligation limitation for Federal-
aid highways amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
programs funded from the administrative takedown authorized by
section 104(a)(1) of title 23, United States Code (as in effect on
the date before the date of enactment of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users);
the highway use tax evasion program; the Bureau of Transportation
Statistics; the programs, projects, and activities funded from the
takedown authorized by section 112 of this Act; and the unobligated
balances of funds made available for programs, projects, and
activities funded from the takedown authorized by section 117 of
title I of division H of the Consolidated Appropriations Act, 2005
(Public Law 108-447) for which no obligation limitation has
previously been made available;
(2) not distribute an amount from the obligation limitation for
Federal-aid highways that is equal to the unobligated balance of
amounts made available from the Highway Trust Fund (other than the
Mass Transit Account) for Federal-aid highways and highway safety
programs for previous fiscal years the funds for which are
allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under paragraphs
(1) and (2), bears to
(B) the total of the sums authorized to be appropriated for
Federal-aid highways and highway safety construction programs
(other than sums authorized to be appropriated for provisions
of law described in paragraphs (1) through (9) of subsection
(b) and sums authorized to be appropriated for section 105 of
title 23, United States Code, equal to the amount referred to
in subsection (b)(10) for such fiscal year), less the aggregate
of the amounts not distributed under paragraphs (1) and (2) of
this subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users; sections 117 (but individually for each project
numbered 1 through 3676 listed in the table contained in section
1702 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users) and 144(g) of title 23, United
States Code; and section 14501 of title 40, United States Code, so
that the amount of obligation authority available for each of such
sections is equal to the amount determined by multiplying the ratio
determined under paragraph (3) by the sums authorized to be
appropriated for that section for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for Federal-
aid highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraph (4),
for each of the programs that are allocated by the Secretary under
the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users and title 23, United States Code (other
than to programs to which paragraphs (1) and (4) apply), by
multiplying the ratio determined under paragraph (3) by the amounts
authorized to be appropriated for each such program for such fiscal
year; and
(6) distribute the obligation limitation provided for Federal-
aid highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraphs (4)
and (5), for Federal-aid highways and highway safety construction
programs (other than the amounts apportioned for the equity bonus
program, but only to the extent that the amounts apportioned for
the equity bonus program for the fiscal year are greater than
$2,639,000,000, and the Appalachian development highway system
program) that are apportioned by the Secretary under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users and title 23, United States Code, in the ratio
that--
(A) amounts authorized to be appropriated for such programs
that are apportioned to each State for such fiscal year, bear
to
(B) the total of the amounts authorized to be appropriated
for such programs that are apportioned to all States for such
fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations: (1)
under section 125 of title 23, United States Code; (2) under section
147 of the Surface Transportation Assistance Act of 1978; (3) under
section 9 of the Federal-Aid Highway Act of 1981; (4) under subsections
(b) and (j) of section 131 of the Surface Transportation Assistance Act
of 1982; (5) under subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991; (7) under section 157 of title
23, United States Code, as in effect on the day before the date of the
enactment of the Transportation Equity Act for the 21st Century; (8)
under section 105 of title 23, United States Code, as in effect for
fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years; (9) for Federal-aid
highway programs for which obligation authority was made available
under the Transportation Equity Act for the 21st Century or subsequent
public laws for multiple years or to remain available until used, but
only to the extent that the obligation authority has not lapsed or been
used; (10) under section 105 of title 23, United States Code, but only
in an amount equal to $639,000,000 for each of fiscal years 2005 and
2006; and (11) under section 1603 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users, to the extent
that funds obligated in accordance with that section were not subject
to a limitation on obligations at the time at which the funds were
initially made available for obligation.
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year, revise a distribution of the obligation limitation made available
under subsection (a) if the amount distributed cannot be obligated
during that fiscal year and redistribute sufficient amounts to those
States able to obligate amounts in addition to those previously
distributed during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under sections
104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapter 5 of title
23, United States Code, and title V (research title) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users, except that obligation authority made available for such
programs under such limitation shall remain available for a period of 3
fiscal years and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of the
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated to the
States, and will not be available for obligation, in such
fiscal year due to the imposition of any obligation limitation
for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1) in
the same ratio as the distribution of obligation authority under
subsection (a)(6).
(3) Availability.--Funds distributed under paragraph (1) shall
be available for any purposes described in section 133(b) of title
23, United States Code.
(f) Special Limitation Characteristics.--Obligation limitation
distributed for a fiscal year under subsection (a)(1) for programs,
projects, and activities funded from the takedown authorized by section
117 of title I of division H of Public Law 108-447 and under subsection
(a)(4) for the provision specified in subsection (a)(4) shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed on
obligations for Federal-aid highway and highway safety construction
programs for future fiscal years.
(g) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation authority
distributed for such fiscal year under subsection (a)(4) for each
project numbered 1 through 3676 listed in the table contained in
section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users may be obligated for
any other project in such section in the same State.
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on the date
on which obligation authority is distributed under this section for
the next fiscal year following obligation under paragraph (1).
(h) Limitation on Statutory Construction.--Nothing in this section
shall be construed to limit the distribution of obligation authority
under subsection (a)(4)(A) for each of the individual projects numbered
greater than 3676 listed in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users.

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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.

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allocation is made of the sums authorized to be appropriated for
expenditure on the Federal lands highway program, and whenever an
apportionment is made of the sums authorized to be appropriated for the
surface transportation program, the congestion mitigation and air
quality improvement program, the National Highway System, the
Interstate maintenance program, the bridge program, the Appalachian
development highway system, and the equity bonus program, the Secretary
of Transportation shall deduct a sum in such amount not to exceed 2.75
percent of all sums so authorized: Provided, That of the amount so
deducted in accordance with this section, $600,000,000 shall be made
available for surface transportation projects and $25,000,000 shall be
made available for highway priority projects as identified under this
section in the statement of the managers accompanying this Act:
Provided further, That notwithstanding any other provision of law and
the preceding clauses of this provision, the Secretary of
Transportation may use amounts made available by this section to make
grants for any surface transportation project otherwise eligible for
funding under title 23 or title 49, United States Code: Provided
further, That funds made available under this section, at the request
of a State, shall be transferred by the Secretary to another Federal
agency: Provided further, That the Federal share payable on account of
any program, project, or activity carried out with funds made available
under this section shall be 100 percent: Provided further, That the sum
deducted in accordance with this section shall remain available until
expended: Provided further, That all funds made available under this
section shall be subject to any limitation on obligations for Federal-
aid highways and highway safety construction programs set forth in this
Act or any other Act: Provided further, That the obligation limitation
made available for the programs, projects, and activities for which
funds are made available under this section shall remain available
until used and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.

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activities described in the statement of managers accompanying this Act
under the headings ``Federal-Aid Highways'' and ``Federal Transit
Administration'' shall be eligible for fiscal year 2006 funds made
available for the project for which each project or activity is so
designated: Provided, That the Federal share payable on account of any
such projects and activities subject to this section shall be the same
as the share required by the Federal program under which each project
or activity is designated unless otherwise provided in this Act.

569a9aae8b5cf8bcdc585586677ba64bae7b9b3327b8dcf797952be46566066d

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.

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Efficiency Act of 1991 (23 U.S.C. 127 note; 105 Stat. 1951) is amended
by striking paragraphs (2) and (3) and inserting the following:
``(2) State action.--
``(A) Weight limitations.--For the period beginning on the
date of enactment of this subparagraph and ending on September
30, 2009, a covered State, including any political subdivision
of such State, may not enforce a single axle weight limitation
of less than 24,000 pounds, including enforcement tolerances,
on any vehicle referred to in paragraph (1) in any case in
which the vehicle is using the Interstate System.
``(B) Covered state defined.--In this paragraph, the term
`covered State' means a State that has enforced, in the period
beginning on October 6, 1992, and ending on the date of
enactment of this subparagraph, a single axle weight limitation
of 20,000 pounds or greater but less than 24,000 pounds,
including enforcement tolerances, on any vehicle referred to in
paragraph (1) in any case in which the vehicle is using the
Interstate System.''.

f253eeb1076c33cd9f0fe59ef5a3fedf504a9b26d4b09381833b43ee722d15c6

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.

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Designation.--The portion of highway US-24 in the State of Michigan,
beginning at Interstate 96 and extending north to Interstate 75 at exit
93 west of Clarkston, shall be known and designated as the ``Max M.
Fisher Memorial Highway''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the highway portion
referred to in subsection (a) shall be deemed to be a reference to the
``Max M. Fisher Memorial Highway''.

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provided in Public Law 108-7 under the heading ``Federal-aid Highways''
for intelligent transportation system projects and designated for
Gettysburg Borough Signal Coordination and Upgrade-Signalization; Adams
County, Pennsylvania shall be available for Gettysburg Borough and
Surrounding Municipalities Signal Coordination and Upgrade-
Signalization; Adams County, Pennsylvania.
Federal Motor Carrier Safety Administration
Motor Carrier Safety Operations and Programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred for administration of motor
carrier safety operations and programs pursuant to section 31104(i) of
title 49, United States Code, and sections 4127 and 4134 of Public Law
109-59, $213,000,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That none of the funds derived from the Highway Trust Fund in
this Act shall be available for the implementation, execution or
administration of programs, the obligations for which are in excess of
$213,000,000, for ``Motor Carrier Safety Operations and Programs'', of
which $10,084,000, to remain available for obligation until September
30, 2008, is for the research and technology program and $1,000,000
shall be available for commercial motor vehicle operator's grants to
carry out section 4134 of Public Law 109-59: Provided further, That
notwithstanding any other provision of law, none of the funds under
this heading for outreach and education shall be available for
transfer.
Motor Carrier Safety Grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31104, 31106, 31107, 31109, 31309, 31313 of title 49, United States
Code, and sections 4126 and 4128 of Public Law 109-59, $282,000,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none of
the funds in this Act shall be available for the implementation or
execution of programs, the obligations for which are in excess of
$282,000,000, for ``Motor Carrier Safety Grants''; of which
$188,000,000 shall be available for the motor carrier safety assistance
program to carry out sections 31102 and 31104 of title 49, United
States Code; $25,000,000 shall be available for the commercial driver's
license improvements program to carry out section 31313 of title 49,
United States Code; $32,000,000 shall be available for the border
enforcement grants program to carry out section 31107 of title 49,
United States Code; $5,000,000 shall be available for the performance
and registration information system management program to carry out
sections 31106 and 31109 of title 49, United States Code; $25,000,000
shall be available for the commercial vehicle information systems and
networks deployment program to carry out section 4126 of Public Law
109-59; $2,000,000 shall be available for the safety data improvement
program to carry out section 4128 of Public Law 109-59; and $5,000,000
shall be available for the commercial driver's license information
system modernization program to carry out section 31309 of title 49,
United States Code: Provided further, That of the funds made available
for the motor carrier safety assistance program, $29,000,000 shall be
available for audits of new entrant motor carriers.
Administrative Provision--Federal Motor Carrier Safety Administration

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subject to the terms and conditions stipulated in section 350 of Public
Law 107-87, including that the Secretary submit a report to the House
and Senate Appropriations Committees annually on the safety and
security of transportation into the United States by Mexico-domiciled
motor carriers.
National Highway Traffic Safety Administration
Operations and Research
(highway trust fund)
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety under chapter 301 of title
49, United States Code, and part C of subtitle VI of title 49, United
States Code, $122,457,000, to be derived from the sum authorized to be
deducted under section 112 of this Act and transferred to the National
Highway Traffic Safety Administration upon enactment of this Act, of
which $96,301,000 shall remain available until September 30, 2006 and
$26,156,000 shall remain available until September 30, 2008: Provided,
That such funds shall be transferred to and administered by the
National Highway Traffic Safety Administration: Provided further, That
none of the funds appropriated by this Act may be obligated or expended
to plan, finalize, or implement any rulemaking to add to section
575.104 of title 49 of the Code of Federal Regulations any requirement
pertaining to a grading standard that is different from the three
grading standards (treadwear, traction, and temperature resistance)
already in effect: Provided further, That all funds made available
under this heading shall be subject to any limitation on obligations
for Federal-aid highways and highway safety construction programs set
forth in this Act or any other Act: Provided further, That the
obligation limitation made available for the programs, projects, and
activities for which funds are made available under this heading shall
remain available as specified and shall be in addition to the amount of
any limitation imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal years.
Operations and Research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, to remain available until expended, $110,000,000, to
be derived from the Highway Trust Fund: Provided, That none of the
funds in this Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year 2006, are in
excess of $110,000,000 for programs authorized under 23 U.S.C. 403.
National Driver Register
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out chapter 303 of
title 49, United States Code, $4,000,000, to be derived from the
Highway Trust Fund and remain available until September 30, 2007:
Provided, That none of the funds in this Act shall be available for the
implementation or execution of programs the obligations for which are
in excess of $4,000,000 for the National Driver Register authorized
under chapter 303 of title 49, United States Code.
Highway Traffic Safety Grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11),
2009, 2010, and 2011 of Public Law 109-59, to remain available until
expended, $578,176,000 to be derived from the Highway Trust Fund (other
than the Mass Transit Account): Provided, That none of the funds in
this Act shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2006, are in excess of
$578,176,000 for programs authorized under 23 U.S.C. 402, 405, 406,
408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public
Law 109-59, of which $217,000,000 shall be for ``Highway Safety
Programs'' under 23 U.S.C. 402, $25,000,000 shall be for ``Occupant
Protection Incentive Grants'' under 23 U.S.C. 405, $124,500,000 shall
be for ``Safety Belt Performance Grants'' under 23 U.S.C. 406,
$34,500,000 shall be for ``State Traffic Safety Information System
Improvements'' under 23 U.S.C. 408, $120,000,000 shall be for
``Alcohol-Impaired Driving Countermeasures Incentive Grant Program''
under 23 U.S.C. 410, $16,176,000 shall be for ``Administrative
Expenses'' under section 2001(a)(11) of Public Law 109-59, $29,000,000
shall be for ``High Visibility Enforcement Program'' under section 2009
of Public Law 109-59, $6,000,000 shall be for ``Motorcyclist Safety''
under section 2010 of Public Law 109-59, and $6,000,000 shall be for
``Child Safety and Child Booster Seat Safety Incentive Grants'' under
section 2011 of Public Law 109-59: Provided further, That none of these
funds shall be used for construction, rehabilitation, or remodeling
costs, or for office furnishings and fixtures for State, local or
private buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for section 410 ``Alcohol-Impaired
Driving Countermeasures Grants'' shall be available for technical
assistance to the States: Provided further, That not to exceed $750,000
of the funds made available for the ``High Visibility Enforcement
Program'' shall be available for the evaluation required under section
2009(f) of Public Law 109-59.
Administrative Provision--National Highway Traffic Safety
Administration

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on the use of funds made available under section 403 of title 23,
United States Code, an additional $130,000 shall be made available to
the National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Federal Railroad Administration
Safety and Operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $145,949,000, of which $13,856,000 shall remain
available until expended.
Railroad Research and Development
For necessary expenses for railroad research and development,
$55,075,000, to remain available until expended, of which $6,500,000
shall be available for positive train control projects and $7,190,000
shall be available for grants for rail corridor planning, development
and improvement and Federal share payable under such grants shall be 50
percent.
Railroad Rehabilitation and Improvement Program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94-210), as amended, in such amounts and at such times
as may be necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under sections 511
through 513 of such Act, such authority to exist as long as any such
guaranteed obligation is outstanding: Provided, That pursuant to
section 502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for the credit
risk premium during fiscal year 2006.
Alaska Railroad Rehabilitation
To enable the Secretary of Transportation to make grants to the
Alaska Railroad, $10,000,000, for capital rehabilitation and
improvements benefiting its passenger operations, to remain available
until expended.
OPERATING SUBSIDY GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation for operation of
intercity passenger rail, $495,000,000, to remain available until
expended: Provided, That the Secretary of Transportation shall approve
funding to cover operating losses for the National Railroad Passenger
Corporation only after receiving and reviewing a grant request for each
specific train route: Provided further, That each such grant request
shall be accompanied by a detailed financial analysis, revenue
projection, and capital expenditure projection justifying the Federal
support to the Secretary's satisfaction: Provided further, That the
Secretary of Transportation shall reserve $60,000,000 of the funds
provided under this heading and is authorized to transfer such sums to
the Surface Transportation Board, upon request from said Board, to
carry out directed service orders issued pursuant to section 11123 of
title 49, United States Code, to respond to the cessation of commuter
rail operations by the National Railroad Passenger Corporation:
Provided further, That the Secretary of Transportation shall make the
reserved funds available to the National Railroad Passenger Corporation
through an appropriate grant instrument not earlier than September 1,
2006 to the extent that no directed service orders have been issued by
the Surface Transportation Board as of the date of transfer or there is
a balance of reserved funds not needed by the Board to pay for any
directed service order issued through September 30, 2006: Provided
further, That the Corporation is directed to achieve savings through
operating efficiencies including, but not limited to, modifications to
food and beverage service and first class service: Provided further,
That the Inspector General of the Department of Transportation shall
report to the House and Senate Committees on Appropriations beginning
on January 3, 2006 and quarterly thereafter with estimates of the
savings accrued as a result of all operational reforms instituted by
the National Railroad Passenger Corporation: Provided further, That if
the Inspector General cannot certify that the Corporation has achieved
operational savings by July 1, 2006, none of the funds in this Act may
be used after July 1, 2006, to subsidize the net losses of food and
beverage service and sleeper car service on any Amtrak route: Provided
further, That of the funds provided under this section, not less than
$5,000,000 shall be expended for the development and implementation of
a managerial cost accounting system, which includes average and
marginal unit cost capability: 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 not
later than 60 days after enactment of this Act, Amtrak shall transmit,
in electronic format, to the Secretary of Transportation, the House and
Senate Committees on Appropriations, the House Committee on
Transportation and Infrastructure and the Senate Committee on Commerce,
Science, and Transportation a comprehensive business plan approved by
the Board of Directors for fiscal year 2006 under section 24104(a) of
title 49, United States Code: Provided further, That the business plan
shall include, as applicable, targets for ridership, revenues, and
capital and operating expenses: Provided further, That the plan shall
also include a separate accounting of such targets for the Northeast
Corridor; commuter service; long-distance Amtrak service; State-
supported service; each intercity train route, including Autotrain; and
commercial activities including contract operations: Provided further,
That the business plan shall include a description of the work to be
funded, along with cost estimates and an estimated timetable for
completion of the projects covered by this business plan: Provided
further, That the Corporation shall continue to provide monthly reports
in electronic format regarding the pending business plan, which shall
describe the work completed to date, any changes to the business plan,
and the reasons for such changes, and shall identify all sole source
contract awards which shall be accompanied by a justification as to why
said contract was awarded on a sole source basis: Provided further,
That none of the funds in this Act may be used for operating expenses,
including advance purchase orders, not approved by the Secretary of
Transportation or on the National Railroad Passenger Corporation's
fiscal year 2006 business plan: Provided further, That Amtrak shall
display the business plan and all subsequent supplemental plans on the
Corporation's website within a reasonable timeframe following their
submission to the appropriate entities: Provided further, That none of
the funds under this heading may be obligated or expended until the
National Railroad Passenger Corporation agrees to continue abiding by
the provisions of paragraphs 1, 2, 3, 5, 9, and 11 of the summary of
conditions for the direct loan agreement of June 28, 2002, in the same
manner as in effect on the date of enactment of this Act: Provided
further, That none of the funds provided in this Act may be used after
March 1, 2006, to support any route on which Amtrak offers a discounted
fare of more than 50 percent off the normal, peak fare.
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation for the maintenance and
repair of capital infrastructure owned by the National Railroad
Passenger Corporation, including railroad equipment, rolling stock,
legal mandates and other services, $780,000,000, to remain available
until expended, of which not to exceed $280,000,000 shall be for debt
service obligations: Provided, That the Secretary of Transportation
shall approve funding for capital expenditures, including advance
purchase orders, for the National Railroad Passenger Corporation only
after receiving and reviewing a grant request for each specific capital
grant justifying the Federal support to the Secretary's satisfaction:
Provided further, That none of the funds under this heading may be used
to subsidize operating losses of the National Railroad Passenger
Corporation: Provided further, That none of the funds under this
heading may be used for capital projects not approved by the Secretary
of Transportation or on the National Railroad Passenger Corporation's
fiscal year 2006 business plan: Provided further, That the Secretary
shall determine the cost to the Corporation for the annual Northeast
Corridor capital and maintenance costs attributable to commuter rail
operations over said Corridor: Provided further, That these costs shall
be calculated by the Secretary based on the train mile usage of each
commuter rail authority as a percentage of the total number of annual
train miles used by all users of the Northeast Corridor or by whatever
measure the Secretary believes to be most appropriate: Provided
further, That, notwithstanding any other provision of law, the
Secretary shall assess fees to each commuter rail authority for any
direct capital or maintenance costs associated with that rail
authority's usage of the corridor: Provided further, That such
assessments shall account fully for whatever direct annual
contributions are already being made by each commuter authority for
such Northeast Corridor capital and maintenance expenses in that fiscal
year: Provided further, That the revenues from such fees shall be
merged with this appropriation and be available for obligation and
expenditure consistent with the terms and conditions of this paragraph:
Provided further, That the Secretary shall transmit to Congress a
monthly accounting of charges levied in accordance with the preceding
proviso.
EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
For an additional amount to be made available to the Secretary for
efficiency incentive grants to the National Railroad Passenger
Corporation, $40,000,000, to remain available until expended: Provided,
That the Secretary may make grants to the National Railroad Passenger
Corporation for an additional sum for operating subsidies at any time
during the fiscal year for the purpose of maintaining the operation of
existing Amtrak routes: Provided further, That nothing in the previous
proviso should be interpreted either to encourage or discourage the
Corporation with respect to adjusting existing routes or frequencies:
Provided further, That the Secretary may make grants for operating
subsidies at any time during the fiscal year in order to avert the
Corporation's entry into bankruptcy proceedings: Provided further, That
prior to awarding additional operating grants for the purpose of the
preceding proviso, the Secretary and the Inspector General of the
Department of Transportation shall certify to the Committees on
Appropriations of the House of Representatives and the Senate that such
grants are necessary to prevent the Corporation from entering
bankruptcy: Provided further, That if the Secretary and the Inspector
General deem that sufficient operating funds are available to continue
operations through the end of fiscal year 2006, then, as of September
1, 2006, the Secretary may make grants to the National Railroad
Passenger Corporation at such times and in such amounts for capital
improvements that have a direct and measurable short-term impact on
reducing operating losses of the National Railroad Passenger
Corporation.
Administrative Provisions--Federal Railroad Administration

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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.

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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.

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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.

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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.

5f5b9c3281bfb29ce2323821bf055ca1b223c71c0ad58d0e9717ec2992168a19

available to the Federal Railroad Administration for the Spokane Region
High Speed Rail Corridor Study on page 1420 of the Joint Explanatory
Statement of the Committee of Conference for Public Law 108-447 (House
Report 108-792) shall be made available to the Washington State
Department of Transportation for grade crossing and related
improvements under the Bridging the Valley project between Spokane
County, Washington and Kootenai County, Idaho.

8c95b3d313248c591d09870e26e0ba6ac3d981481c3458d9be76fcdfe8412de6

``Efficiency Incentive Grants to the National Railroad Passenger
Corporation'', and notwithstanding limitation language contained
therein, $8,300,000 shall be made available immediately upon enactment
of this Act only for a revenue service demonstration of not less than
5,500 carload shipments of premium temperature-controlled express.
Federal Transit Administration
Administrative Expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $80,000,000: Provided, That of the funds available under
this heading, not to exceed $925,000 shall be available for the Office
of the Administrator; not to exceed $7,325,000 shall be available for
the Office of Administration; not to exceed $4,058,200 shall be
available for the Office of the Chief Counsel; not to exceed $1,359,300
shall be available for the Office of Communication and Congressional
Affairs; not to exceed $7,985,900 shall be available for the Office of
Program Management; not to exceed $8,732,500 shall be available for the
Office of Budget and Policy; not to exceed $4,763,900 shall be
available for the Office of Demonstration and Innovation; not to exceed
$3,153,100 shall be available for the Office of Civil Rights; not to
exceed $4,127,300 shall be available for the Office of Planning; not to
exceed $20,754,000 shall be available for regional offices; and not to
exceed $16,815,800 shall be available for the central account: Provided
further, That the Administrator is authorized to transfer funds
appropriated for an office of the Federal Transit Administration:
Provided further, That no appropriation for an office shall be
increased or decreased by more than a total of 5 percent during the
fiscal year by all such transfers: Provided further, That any change in
funding greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided further, That
any funding transferred from the central account shall be submitted for
approval to the House and Senate Committees on Appropriations: Provided
further, That none of the funds provided or limited in this Act may be
used to create a permanent office of transit security under this
heading: Provided further, That of the funds in this Act available for
the execution of contracts under section 5327(c) of title 49, United
States Code, $2,000,000 shall be reimbursed to the Department of
Transportation's Office of Inspector General for costs associated with
audits and investigations of transit-related issues, including reviews
of new fixed guideway systems: Provided further, That upon submission
to the Congress of the fiscal year 2007 President's budget, the
Secretary of Transportation shall transmit to Congress the annual
report on new starts, including proposed allocations of funds for
fiscal year 2007.
FORMULA AND BUS GRANTS
(Liquidation of Contract Authority)
(Limitation on Obligations)
(Including Transfer of Funds)
For payment of obligations incurred in carrying out the provisions
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5317, 5320, 5335,
5339, and 5340 and section 3038 of Public Law 105-178, as amended,
$1,500,000,000, to be derived from the Mass Transit Account of the
Highway Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5317,
5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-178, as
amended, shall not exceed total obligations of $6,979,931,000 in fiscal
year 2006: Provided further, That of the funds made available to carry
out capital projects to modernize fixed guideway systems authorized
under 49 U.S.C. 5309(b)(2), $47,766,000 shall be transferred to the
Capital Investment Grants account and made available to carry out new
fixed guideway capital projects identified in this Act and in
accordance with the applicable provisions of 49 U.S.C. 5309: Provided
further, That except as provided in section 3044(b)(1) of Public Law
109-59, funds made available to carry out 49 U.S.C. 5308 shall instead
be available to carry out 49 U.S.C. 5309(b)(3).
RESEARCH AND UNIVERSITY RESEARCH CENTERS
For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315,
5322, and 5506, $75,200,000, to remain available until expended:
Provided, That $9,000,000 is available to carry out the transit
cooperative research program under section 5313 of title 49, United
States Code, $4,300,000 is available for the National Transit Institute
under section 5315 of title 49, United States Code, $7,000,000 is
available for university transportation centers program under section
5506 of title 49, United States Code: Provided further, That
$54,200,000 is available to carry out national research programs under
sections 5312, 5313, 5314, and 5322 of title 49, United States Code.
Capital Investment Grants
For necessary expenses to carry out section 5309 of title 49,
United States Code, $1,455,234,000, to remain available until expended
as follows:
ACE Gap Closure San Joaquin County, California, $5,000,000.
Alaska and Hawaii ferry projects, $15,000,000.
Ann Arbor/Detroit Commuter Rail, Michigan, $5,000,000.
Atlanta Beltline/C-Loop, Georgia, $1,000,000.
Baltimore Central Light Rail Double Track Project, Maryland,
$12,420,000.
Baltimore Red Line and Green Line, Maryland, $2,000,000.
Boston/Fitchburg, Massachusetts Rail Corridor, $2,000,000.
Central Corridor/St. Paul--Minneapolis, Minnesota, $2,000,000.
Central Florida Commuter Rail, $11,000,000.
Central Phoenix/East Valley LRT, Arizona, $90,000,000.
Charlotte South Corridor Light Rail Project, North Carolina,
$55,000,000.
City of Miami Streetcar, Florida, $2,000,000.
City of Rock Hill Trolley Study, South Carolina, $400,000.
Commuter Rail, Albuquerque to Santa Fe, New Mexico, $500,000.
Commuter Rail, Utah, $9,000,000.
CORRIDORone Regional Rail Project, Pennsylvania, $1,500,000.
CTA Douglas Blue Line, Illinois, $45,150,000.
CTA Ravenswood Brown Line, Illinois, $40,000,000.
CTA Yellow Line, Illinois, $1,000,000.
Dallas Northwest/Southeast Light Rail MOS, Texas, $12,000,000.
Denali Commission, Alaska, $5,000,000.
Detroit Center City Loop, Michigan, $4,000,000.
Dulles Corridor Rapid Transit Project, Virginia, $26,000,000.
East Corridor Commuter Rail, Nashville, Tennessee, $6,000,000.
East Side Access Project, New York, $340,000,000.
Euclid Corridor Transportation Project, Ohio, $24,774,513.
Fort Lauderdale Downtown Rail Link, Florida, $1,000,000.
Gainesville-Haymarket VRE Service Extension, Virginia,
$1,450,000.
Hartford-New Britain Busway, Connecticut, $6,000,000.
Houston METRO, Texas, $12,000,000.
Hudson-Bergen Light Rail MOS 2, New Jersey, $100,000,000.
Kansas City, Missouri, Southtown BRT, $12,300,000.
Metra, Illinois, $42,180,000.
Metro Gold Line Eastside Light Rail Extension, California,
$80,000,000.
Miami Dade County Metrorail Extension, Florida, $10,000,000.
Mid-Coast Light Rail Transit Extension, California, $7,160,000.
Mid-Jordan Light Rail Transit Line, Utah, $500,000.
Mission Valley East, California, $7,700,000.
N. Indiana Commuter Transit District Recapitalization,
$5,000,000.
New Jersey Trans-Hudson Midtown Corridor, New Jersey,
$12,315,000.;
North Corridor Interstate MAX Light Rail Project, Oregon,
$18,110,000.
North Shore Connector, Pennsylvania, $55,000,000.
North Shore Corridor and Blue Line Extension, Massachusetts,
$2,000,000.
Northeast Corridor Commuter Rail Project, Delaware, $1,425,000.
Northern Branch Bergen County, New Jersey, $2,500,000.
Northstar Corridor Commuter Rail Project, Minnesota,
$2,000,000.
Northwest New Jersey--Northeast Pennsylvania Passenger Rail,
$10,000,000.
Oceanside Escondido Rail Project, California, $12,210,000.
Odgen Avenue Transit Corridor/Circle Line, Illinois,
$1,000,000.
Regional Fixed Guideway Project, Nevada, $3,000,000.
Rhode Island Integrated Commuter Rail Project, Rhode Island,
$6,000,000.
San Francisco BART Extension to San Francisco International
Airport, California, $81,860,000.
San Francisco Muni Third Street Light Rail Project, California,
$25,000,000.
San Juan Tren Urbano, Puerto Rico, $8,045,487.
Santa Barbara Coast Rail Track Improvement Project, California,
$1,000,000.
Schuylkill Valley Metro, Pennsylvania, $4,000,000.
Seattle Sound Transit, Washington, $80,000,000.
Second Avenue Subway, New York, $25,000,000.
Silicon Valley Rapid Transit Corridor Project, Santa Clara
County, California, $6,500,000.
Silver Line Phase III, Massachusetts, $4,000,000.
Sounder Commuter Rail, Washington, $5,000,000.
Southeast Corridor Multi-Modal Project (T-REX), Colorado,
$80,000,000.
Stamford Urban Transitway, Connecticut, $10,000,000.
Triangle Transit Authority Regional Rail System (Raleigh-
Durham), North Carolina, $20,000,000.
Washington County Commuter Rail Project, Oregon, $15,000,000.
West Corridor Light Rail, Colorado, $5,000,000.
Administrative Provisions--Federal Transit Administration

ba4ee4c390ed3fdf06a34dd47e17d27a8c721abfa77752593bd2fb2da9c17a43

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.

eddd46ad000969ab50421d14348e769640ebdccc14b8f5a0b2a294bd3dcb0fe9

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.

047e882d7ff4365c7e97964e66a9c115a56b89a1528e20e2b195af7f831009d3

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.

f7df067c936cb5097a8a8120bbbc4c1368a557215334325c020f73c013e6f6a3

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.

6e8ab9fc7b8335c68465f72a2ed0e6d846a8338d923d7889324b91ba08ff1b1f

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.

326efb0879bda557dfc7946ab759a56d862ec60c62f7b026405ca61590aff1c7

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.

9ff17876ddbcce368c688a8df65355f3e162ceedb3224bfc8501d5c661208e30

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.

22ac016e805fe623771003c10db0e8bcc0c053c02efd55c32b74ec7f763f6486

Area Regional Transportation Authority to carry out section 5307 of
title 49, United States Code, may be used to acquire land, equipment,
or facilities used in public transportation from another governmental
authority in the same geographic area: Provided, That the non-Federal
share under section 5307 may include revenues from the sale of
advertising and concessions.

b7ba359d2b2895989ff87ccb726ef5a15232e89762693c081838e5a8903791e5

unobligated funds designated to the Jacksonville Transportation
Authority, Community Transportation Coordinator Program under the
heading ``Job Access and Reverse Commute Grants'' in the statement of
the managers accompanying Public Law 108-199 may be made available to
the Jacksonville Transportation Authority for any purpose authorized
under the Job Access and Reverse Commute program.

e852ec962ce4828086c84165c4e6d2a0f15d250afe38181624ce2e98a44844d6

made available to the South Shore Commuter Rail, Indiana, project under
the Federal Transit Administration Capital Investment Grants Account in
division H of Public Law 108-447 that remain available may be used for
remodernization of the South Shore Commuter Rail system.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current
fiscal year.
Operations and Maintenance
(harbor maintenance trust fund)
For necessary expenses for operations and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained by the
Saint Lawrence Seaway Development Corporation, $16,284,000, to be
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
99-662.
Maritime Administration
Maritime Security Program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $156,000,000, to remain available until expended.
Operations and Training
For necessary expenses of operations and training activities
authorized by law, $122,249,000 of which $23,750,000 shall remain
available until September 30, 2006, for salaries and benefits of
employees of the United States Merchant Marine Academy; of which
$15,000,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy; and of which
$8,211,000 shall remain available until expended for the State Maritime
Schools Schoolship Maintenance and Repair.
Ship Disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$21,000,000, to remain available until expended.
Maritime Guaranteed Loan (Title XI) Program Account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, not to exceed $4,126,000, which shall be transferred to and
merged with the appropriation for Operations and Training.
Ship Construction
(rescission)
Of the unobligated balances available under this heading,
$2,071,280 are rescinded.
Administrative Provisions--Maritime Administration

057c8a7c23edf92d322f57b9a924d087bf2a792e7f31a08e362d8b290679a4e9

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.

c6263f8186571f66e4e162d47678966b7e90e2ddf8fd1564ef7966e84d31b607

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,
$73,010,000, of which $15,000,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2008; of which $58,010,000 shall be derived from the Pipeline Safety
Fund, of which $24,000,000 shall remain available until September 30,
2008: Provided, That not less than $1,000,000 of the funds provided
under this heading shall be for the one-call State grant program.
Emergency Preparedness Grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2007: Provided, That not more than $14,300,000
shall be made available for obligation in fiscal year 2006 from amounts
made available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That
none of the funds made available by 49 U.S.C. 5116(i), 5127(c), and
5127(d) shall be made available for obligation by individuals other
than the Secretary of Transportation, or his designee.
Research and Innovative Technology Administration
Research and Development
For necessary expenses of the Research and Innovative Technology
Administration, $5,774,000, of which $1,121,000 shall remain available
until September 30, 2008: Provided, That there may be credited to this
appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training.
Office of Inspector General
Salaries and Expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$62,499,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements 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, $26,450,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2006, to
result in a final appropriation from the general fund estimated at no
more than $25,200,000.
Administrative Provisions--Department of Transportation
(including transfers of funds)

9a930970a27b0b6f7aebed1fda214a6d211f1c2df5cc8ce7f68b86f46ac44c8c

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).

bfc60a6f14ad6a65899e0f71acd18a3f049e95681c174f658524d3d71d757be2

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.

65d5f95393486eddfdfe5984e9789f29d1925764b3aea65f91127fe56387693c

salaries and expenses of more than 108 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.

0cedae42db385bcf9c98308a6d40e36e79ffe6bc5b15377ca50031fa828cbc78

section 404 of title 23, United States Code.

e1104e8c83cceddb673e39378a04d42917eb383b7d1cb35b9595fdd0db2582c5

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.

f20d63c68d0d6937b1be04a09b6360e97677780042e1c36160a258b37fc0eb34

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.

610221fa921be82dcae52638cee16c57c9291d1a2bfb0b429208cc9b1320493e

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.

d8da9239564501b7b947da5c5d2960071227a4cc58a2cf015ae91f1fff8124a7

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.

09a2971dfe864c92aadecd35b612be561909c719bc2407320a43b2be78791547

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.

1d23abfff9fa4aef1071d712bd4ceb13a941194fd83c341058fd0c75a0cc7d18

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.

b2edeef9b71ddd246a9ec3dcfcd91f4d3245310355ae60008e124555075e9ab1

the unexpended balances available for the bonding assistance program
from ``Office of the Secretary, Salaries and expenses'' to ``Minority
Business Outreach''.

696121f5d0f7c6ef1e8cc78494cb4bd02df65920ee2bace12e76ba32dcba13b1

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.

6aa917d2946fe083f22880ad18421902c045871580d2b481a74241f690d7a657

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.

6901b618b80fad8631874de6bd6425ffd7a0ab116ad9b11af67fd9e2c9235353

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

d7cfdab34e9f59bfc43a95ce909736c210f9507aae072f76e6ed7dd5e2fb58fa

amended--
(1) in subparagraph (A), by striking ``title 40'' and all that
follows through the period and inserting ``title 40.'';
(2) by striking subparagraph (B);
(3) by redesignating subparagraphs (C) through (G) as
subparagraphs (B) through (F), respectively;
(4) in subparagraph (E) (as redesignated by paragraph (3)), in
the first sentence, by striking ``subparagraph (E)'' and inserting
``subparagraph (D)''; and
(5) in subparagraph (F) (as redesignated by paragraph (3)), by
striking ``State Option'' and all that follows through the period
and inserting ``(F) Subparagraphs (B), (C), (D) and (E) herein
shall not apply to the States of West Virginia or Minnesota.''.

6f348a43c1c1fdb718433250ded96af507da7b373445d8d4261ed45a7f7a9436

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.

318ab57aced0470c64cfda21c16d9d63a3405f451dd2c31321f5662713fe2d38

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''.

6513e98d7c3026ca206f9ea88b8a7b329217188ec576cec8847eb97fd23479cd

amended by adding at the end the following: ``For purposes of this
subsection, an air tour operator flying over the Hoover Dam in the Lake
Mead National Recreation Area en route to the Grand Canyon National
Park shall be deemed to be flying solely as a transportation route.''.
Nothing in this provision shall allow exemption from overflight rules
for the Grand Canyon.

b04863de45ee35a354bce55930d7206a7a3d99c7aace407e36defd4edb3b7be1

Security Act (49 U.S.C. 40101 note) is amended by striking ``November
19, 2005.'' and inserting ``November 30, 2006.''.

2d5f7eaa05b4616cca60cf67912eaaed77b5a787895770fe5a1eaea5281ee2e8

the Federal Aviation Administration, who--
(A) was involuntarily separated as a result of the
reorganization of the Flight Services Unit following the
outsourcing of flight service duties to a contractor;
(B) was not eligible by October 3, 2005 for an immediate
annuity under a Federal retirement system; and
(C) assuming continued Federal employment, would attain
eligibility for an immediate annuity under section 8336(d) or
8414(b) of title 5, United States Code, not later than October 4,
2007.
(2) Notwithstanding any other provision of law, during the period
beginning on the date of enactment of this Act and ending October 4,
2007, an employee described under paragraph (1) may, with the approval
of the Administrator of the Federal Aviation Administration or the
designee of the Administrator, accept an assignment to such contractor
within 14 days after the date of enactment of this section.
(3) Except as provided in subsection (c), an employee appointed
under paragraph (1)--
(A) shall be a temporary Federal employee for the duration of
the assignment;
(B) notwithstanding such temporary status, shall retain
previous enrollment or participation in Federal employee benefits
programs under chapters 83, 84, 87, and 89 of title 5, United
States Code; and
(C) shall be considered to have not had a break in service for
purposes of chapters 83, 84, and sections 8706(b) and 8905(b) of
title 5, United States Code, except no service credit or benefits
shall be extended retroactively.
(4) An assignment and temporary appointment under this section
shall terminate on the earlier of--
(A) October 4, 2007; or
(B) the date on which the employee first becomes eligible for
an immediate annuity under section 8336(d) or 8414(b) of title 5,
United States Code.
(5) Such funds as may be necessary are authorized for the Federal
Aviation Administration to pay the salary and benefits of an employee
assigned under this section, but no funds are authorized to reimburse
the employing contractor for the salary and benefits of an employee so
assigned.
(b) An employee who was involuntarily separated as a result of the
reorganization of the Flight Services Unit following the outsourcing of
flight service duties to a contractor, and was eligible to use annual
leave under the conditions of section 6302(g) of title 5, United States
Code, may use such leave to--
(1) qualify for an immediate annuity or to meet the age or
service requirements for an enhanced annuity that the employee
could qualify for under sections 8336, 8412, or 8414; or
(2) to meet the requirements under section 8905(b) of title 5,
United States Code, to qualify to continue health benefits coverage
after retirement from service.
(c)(1) Nothing in this section shall--
(A) affect the validity or legality of the reduction-in-force
actions of the Federal Aviation Administration effective October 3,
2005; or
(B) create any individual rights of actions regarding such
reduction-in-force or any other actions related to or arising under
the competitive sourcing of flight services.
(2) An employee subject to this section shall not be--
(A) covered by chapter 71 of title 5, United States Code, while
on the assignment authorized by this section; or
(B) subject to section 208 of title 18, United States Code.
(3) Temporary employees assigned under this section shall not be
Federal employees for purposes of chapter 171 of title 28, United
States Code (commonly referred to as the Federal Tort Claims Act).
Chapter 171 of title 28, United States Code (commonly referred to as
the Federal Tort Claims Act) and any other Federal tort liability
statute shall not apply to an employee who is assigned to a contractor
under subsection (a).

a1cbb0b8bbdc1cd60144aa9ddaea20d1a8ffa678ab40e005574194b8da3e9b5c

(1) The term ``Conservation Area'' means the Sloan Canyon
National Conservation Area established by section 604(a) of the
Clark County Conservation of Public Land and Natural Resources Act
of 2002 (116 Stat. 2010).
(2) The term ``County'' means Clark County, Nevada.
(3)(A) The term ``helicopter tour'' means a commercial
helicopter tour operated for profit.
(B) The term ``helicopter tour'' does not include a helicopter
tour that is carried out to assist a Federal, State, or local
agency.
(4) The term ``Secretary'' means the Secretary of the Interior.
(5) The term ``Wilderness'' means the North McCullough
Mountains Wilderness established by section 202(a)(13) of the Clark
County Conservation of Public Land and Natural Resources Act of
2002 (116 Stat. 2000).
(b) As soon as practicable after the date of enactment of this Act,
the Secretary shall convey to the County, subject to valid existing
rights, for no consideration, all right, title, and interest of the
United States in and to the parcel of land described in subsection (c).
(c) The parcel of land to be conveyed under subsection (b) is the
parcel of approximately 229 acres of land depicted as tract A on the
map entitled ``Clark County Public Heliport Facility'' and dated May 3,
2004.
(d)(1) The parcel of land conveyed under subsection (b)--
(A) shall be used by the County for the operation of a heliport
facility under the conditions stated in paragraphs (2), (3), and
(4); and
(B) shall not be disposed of by the County.
(2)(A) Any operator of a helicopter tour originating from or
concluding at the parcel of land described in subsection (c) shall pay
to the Clark County Department of Aviation a $3 conservation fee for
each passenger on the helicopter tour if any portion of the helicopter
tour occurs over the Conservation Area.
(B)(i) Not earlier than 10 years after the date of enactment of
this Act and every 10 years thereafter, the Secretary shall conduct a
review to determine whether to raise the amount of the conservation
fee.
(ii) After conducting a review under clause (i) and providing an
opportunity for public comment, the Secretary may raise the amount of
the conservation fee in an amount determined to be appropriate by the
Secretary, but by not more than 50 percent of the amount of the
conservation fee in effect on the day before the date of the increase.
(3)(A) The amounts collected under paragraph (2) shall be deposited
in a special account in the Treasury of the United States.
(B) Of the amounts deposited under subparagraph (A)--
(i) \2/3\ of the amounts shall be available to the Secretary,
without further appropriation, for the management of cultural,
wildlife, and wilderness resources on public land in the State of
Nevada; and
(ii) \1/3\ of the amounts shall be available to the Director of
the Bureau of Land Management, without further appropriation, for
the conduct of Bureau of Land Management operations for the
Conservation Area and the Red Rock Canyon National Conservation
Area.
(4)(A) Except for safety reasons, any helicopter tour originating
or concluding at the parcel of land described in subsection (c) that
flies over the Conservation Area shall not fly--
(i) over any area in the Conservation Area except the area that
is between 3 and 5 miles north of the latitude of the southernmost
boundary of the Conservation Area;
(ii) lower than 1,000 feet over the eastern segments of the
boundary of the Conservation Area; or
(iii) lower than 500 feet over the western segments of the
boundary of the Conservation Area.
(B) The Administrator of the Federal Aviation Administration shall
establish a special flight rules area and any operating procedures that
the Administrator determines to be necessary to implement subparagraph
(A).
(5) If the County ceases to use any of the land described in
subsection (c) for the purpose described in paragraph (1)(A) and under
the conditions stated in paragraph (2)--
(A) title to the parcel shall revert to the United States,
at the option of the United States; and
(B) the County shall be responsible for any reclamation
necessary to revert the parcel to the United States.
(e) The Secretary shall require, as a condition of the conveyance
under subsection (b), that the County pay the administrative costs of
the conveyance, including survey costs and any other costs associated
with the transfer of title.

81f39871034133bc2fb3a04946ae815f709dc8b169482971d77a4e3d163040a1

Air Transportation Competition Act of 1979 (Public Law 96-192; 94 Stat.
48) is amended by inserting ``Missouri,'' before ``and Texas''.

58ff68804ec6274875f0afb28b89f8bc379fd66ef976d1ebc2eb3e796328c1fe

funds provided in or limited by this Act may be obligated or expended
to provide a budget justification for fiscal year 2007 concurrently
with the President's annual budget submission to Congress under section
1105(a) of title 31, United States Code, to any congressional committee
other than the House and Senate Committees on Appropriations prior to
May 31, 2006.

26dad671e3c2f768b6c5833c2004f3dc348f0399e23cd36a593642cb3a942c2f

provided in or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, said reprogramming action shall be
approved or denied solely by the Committees on Appropriations:
Provided, That the Secretary may provide notice to other congressional
committees of the action of the Committees on Appropriations on such
reprogramming but not sooner than 30 days following the date on which
the reprogramming action has been approved or denied by the House and
Senate Committees on Appropriations.

d2a7e731c98f5a5fa1278502907b69bcb224dca8bbb50757bd64e6ba2efc73bf

numbered 5094 and 5096 in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59; 119 Stat. 1144) shall be subject
to section 120(c) of title 23, United States Code.

f91a86d194d7b73cb223ed465550558825379b3f4a3d6faa7c975f0517e7689d

verification regime, to reimburse fixed-based general aviation
operators and the providers of general aviation ground support services
at Ronald Reagan Washington National Airport; College Park Airport in
College Park, Maryland; Potomac Airpark in Fort Washington, Maryland;
Washington Executive/Hyde Field in Clinton, Maryland; and Washington
South Capitol Street Heliport in Washington, DC; for direct and
incremental financial losses incurred while such airports were closed
to general aviation operations, or as of the date of enactment of this
provision in the case of airports that have not reopened to such
operations, by these operators and service providers solely due to the
actions of the Federal Government following the terrorist attacks on
the United States that occurred on September 11, 2001, not to exceed
$17,000,000, to be available until expended: Provided, That of this
amount not to exceed $5,000,000 shall be available on a pro-rata basis,
if necessary, to fixed-based general aviation operators and the
providers of general aviation ground support services located at
College Park Airport in College Park, Maryland; Potomac Airpark in Fort
Washington, Maryland; and Washington Executive/Hyde Field in Clinton,
Maryland: Provided further, That no funds shall be obligated or
distributed to fixed-based general aviation operators and providers of
general aviation ground support services until an independent audit is
completed: Provided further, That losses incurred as a result of
violations of law, or through fault or negligence, of such operators
and service providers or of third parties (including airports) are not
eligible for reimbursements: Provided further, That obligation and
expenditure of funds are conditional upon full release of the United
States Government for all claims for financial losses resulting from
such actions.

dbca5f39e423b2fa8bfb8f8248d27d311d68264f1ee6e561f4a3bfe8cee5a5dd

made available pursuant to Public Law 109-59 for the Gravina Island
bridge and the Knik Arm bridge shall be made available to the Alaska
Department of Transportation and Public Facilities for any purpose
eligible under section 133(b) of title 23, United States Code:
Provided, That in allocating funds for the equity bonus program under
section 105 of such title, the Secretary shall make the calculations
required under that section as if this section had not been enacted:
Provided further, That the descriptions for High Priority Projects
#406, the Gravina Island bridge, and #2465, the Knik Arm bridge, in
section 1702 of Public Law 109-59 are hereby deleted and in their place
is inserted ``the Alaska Department of Transportation and Public
Facilities''.

f006234dd0cfd78081f53d5e43a90d7fbaf209e2d0f413f98b69142ed1c5a045

10204 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (Public Law 109-59) as of the date of
enactment of this Act, of the amounts made available by section 112 of
this Act, $1,000,000 shall be used by the Secretary of Transportation
and the Secretary of Homeland Security to jointly--
(1) complete the review and assessment of catastrophic
hurricane evacuation plans under that section; and
(2) submit to Congress, not later than June 1, 2006, the report
described in subsection (d) of that section.
(b) Section 10204 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law 109-59) is
amended--
(1) in subsection (a)--
(A) by inserting after ``evacuation plans'' the following:
``(including the costs of the plans)''; and
(B) by inserting ``and other catastrophic events'' before
``impacting'';
(2) in subsection (b), by striking ``and local'' and inserting
``parish, county, and municipal''; and
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``safe and'' before
``practical'';
(B) in paragraph (2), by inserting after ``States'' the
following: ``and adjoining jurisdictions'';
(C) in paragraph (3), by striking ``and'' after the
semicolon at the end;
(D) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(E) by adding at the end the following:
``(5) the availability of food, water, restrooms, fueling
stations, and shelter opportunities along the evacuation routes;
``(6) the time required to evacuate under the plan; and
``(7) the physical and mental strains associated with the
evacuation.''.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2006''.
TITLE II
DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and Expenses
(including transfer of funds)
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of,
and purchase of commercial insurance policies for, real properties
leased or owned overseas, when necessary for the performance of
official business, not to exceed $3,000,000 for official travel
expenses; $196,592,000, of which not to exceed $8,642,000 is for
executive direction program activities; not to exceed $7,852,000 is for
general counsel program activities; not to exceed $32,011,000 is for
economic policies and programs activities; not to exceed $26,574,000 is
for financial policies and programs activities; pursuant to section
3004(b) of the Exchange Rates and International Economic Policy
Coordination Act of 1988 (22 U.S.C. 5304(b)), not to exceed $1,000,000,
to remain available until expended, is for the Secretary of the
Treasury, in conjunction with the President, to implement said
subsection as it pertains to governments and trade violations involving
currency manipulation and other trade violations; not to exceed
$39,939,000 is for financial crimes policies and programs activities;
not to exceed $16,843,000 is for Treasury-wide management policies and
programs activities; and not to exceed $63,731,000 is for
administration programs activities: Provided, That of the amount
appropriated for financial crimes policies and programs activities,
$22,032,016 is for the Office of 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 two percent by all such
transfers: Provided further, That any change in funding greater than
two percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That of the amount
appropriated under this heading, not to exceed $3,000,000, to remain
available until September 30, 2007, for information technology
modernization requirements; not to exceed $100,000 for official
reception and representation expenses; and not to exceed $258,000 for
unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury and to be
accounted for solely on his certificate: Provided further, That of the
amount appropriated under this heading, $5,173,000, to remain available
until September 30, 2007, is for the Treasury-wide Financial Statement
Audit Program, of which such amounts as may be necessary may be
transferred to accounts of the Department's offices and bureaus to
conduct audits: Provided further, That this transfer authority shall be
in addition to any other provided in this Act.
Department-Wide Systems and Capital Investments Programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$24,412,000, to remain available until September 30, 2008: Provided,
That these funds shall be transferred to accounts and in amounts as
necessary to satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds appropriated
shall be used to support or supplement ``Internal Revenue Service,
Information Systems'' or ``Internal Revenue Service, Business Systems
Modernization''.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, not to exceed $2,000,000 for official travel expenses,
including hire of passenger motor vehicles; and not to exceed $100,000
for unforeseen emergencies of a confidential nature, to be allocated
and expended under the direction of the Inspector General of the
Treasury, $17,000,000, of which not to exceed $2,500 shall be available
for official reception and representation expenses.
Treasury Inspector General for Tax Administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase (not to exceed 150 for replacement only for
police-type use) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration; not to
exceed $6,000,000 for official travel expenses; and not to exceed
$500,000 for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General for
Tax Administration, $133,286,000; and of which not to exceed $1,500
shall be available for official reception and representation expenses.
Air Transportation Stabilization Program Account
For necessary expenses to administer the Air Transportation
Stabilization Board established by section 102 of the Air
Transportation Safety and System Stabilization Act (Public Law 107-42),
$2,750,000, to remain available until expended.
Treasury Building and Annex Repair and Restoration
For the repair, alteration, and improvement of the Treasury
Building and Annex, $10,000,000, to remain available until September
30, 2008.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with
financial intelligence activities, law enforcement, and financial
regulation; not to exceed $14,000 for official reception and
representation expenses; and for assistance to Federal law enforcement
agencies, with or without reimbursement, $73,630,000 of which not to
exceed $6,944,000 shall remain available until September 30, 2008; and
of which $8,521,000 shall remain available until September 30, 2007:
Provided, That funds appropriated in this account may be used to
procure personal services contracts.
Financial Management Service
Salaries and Expenses
For necessary expenses of the Financial Management Service,
$236,243,000, of which not to exceed $9,220,000 shall remain available
until September 30, 2008, for information systems modernization
initiatives; and of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Alcohol and Tobacco Tax and Trade Bureau
Salaries and Expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$91,126,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement.
United States Mint
United States Mint Public Enterprise Fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments. The aggregate amount
of new liabilities and obligations incurred during fiscal year 2006
under such section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not exceed
$26,768,000.
Bureau of the Public Debt
Administering the Public Debt
For necessary expenses connected with any public-debt issues of the
United States, $179,923,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $2,000,000 shall remain available until expended
for systems modernization: Provided, That the sum appropriated herein
from the general fund for fiscal year 2006 shall be reduced by not more
than $3,000,000 as definitive security issue fees and Treasury Direct
Investor Account Maintenance fees are collected, so as to result in a
final fiscal year 2006 appropriation from the general fund estimated at
$176,923,000. In addition, $70,000 to be derived from the Oil Spill
Liability Trust Fund to reimburse the Bureau for administrative and
personnel expenses for financial management of the Fund, as authorized
by section 1012 of Public Law 101-380.
Community Development Financial Institutions Fund
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and Financial
Institutions Act of 1994 (Public Law 103-325), including services
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for ES-3, $55,000,000, to
remain available until September 30, 2007, of which $4,000,000 shall be
for financial assistance, technical assistance, training and outreach
programs designed to benefit Native American, Native Hawaiian, and
Alaskan Native communities and provided primarily through qualified
community development lender organizations with experience and
expertise in community development banking and lending in Indian
country, Native American organizations, tribes and tribal organizations
and other suitable providers, and up to $13,500,000 may be used for
administrative expenses, including administration of the New Markets
Tax Credit, up to $6,000,000 may be used for the cost of direct loans,
and up to $250,000 may be used for administrative expenses to carry out
the direct loan program: Provided, That the cost of direct loans,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$11,000,000.
Internal Revenue Service
Processing, Assistance, and Management
(including rescission of funds)
For necessary expenses of the Internal Revenue Service for pre-
filing taxpayer assistance and education, filing and account services,
shared services support, general management and administration; and
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,136,578,000, of which up to
$4,100,000 shall be for the Tax Counseling for the Elderly Program, of
which $8,000,000 shall be available for low-income taxpayer clinic
grants, of which $1,500,000 shall be for the Internal Revenue Service
Oversight Board; and of which not to exceed $25,000 shall be for
official reception and representation expenses: Provided, That of
unobligated amounts available under this heading from previous
appropriations Acts, $20,000,000 shall be rescinded.
Tax Law Enforcement
(including transfer of funds)
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing litigation
support; conducting criminal investigation and enforcement activities;
securing unfiled tax returns; collecting unpaid accounts; conducting a
document matching program; resolving taxpayer problems through prompt
identification, referral and settlement; expanded customer service and
public outreach programs, strengthened enforcement activities, and
enhanced research efforts to reduce erroneous filings associated with
the earned income tax credit; compiling statistics of income and
conducting compliance research; purchase (for police-type use, not to
exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
and services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,725,756,000, of which not to exceed
$1,000,000 shall remain available until September 30, 2008, for
research; and of which $55,584,000 shall be for the Interagency Crime
and Drug Enforcement program: Provided, That up to $10,000,000 may be
transferred as necessary from this account to the IRS Processing,
Assistance, and Management appropriation or the IRS Information Systems
appropriation solely for the purposes of management of the Interagency
Crime and Drug Enforcement Program: Provided further, That up to
$10,000,000 may be transferred as necessary from this account to the
IRS Processing, Assistance, and Management appropriation or the IRS
Information Systems appropriation solely for the purposes of management
of the Earned Income Tax Credit compliance program and to reimburse the
Social Security Administration for the cost of implementing section
1090 of the Taxpayer Relief Act of 1997 (Public Law 105-33): Provided
further, That this transfer authority shall be in addition to any other
transfer authority provided in this Act.
Information Systems
For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information systems;
the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services
as authorized by 5 U.S.C. 3109, at such rates as may be determined by
the Commissioner, $1,598,967,000, of which $75,000,000 shall remain
available until September 30, 2007.
Business Systems Modernization
For necessary expenses of the Internal Revenue Service,
$199,000,000, to remain available until September 30, 2008, for the
capital asset acquisition of information technology systems, including
management and related contractual costs of said acquisitions,
including contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That none of these funds may be obligated until
the Internal Revenue Service submits to the Committees on
Appropriations, and such Committees approve, a plan for expenditure
that: (1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11; (2) complies with the Internal Revenue
Service's enterprise architecture, including the modernization
blueprint; (3) conforms with the Internal Revenue Service's enterprise
life cycle methodology; (4) is approved by the Internal Revenue
Service, the Department of the Treasury, and the Office of Management
and Budget; (5) has been reviewed by the Government Accountability
Office; and (6) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the Federal
Government.
Health Insurance Tax Credit Administration
(including rescission of funds)
For expenses necessary to implement the health insurance tax credit
included in the Trade Act of 2002 (Public Law 107-210), $20,210,000:
Provided, That of unobligated amounts available under this heading from
previous appropriations acts, $9,000,000 shall be rescinded.
Administrative Provisions--Internal Revenue Service
(including transfer of funds)

aca7ffd7608106721e9e9fa51162ce809c9c9ecead64869ac15a73e80edabed4

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.

5dce3587aba01c4a920f6396ac40d55838711b8681dc394fd299aa474359d787

program to ensure that Internal Revenue Service employees are trained
in taxpayers' rights, in dealing courteously with taxpayers, and in
cross-cultural relations.

d4d6185b1b2b088607fabf9e0681d8a389086cf8ef7d6c97042a0f8e584a2ae3

policies and procedures that will safeguard the confidentiality of
taxpayer information.

371c58ec97dce1a09de1eeb29ac26910c27a0e802b7382bc65a61fe62a4730d8

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.

c2eed5c98973c53599367f4389f052f73a2e1a67a2d90d7361e0a65f4560a2fe

available in this or any other Act or source to the Internal Revenue
Service may be used to reduce taxpayer services as proposed in fiscal
year 2006 until the Treasury Inspector General for Tax Administration
completes a study detailing the impact of such proposed reductions on
taxpayer compliance and taxpayer services, and the Internal Revenue
Service's plans for providing adequate alternative services, and
submits such study and plans to the Committees on Appropriations of the
House of Representatives and the Senate for approval: Provided, That no
funds shall be obligated by the Internal Revenue Service for such
purposes for 60 days after receipt of such study: Provided further,
That the Internal Revenue Service shall consult with stakeholder
organizations, including but not limited to, the National Taxpayer
Advocate, the Internal Revenue Service Oversight Board, the Treasury
Inspector General for Tax Administration, and Internal Revenue Service
employees with respect to any proposed or planned efforts by the
Internal Revenue Service to terminate or reduce significantly any
taxpayer service activity.

2bcc139ac152ef0cf3442408c7949d47d44c0a61305e7ea10b434d69de2dd564

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.

01cc53b4bf143ccfb78338ba2cc4729ddf2e7c8e71809aaf8c1ed4a25eb7a16e

Revenue Service, not less than $166,249,000 shall be available for
operating expenses of the Taxpayer Advocate Service, of which not less
than $141,311,650 shall be made available from the ``Tax Law
Enforcement'' account.

d04a9c2eb8ed239e22957465e997b5139bdad657a5cfc242c60b247cf7e0f36c

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.

0c8724595590f142aa462acd494e4e1b006e91b8aa6c9e9adf76973381cc127c

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)

848ab33a8ebb02a908fe104023e66459222f02c6939a42ef7a9c5bb78e13ee26

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.

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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.

ed07223d303719241bda41ebdce786125398e8cc836b2cb1e8da0680efabd449

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.

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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.

83ab3280e7e108935d0bb32ae6e8f7b3ac8da16b6af461936d149ff6fef6cf39

available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.

7372e6aad4c2b48c7b380dc37918d44deb5b26eda29363d89199ee6f9c73f3bf

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.

065dd80c914f5b720cf127469cb93c6c219b9e31bf9eace2708b22da44325478

note), is further amended by striking ``7 years'' and inserting ``8
years''.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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).

d1c1bd2adca37860c99ad0811e97a17cca33a3a18fb9fb983e2f7591d52c43fb

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.

ebe0bc8793a26965093a80f218596a5cee1c926a50dad40fe5e82f0199c24785

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.

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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.

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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.

2798f842c83f30577b432c4dcf97106d9634325152868ce6a0742ac155a31756

year 2006, in managing and disposing of any multifamily property that
is owned or held by the Secretary of Housing and Urban Development, the
Secretary shall maintain any rental assistance payments under section 8
of the United States Housing Act of 1937 that are attached to any
dwelling units in the property. To the extent the Secretary determines
that such a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such section 8,
based on consideration of the costs of maintaining such payments for
that property or other factors, the Secretary may, in consultation with
the tenants of that property, contract for project-based rental
assistance payments with an owner or owners of other existing housing
properties, or provide other rental assistance.

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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.

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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.

d81b03d7ff515d22a2e204a3c46914e2440da23dd026e9844bf14054fe08d1c1

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.

36133bd47cf9f73e8fffdda17fa2cd58ac32d64616623f431a3f0d42213b4c4f

Treasury Department FY2006 Appropriations bill — HR. 3058

Other Sections

DIVISION A

DIVISION B

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