[Appendix]
[Detailed Budget Estimates by Agency]
[Government-Wide General Provisions ]
[From the U.S. Government Printing Office, www.gpo.gov]
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GOVERNMENT-WIDE GENERAL PROVISIONS
TITLE VI--GENERAL PROVISIONS
Departments, Agencies, and Corporations
Sec. 601. Funds appropriated in this or any other Act may be used to
pay travel to the United States for the immediate family of employees
serving abroad in cases of death or life threatening illness of said
employee.
Sec. 602. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year [2005] 2006 shall obligate or expend any such funds, unless
such department, agency, or instrumentality has in place, and will
continue to administer in good faith, a written policy designed to
ensure that all of its workplaces are free from the illegal use,
possession, or distribution of controlled substances (as defined in the
Controlled Substances Act) by the officers and employees of such
department, agency, or instrumentality.
Sec. 603. Unless otherwise specifically provided, the maximum amount
allowable during the current fiscal year in accordance with section 16
of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any
passenger motor vehicle (exclusive of buses, ambulances, law
enforcement, and undercover surveillance vehicles), is hereby fixed at
$8,100 except station wagons for which the maximum shall be $9,100:
Provided, That these limits may be exceeded by not to exceed $3,700 for
police-type vehicles, and by not to exceed $4,000 for special heavy-duty
vehicles: Provided further, That the limits set forth in this section
may not be exceeded by more than 5 percent for electric or hybrid
vehicles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and Demonstration Act
of 1976: Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels vehicles
acquired pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles.
Sec. 604. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 605. Unless otherwise specified during the current fiscal year,
no part of any appropriation contained in this or any other Act shall be
used to pay the compensation of any officer or employee of the
Government of the United States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in the continental United States unless such
person: (1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of this Act
who, being eligible for citizenship, has filed a declaration of
intention to become a citizen of the United States prior to such date
and is actually residing in the United States; (3) is a person who owes
allegiance to the United States; (4) is an alien from Cuba, Poland,
South Vietnam, the countries of the former Soviet Union, or the Baltic
countries lawfully admitted to the United States for permanent
residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee
paroled in the United States after January 1, 1975; or (6) is a national
of the People's Republic of China who qualifies for adjustment of status
pursuant to the Chinese Student Protection Act of 1992: Provided, That
for the purpose of this section, an affidavit signed by any such person
shall be considered prima facie evidence that the requirements of this
section with respect to his or her status have been complied with:
Provided further, That any person making a false affidavit shall be
guilty of a felony, and, upon conviction, shall be fined no more than
$4,000 or imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to, and not in
substitution for, any other provisions of existing law: Provided
further, That any payment made to any officer or employee contrary to
the provisions of this section shall be recoverable in action by the
Federal Government. This section shall not apply to citizens of Ireland,
Israel, or the Republic of the Philippines, or to nationals of those
countries allied with the United States in a current defense effort, or
to international broadcasters employed by the United States Information
Agency, or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a result of
emergencies.
Sec. 606. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
law.
Sec. 607. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and recycling
programs as described in Executive Order No. 13101 (September 14,
1998), including any such programs adopted prior to the effective
date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and implementation of
hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as deemed
appropriate by the head of the Federal agency.
Sec. 608. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the expenditure
of such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the event any functions budgeted as
administrative expenses are subsequently transferred to or paid from
other funds, the limitations on administrative expenses shall be
correspondingly reduced.
[Sec. 609. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after the
Senate has voted not to approve the nomination of said person.]
Sec. [610] 609. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees, or
similar groups (whether or not they are interagency entities) which do
not have a prior and specific statutory approval to receive financial
support from more than one agency or instrumentality.
Sec. [611] 610. Funds made available by this or any other Act to the
Postal Service Fund (39 U.S.C. 2003) shall be available for employment
of guards for all buildings and areas owned or occupied by the Postal
Service [and] or under the charge and control of the Postal Service[,
and]. The Postal Service may give such guards [shall have], with respect
to such property, any of the powers of special policemen provided [by
the first section of the Act of June 1, 1948, as amended (62 Stat. 281;
40 U.S.C. 318), and, as to property owned or occupied by the Postal
Service, the Postmaster General may take the same actions as the
Administrator of General Services may take under the provisions of
sections 2 and 3 of the Act of June 1, 1948, as amended (62 Stat. 281;
40 U.S.C. 318a and 318b), attaching thereto penal consequences under the
authority and within the limits provided in section 4 of the Act of June
1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318c] under 40 U.S.C. 1315.
The Postmaster General, or his designee, may take any action that the
Secretary of Homeland Security may take under such section with respect
to that property.
Sec. [612] 611. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer,
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or enforce any regulation which has been disapproved pursuant to a joint
resolution [of disapproval] duly adopted in accordance with the
applicable law of the United States.
Sec. [613] 612. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year [2005] 2006, by this or any other
Act, may be used to pay any prevailing rate employee described in
section 5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous fiscal
years until the normal effective date of the applicable wage survey
adjustment that is to take effect in fiscal year [2005] 2006, in an
amount that exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with such
section; and
(2) during the period consisting of the remainder of fiscal year
[2005] 2006, in an amount that exceeds, as a result of a wage survey
adjustment, the rate payable under paragraph (1) by more than the
sum of--
(A) the percentage adjustment taking effect in fiscal
year [2005] 2006 under section 5303 of title 5, United
States Code, in the rates of pay under the General Schedule;
and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year [2005] 2006 under section 5304
of such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in the previous fiscal year under such section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from a schedule
not in existence on September 30, [2004] 2005, shall be determined under
regulations prescribed by the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this section may not be changed from the rates
in effect on September 30, [2004] 2005, except to the extent determined
by the Office of Personnel Management to be consistent with the purpose
of this section.
(e) This section shall apply with respect to pay for service
performed after September 30, [2004] 2005.
(f) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or require
the payment to any employee covered by this section at a rate in excess
of the rate that would be payable were this section not in effect.
(h) The Office of Personnel Management may provide for exceptions to
the limitations imposed by this section if the Office determines that
such exceptions are necessary to ensure the recruitment or retention of
qualified employees.
Sec. [614] 613. During the period in which the head of any
department or agency, or any other officer or civilian employee of the
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is [expressly approved by] transmitted to the Committees on
Appropriations. For the purposes of this section, the term ``office''
shall include the entire suite of offices assigned to the individual, as
well as any other space used primarily by the individual or the use of
which is directly controlled by the individual.
Sec. [615] 614. Notwithstanding section 1346 of title 31, United
States Code, or section [610] 609 of this Act, funds made available for
the current fiscal year by this or any other Act shall be available for
the interagency funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. [616] 615. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal department,
agency, or other instrumentality for the salaries or expenses of any
employee appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section 3302
of title 5, United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that the
Schedule C position was not created solely or primarily in order to
detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the Department of
State;
(6) any agency, office, or unit of the Army, Navy, Air Force,
and Marine Corps, the Department of Homeland Security, the Federal
Bureau of Investigation and the Drug Enforcement Administration of
the Department of Justice, the Department of Transportation, the
Department of the Treasury, and the Department of Energy performing
intelligence functions; and
(7) the Director of [Central] National Intelligence or the
Office of the Director of National Intelligence.
Sec. [617] 616. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other Act
for the current fiscal year shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place, and
will continue to administer in good faith, a written policy designed to
ensure that all of its workplaces are free from discrimination and
sexual harassment and that all of its workplaces are not in violation of
title VII of the Civil Rights Act of 1964, as amended, the Age
Discrimination in Employment Act of 1967, and the Rehabilitation Act of
1973.
Sec. [618] 617. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any other officer or employee of the Federal Government
from having any direct oral or written communication or contact with
any Member, committee, or subcommittee of the Congress in connection
with any matter pertaining to the employment of such other officer
or employee or pertaining to the department or agency of such other
officer or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other officer
or employee or in response to the request or inquiry of such Member,
committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes, reduces in
rank, seniority, status, pay, or performance of efficiency rating,
denies promotion to, relocates, reassigns, transfers, disciplines,
or discriminates in regard to any employment right, entitlement, or
benefit, or any term or condition of employment of, any other
officer or employee of the Federal Government, or attempts or
threatens to commit any of the foregoing actions with respect to
such other officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in paragraph
(1).
[Sec. 619. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious or
quasi-religious belief systems or ``new age'' belief systems as
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defined in Equal Employment Opportunity Commission Notice N-915.022,
dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.]
[Sec. 620. No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These restrictions are consistent with and do
not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order No.
12958; section 7211 of title 5, United States Code (governing
disclosures to Congress); section 1034 of title 10, United States Code,
as amended by the Military Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section 2302(b)(8)
of title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste, fraud, abuse
or public health or safety threats); the Intelligence Identities
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures
that could expose confidential Government agents); and the statutes
which protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of title 18,
United States Code, and section 4(b) of the Subversive Activities Act of
1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations,
rights, sanctions, and liabilities created by said Executive order and
listed statutes are incorporated into this agreement and are
controlling.'': Provided, That notwithstanding the preceding paragraph,
a nondisclosure policy form or agreement that is to be executed by a
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United States
Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose any
classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress or to an authorized official of an executive
agency or the Department of Justice that are essential to reporting a
substantial violation of law.]
Sec. [621] 618. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch, other than
for normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television or
film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. [622] 619. None of the funds appropriated by this or any other
Act may be used by an agency to provide a Federal employee's home
address to any labor organization except when the employee has
authorized such disclosure or when such disclosure has been ordered by a
court of competent jurisdiction.
[Sec. 623. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing or
telephone lists to any person or any organization outside of the Federal
Government without the approval of the Committees on Appropriations.]
Sec. [624] 620. No part of any appropriation contained in this or
any other Act shall be used for publicity or propaganda purposes within
the United States not heretofor authorized by the Congress.
Sec. [625] 621. (a) In this section the term ``agency''--
(1) means an Executive agency as defined under section 105 of
title 5, United States Code;
(2) includes a military department as defined under section 102
of such title, the Postal Service, and the Postal Rate Commission;
and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under section 6301(2) of title 5, United States Code, has an
obligation to expend an honest effort and a reasonable proportion of
such employee's time in the performance of official duties.
[Sec. 626. Notwithstanding 31 U.S.C. 1346 and section 610 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Joint
Financial Management Improvement Program (JFMIP), shall be available to
finance an appropriate share of JFMIP administrative costs, as
determined by the JFMIP, but not to exceed a total of $800,000 including
the salary of the Executive Director and staff support.]
Sec. [627] 622. Notwithstanding 31 U.S.C. 1346 and section [610] 609
of this Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide financial, information technology, procurement, and
other management innovations, initiatives, and activities, as approved
by the Director of the Office of Management and Budget, in consultation
with the appropriate interagency groups designated by the Director
(including the Chief Financial Officers Council [and the Joint Financial
Management Improvement Program] for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, and the Federal Acquisition Council for procurement
initiatives). The total funds transferred or reimbursed shall not exceed
$17,000,000. Such transfers or reimbursements may only be made 15 days
following notification of the Committees on Appropriations by the
Director of the Office of Management and Budget.
[Sec. 628. None of the funds made available in this or any other Act
may be used by the Office of Personnel Management or any other
department or agency of the Federal Government to prohibit any agency
from using appropriated funds as they see fit to independently contract
with private companies to provide online employment applications and
processing services.]
Sec. [629] 623. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized to
be present at the location.
Sec. [630] 624. Nothwithstanding section 1346 of title 31, United
States Code, or section [610] 609 of this Act, funds made available for
the current fiscal year by this or any other Act shall be available for
the interagency funding of specific projects, workshops, studies, and
similar efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities: Provided,
That the Office of Management and Budget shall provide a report
describing the budget of and resources connected with the National
Science and Technology Council to the Committees on Appropriations, the
House Committee on Science; and the Senate Committee on Commerce,
Science, and Transportation 90 days after enactment of this Act.
Sec. [631] 625. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: Provided, That this provision
shall apply to direct payments, formula funds, and grants received by a
State receiving Federal funds.
Sec. [632] 626. Subsection (f) of section 403 of Public Law 103-356
(31 U.S.C. 501 note), as amended, is further amended by striking
``October 1, [2004] 2005'' and inserting ``October 1, [2005] 2006''.
Sec. [633] 627. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable
information relating to an individual's access to or use of any
Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party (including
another government agency) to collect, review, or obtain any
aggregation of data, derived from any means, that includes any
personally identifiable information relating to an individual's
access to or use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
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(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and is
necessarily incident to [the rendition of] providing the Internet
site services or to [the protection of] protecting the rights or
property of the provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to implement,
interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the agency's
supervised institutions, including assessing safety and soundness,
overall financial condition, management practices and policies and
compliance with applicable standards as provided in law.
Sec. [634] 628. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF [Health Plans, Inc.] HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
[Sec. 635. The Congress of the United States recognizes the United
States Anti-Doping Agency (USADA) as the official anti-doping agency for
Olympic, Pan American, and Paralympic sport in the United States.]
Sec. [636] 629. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
[Sec. 637. None of the funds made available under this or any other
Act for fiscal year 2005 and each fiscal year thereafter shall be
expended for the purchase of a product or service offered by Federal
Prison Industries, Inc., unless the agency making such purchase
determines that such offered product or service provides the best value
to the buying agency pursuant to governmentwide procurement regulations,
issued pursuant to section 25(c)(1) of the Office of Federal Procurement
Act (41 U.S.C. 421(c)(1)) that impose procedures, standards, and
limitations of section 2410n of title 10, United States Code.]
[Sec. 638. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).]
Sec. [639] 630. Each Executive department and agency shall evaluate
the creditworthiness of an individual before issuing the individual a
government purchase charge card or government travel charge card. The
department or agency may not issue a government purchase charge card or
government travel charge card to an individual that either lacks a
credit history or is found to have an unsatisfactory credit history as a
result of this evaluation: Provided, That this restriction shall not
preclude issuance of a restricted-use charge, debit, or stored value
card made in accordance with agency procedures to: (1) an individual
with an unsatisfactory credit history where such card is used to pay
travel expenses and the agency determines there is no suitable
alternative payment mechanism available before issuing the card; or (2)
an individual who lacks a credit history. Each Executive department and
agency shall establish guidelines and procedures for disciplinary
actions to be taken against agency personnel for improper, fraudulent,
or abusive use of government charge cards, which shall include
appropriate disciplinary actions for use of charge cards for purposes,
and at establishments, that are inconsistent with the official business
of the Department or agency or with applicable standards of conduct.
[Sec. 640. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year 2005
under sections 5303 and 5304 of title 5, United States Code, shall be an
increase of 3.5 percent, and this adjustment shall apply to civilian
employees in the Department of Defense and the Department of Homeland
Security and such adjustments shall be effective as of the first day of
the first applicable pay period beginning on or after January 1, 2005.
(b) Notwithstanding section 613 of this Act, the adjustment in rates
of basic pay for the statutory pay systems that take place in fiscal
year 2005 under sections 5344 and 5348 of title 5, United States Code,
shall be no less than the percentage in paragraph (a) as employees in
the same location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under section 5303 and 5304 of title 5, United
States Code. Prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303 and 5304 of
title 5 and prevailing rate employees described in section 5343(a)(5) of
title 5 shall be considered to be located in the pay locality designated
as ``Rest of US'' pursuant to section 5304 of title 5 for purposes of
this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or agency
for salaries and expenses for fiscal year 2005.]
[Sec. 641. (a) Not later than 180 days after the end of the fiscal
year, the head of each Federal agency shall submit a report to Congress
on the amount of the acquisitions made by the agency from entities that
manufacture the articles, materials, or supplies outside of the United
States in that fiscal year.
(b) The report required by subsection (a) shall separately
indicate--
(1) the dollar value of any articles, materials, or supplies
purchased that were manufactured outside of the United States;
(2) an itemized list of all waivers granted with respect to such
articles, materials, or supplies under the Buy American Act (41
U.S.C. 10a et seq.); and
(3) a summary of the total procurement funds spent on goods
manufactured in the United States versus funds spent on goods
manufactured outside of the United States.
(c) The head of each Federal agency submitting a report under
subsection (a) shall make the report publicly available to the maximum
extent practicable.
(d) This section shall not apply to acquisitions made by an agency,
or component thereof, that is an element of the intelligence community
as set forth in or designated under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).]
Sec. [642] 631. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or lease any
additional facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal law
enforcement training without [the] advance [approval] notification of
the Committees on Appropriations, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
[Sec. 643. Section 653(j) of title 42, United States Code, is
amended by adding at the end the following new paragraph:
``(7) Information comparisons and disclosure to assist in
federal debt collection.--
``(A) Furnishing of information by the secretary of the
treasury.--The Secretary of the Treasury shall furnish to
the Secretary, on such periodic basis as determined by the
Secretary of the Treasury in consultation with the
Secretary, information in the custody of the Secretary of
the Treasury for comparison with information in the National
Directory of New Hires, in order to obtain information in
such Directory with respect to persons--
``(i) who owe delinquent nontax debt to the United States;
and
``(ii) whose debt has been referred to the Secretary of the
Treasury in accordance with 31 U.S.C. 3711(g).
[[Page 13]]
``(B) Requirement to seek minimum information.--The
Secretary of the Treasury shall seek information pursuant to
this section only to the extent necessary to improve
collection of the debt described in subparagraph (A).
``(C) Duties of the secretary.--
``(i) Information disclosure.--The Secretary, in cooperation
with the Secretary of the Treasury, shall compare information in
the National Directory of New Hires with information provided by
the Secretary of the Treasury with respect to persons described
in subparagraph (A) and shall disclose information in such
Directory regarding such persons to the Secretary of the
Treasury in accordance with this paragraph, for the purposes
specified in this paragraph. Such comparison of information
shall not be considered a matching program as defined in 5
U.S.C. 552a.
``(ii) Condition on disclosure.--The Secretary shall make
disclosures in accordance with clause (i) only to the extent
that the Secretary determines that such disclosures do not
interfere with the effective operation of the program under this
part. Support collection under section 466(b) of this title
shall be given priority over collection of any delinquent
Federal nontax debt against the same income.
``(D) Use of information by the secretary of the
treasury.--The Secretary of the Treasury may use information
provided under this paragraph only for purposes of
collecting the debt described in subparagraph (A).
``(E) Disclosure of information by the secretary of the
treasury.--
``(i) Purpose of disclosure.--The Secretary of the Treasury
may make a disclosure under this subparagraph only for purposes
of collecting the debt described in subparagraph (A).
``(ii) Disclosures permitted.--Subject to clauses (iii) and
(iv), the Secretary of the Treasury may disclose information
resulting from a data match pursuant to this paragraph only to
the Attorney General in connection with collecting the debt
described in subparagraph (A).
``(iii) Conditions on disclosure.--Disclosures under this
subparagraph shall be--
``(I) made in accordance with data security and control policies
established by the Secretary of the Treasury and approved by
the Secretary;
``(II) subject to audit in a manner satisfactory to the Secretary;
and
``(III) subject to the sanctions under subsection (l)(2).
``(iv) Additional disclosures.--
``(I) Determination by secretaries.--The Secretary of the Treasury
and the Secretary shall determine whether to permit
disclosure of information under this paragraph to persons or
entities described in subclause (II), based on an evaluation
made by the Secretary of the Treasury (in consultation with
and approved by the Secretary), of the costs and benefits of
such disclosures and the adequacy of measures used to
safeguard the security and confidentiality of information so
disclosed.
``(II) Permitted persons or entities.--If the Secretary of the
Treasury and the Secretary determine pursuant to subclause
(I) that disclosures to additional persons or entities shall
be permitted, information under this paragraph may be
disclosed by the Secretary of the Treasury, in connection
with collecting the debt described in subparagraph (A), to a
contractor or agent of either Secretary and to the Federal
agency that referred such debt to the Secretary of the
Treasury for collection, subject to the conditions in clause
(iii) and such additional conditions as agreed to by the
Secretaries.
``(v) Restrictions on redisclosure.--A person or entity to
which information is disclosed under this subparagraph may use
or disclose such information only as needed for collecting the
debt described in subparagraph (A), subject to the conditions in
clause (iii) and such additional conditions as agreed to by the
Secretaries.
``(F) Reimbursement of hhs costs.--The Secretary of the
Treasury shall reimburse the Secretary, in accordance with
subsection (k)(3), for the costs incurred by the Secretary
in furnishing the information requested under this
paragraph. Any such costs paid by the Secretary of the
Treasury shall be considered costs of implementing 31 U.S.C.
3711(g) in accordance with 31 U.S.C. 3711(g)(6) and may be
paid from the account established pursuant to 31 U.S.C.
3711(g)(7).''.]
[Sec. 644. Notwithstanding section 1346 of title 31, United States
Code, and section 610 of this Act and any other provision of law, the
head of each appropriate executive department and agency shall transfer
to or reimburse the Federal Aviation Administration, upon the direction
of the Director of the Office of Management and Budget, funds made
available by this or any other Act for the purposes described below, and
shall submit budget requests for such purposes. These funds shall be
administered by the Federal Aviation Administration, in consultation
with the appropriate interagency groups designated by the Director and
shall be used to ensure the uninterrupted, continuous operation of the
Midway Atoll Airfield by the Federal Aviation Administration pursuant to
an operational agreement with the Department of the Interior for the
entirety of fiscal year 2005 and any period thereafter that precedes the
enactment of the Transportation, Treasury, and Independent Agencies
Appropriations Act, 2006. The Director of the Office of Management and
Budget shall mandate the necessary transfers after determining an
equitable allocation between the appropriate executive departments and
agencies of the responsibility for funding the continuous operation of
the Midway Atoll Airfield based on, but not limited to, potential use,
interest in maintaining aviation safety, and applicability to
governmental operations and agency mission. The total funds transferred
or reimbursed shall not exceed $6,000,000 for any twelve-month period.
Such sums shall be sufficient to ensure continued operation of the
airfield throughout the period cited above. Funds shall be available for
operation of the airfield or airfield-related capital upgrades. The
Director of the Office of Management and Budget shall notify the
Committees on Appropriations of such transfers or reimbursements within
15 days of this Act. Such transfers or reimbursements shall begin within
30 days of enactment of this Act.]
[Sec. 645. (a) Designation.--The United States Courthouse located at
95 Seventh Street in San Francisco, California, shall be known and
designated as the ``James R. Browning United States Courthouse''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the courthouse referred
to in subsection (a) shall be deemed to be a reference to the ``James R.
Browning United States Courthouse''.]
Sec. 632. From funds made available in this or any other Act under
the headings, ``The White House,'' ``Office of Management and Budget,''
``Office of National Drug Control Policy,'' ``Special Assistance to the
President and the Official Residence of Residence of the Vice
President,'' ``Council on Environmental Quality and Office of
Environmental Quality,'' ``Office of Science and Technology Policy,''
and ``Office of the United States Trade Representative,'' the Director
of the Office of Management and Budget (or such other officer as the
President may designate in writing), may, fifteen days after giving
notice to the Committees on Appropriations of the Senate and the House
of Representatives, transfer not to exceed ten percent of any such
appropriation to any other such appropriation, to be merged with and
available for the same time and for the same purposes as the
appropriation to which transferred: Provided, That the amount of an
appropriation shall not be increased by more than fifty percent by such
transfers: Provided further, That no amount shall be transferred from
the heading, ``Special Assistance to the President and the Official
Residence of the Vice President,'' without approval of the Vice
President.
Sec. 633. Section 4(b) of the Federal Activities Inventory Reform
Act of 1998 (Public Law 105-270) is amended by adding at the end the
following new paragraph:
``(5) Executive agencies with fewer than 100 full-time employees as
of the first day of the fiscal year. However, such an agency shall be
subject to section 2 to the extent it plans to conduct a public-private
competition for the performance of an activity that is not inherently
governmental.''.
Sec. 634. Section 647(b) of the Transportation, Treasury, and
Independent Agencies Appropriations Act, 2004, is amended by:
(1) striking ``Congress'' and inserting, ``the Office of
Management and Budget''; and
(2) striking ``The report shall include--`' and inserting, ``By
March 1 of each year, the Office of Management and Budget shall
prepare and submit to Congress a consolidated report, based on the
individual agency reports, that includes--''
(Transportation, Treasury, Independent Agencies, and General
Government Appropriations Act, 2005.)
[Sec. 122. (a) Across-the-Board Rescissions.--There is hereby
rescinded an amount equal to 0.80 percent of--
[[Page 14]]
(1) the budget authority provided (or obligation limitation
imposed) for fiscal year 2005 for any discretionary account in
divisions A through J of this Act and in any other fiscal year 2005
appropriation Act (except any fiscal year 2005 supplemental
appropriation Act, the Department of Homeland Security
Appropriations Act, 2005, the Department of Defense Appropriations
Act, 2005, or the Military Construction Appropriations Act, 2005);
(2) the budget authority provided in any advance appropriation
for fiscal year 2005 for any discretionary account in any prior
fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2005 for any
program subject to limitation contained in any division or
appropriation Act subject to paragraph (1).
(b) Proportionate Application.--Any rescission made by subsection
(a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program, project,
and activity (with programs, projects, and activities as delineated
in the appropriation Act or accompanying reports for the relevant
fiscal year covering such account or item, or for accounts and items
not included in appropriation Acts, as delineated in the most
recently submitted President's budget).] (Miscellaneous
Appropriations and Offsets Act, 2005.)