[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.)
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