[Appendix]
[Detailed Budget Estimates by Agency]
[General Provisions Government-Wide]
[From the U.S. Government Printing Office, www.gpo.gov]
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GENERAL PROVISIONS GOVERNMENT-WIDE
TITLE VIII--GENERAL PROVISIONS GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 801. Funds appropriated in this or any other Act may be used to
pay travel to the United States for the immediate family of employees
serving abroad in cases of death or life threatening illness of said
employee.
Sec. 802. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year [2006] 2007 shall obligate or expend any such funds, unless
such department, agency, or instrumentality has in place, and will
continue to administer in good faith, a written policy designed to
ensure that all of its workplaces are free from the illegal use,
possession, or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers and employees
of such department, agency, or instrumentality.
Sec. 803. 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. 804. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 805. Unless otherwise specified during the current fiscal year,
no part of any appropriation contained in this or any other Act shall be
used to pay the compensation of any officer or employee of the
Government of the United States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in the continental United States unless such
person: (1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of this Act
who, being eligible for citizenship, has filed a declaration of
intention to become a citizen of the United States prior to such date
and is actually residing in the United States; (3) is a person who owes
allegiance to the United States; (4) is an alien from Cuba, Poland,
South Vietnam, the countries of the former Soviet Union, or the Baltic
countries lawfully admitted to the United States for permanent
residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee
paroled in the United States after January 1, 1975; or (6) is a national
of the People's Republic of China who qualifies for adjustment of status
pursuant to the Chinese Student Protection Act of 1992 (Public Law 102-
404): Provided, That for the purpose of this section, an affidavit
signed by any such person shall be considered prima facie evidence that
the requirements of this section with respect to his or her status have
been complied with: Provided further, That any person making a false
affidavit shall be guilty of a felony, and, upon conviction, shall be
fined no more than $4,000 or imprisoned for not more than 1 year, or
both: Provided further, That the above penal clause shall be in addition
to, and not in substitution for, any other provisions of existing law:
Provided further, That any payment made to any officer or employee
contrary to the provisions of this section shall be recoverable in
action by the Federal Government. This section shall not apply to
citizens of Ireland, Israel, or the Republic of the Philippines, or to
nationals of those countries allied with the United States in a current
defense effort, or to international broadcasters employed by the United
States Information Agency, or to temporary employment of translators, or
to temporary employment in the field service (not to exceed 60 days) as
a result of emergencies.
Sec. 806. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
law.
Sec. 807. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and recycling
programs as described in Executive Order No. 13101 (September 14,
1998), including any such programs adopted prior to the effective
date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and implementation of
hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as deemed
appropriate by the head of the Federal agency.
Sec. 808. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the expenditure
of such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the event any functions budgeted as
administrative expenses are subsequently transferred to or paid from
other funds, the limitations on administrative expenses shall be
correspondingly reduced.
[Sec. 809. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after the
Senate has voted not to approve the nomination of said person.]
Sec. [810] 809. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees, or
similar groups (whether or not they are interagency entities) which do
not have a prior and specific statutory approval to receive financial
support from more than one agency or instrumentality.
Sec. [811] 810. Funds made available by this or any other Act to the
Postal Service Fund (39 U.S.C. 2003) shall be available for employment
of guards for all buildings and areas owned or occupied by the Postal
Service or under the charge and control of the Postal Service. The
Postal Service may give such guards, with respect to such property, any
of the powers of special policemen provided under 40 U.S.C. 1315. The
Postmaster General, or his designee, may take any action that the
Secretary of Homeland Security may take under such section with respect
to that property.
Sec. [812] 811. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a joint
resolution duly adopted in accordance with the applicable law of the
United States.
Sec. [813] 812. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year [2006] 2007, 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--
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(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous fiscal
years until the normal effective date of the applicable wage survey
adjustment that is to take effect in fiscal year [2006] 2007, in an
amount that exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with such
section; and
(2) during the period consisting of the remainder of fiscal year
[2006] 2007, in an amount that exceeds, as a result of a wage survey
adjustment, the rate payable under paragraph (1) by more than the
sum of--
(A) the percentage adjustment taking effect in fiscal
year [2006] 2007 under section 5303 of title 5, United
States Code, in the rates of pay under the General Schedule;
and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year [2006] 2007 under section 5304
of such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in the previous fiscal year under such section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from a schedule
not in existence on September 30, [2005] 2006, shall be determined under
regulations prescribed by the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this section may not be changed from the rates
in effect on September 30, [2005] 2006, except to the extent determined
by the Office of Personnel Management to be consistent with the purpose
of this section.
(e) This section shall apply with respect to pay for service
performed after September 30, [2005] 2006.
(f) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or require
the payment to any employee covered by this section at a rate in excess
of the rate that would be payable were this section not in effect.
(h) The Office of Personnel Management may provide for exceptions to
the limitations imposed by this section if the Office determines that
such exceptions are necessary to ensure the recruitment or retention of
qualified employees.
Sec. [814] 813. During the period in which the head of any
department or agency, or any other officer or civilian employee of the
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is [expressly approved by] 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. [815] 814. Notwithstanding section 1346 of title 31, United
States Code, or section 809 of this Act, funds made available for the
current fiscal year by this or any other Act shall be available for the
interagency funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. [816] 815. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal department,
agency, or other instrumentality for the salaries or expenses of any
employee appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section 3302
of title 5, United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that the
Schedule C position was not created solely or primarily in order to
detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the Department of
State;
(6) any agency, office, or unit of the Army, Navy, Air Force,
and Marine Corps, the Department of Homeland Security, the Federal
Bureau of Investigation and the Drug Enforcement Administration of
the Department of Justice, the Department of Transportation, the
Department of the Treasury, and the Department of Energy performing
intelligence functions; and
(7) the Director of National Intelligence or the Office of the
Director of National Intelligence.
Sec. [817] 816. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other Act
for the current fiscal year shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place, and
will continue to administer in good faith, a written policy designed to
ensure that all of its workplaces are free from discrimination and
sexual harassment and that all of its workplaces are not in violation of
title VII of the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat.
241), as amended, the Age Discrimination in Employment Act of 1967
(Public Law 90-202, 81 Stat. 602), and the Rehabilitation Act of 1973
(Public Law 93-112, 87 Stat. 355).
Sec. [818] 817. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any other officer or employee of the Federal Government
from having any direct oral or written communication or contact with
any Member, committee, or subcommittee of the Congress in connection
with any matter pertaining to the employment of such other officer
or employee or pertaining to the department or agency of such other
officer or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other officer
or employee or in response to the request or inquiry of such Member,
committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes, reduces in
rank, seniority, status, pay, or performance of efficiency rating,
denies promotion to, relocates, reassigns, transfers, disciplines,
or discriminates in regard to any employment right, entitlement, or
benefit, or any term or condition of employment of, any other
officer or employee of the Federal Government, or attempts or
threatens to commit any of the foregoing actions with respect to
such other officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in paragraph
(1).
[Sec. 819. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious or
quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-915.022,
dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.]
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[Sec. 820. No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These restrictions are consistent with and do
not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order No.
12958; section 7211 of title 5, United States Code (governing
disclosures to Congress); section 1034 of title 10, United States Code,
as amended by the Military Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section 2302(b)(8)
of title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste, fraud, abuse
or public health or safety threats); the Intelligence Identities
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures
that could expose confidential Government agents); and the statutes
which protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of title 18,
United States Code, and section 4(b) of the Subversive Activities Act of
1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations,
rights, sanctions, and liabilities created by said Executive order and
listed statutes are incorporated into this agreement and are
controlling.'': Provided, That notwithstanding the preceding paragraph,
a nondisclosure policy form or agreement that is to be executed by a
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United States
Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose any
classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress or to an authorized official of an executive
agency or the Department of Justice that are essential to reporting a
substantial violation of law.]
Sec. [821] 818. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch, other than
for normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television or
film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. [822] 819. None of the funds appropriated by this or any other
Act may be used by an agency to provide a Federal employee's home
address to any labor organization except when the employee has
authorized such disclosure or when such disclosure has been ordered by a
court of competent jurisdiction.
[Sec. 823. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing or
telephone lists to any person or any organization outside of the Federal
Government without the approval of the Committees on Appropriations.]
Sec. [824] 820. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofor authorized by the Congress.
Sec. [825] 821. (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. [826] 822. Notwithstanding 31 U.S.C. 1346 and section [810] 809
of this Act, funds made available for the current fiscal year by this or
any other Act to any department or agency, which is a member of the
Federal Accounting Standards Advisory Board (FASAB), shall be available
to finance an appropriate share of FASAB administrative costs.
Sec. [827] 823. Notwithstanding 31 U.S.C. 1346 and section [910] 809
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 President's Management Council for overall management
improvement initiatives, 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] Chief
Acquisition Officers Council for procurement initiatives). The total
funds transferred or reimbursed shall not exceed [$10,000,000]
$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. [828] 824. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized to
be present at the location.
Sec. [829] 825. Nothwithstanding section 1346 of title 31, United
States Code, or section [810] 809 of this Act, funds made available for
the current fiscal year by this or any other Act shall be available for
the interagency funding of specific projects, workshops, studies, and
similar efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities: Provided,
That the Office of Management and Budget shall provide a report
describing the budget of and resources connected with the National
Science and Technology Council to the Committees on Appropriations, the
House Committee on Science, and the Senate Committee on Commerce,
Science, and Transportation 90 days after enactment of this Act.
Sec. [830] 826. 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. [831] 827. Subsection (f) of section 403 of Public Law 103-356
(31 U.S.C. 501 note), as amended, is further amended by striking
``October 1, [2005''] 2006'' and inserting ``October 1, [2006'':
Provided, That this provision shall not apply to the Department of
Homeland Security] 2007''.
Sec. [832] 828. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable
information relating to an individual's access to or use of any
Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party (including
another government agency) to collect, review, or obtain any
aggregation of data, derived from any means, that includes any
personally identifiable information relating to an individual's
access to or use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and is
necessarily incident to providing the Internet site services or to
protecting the rights or property of the provider of the Internet
site.
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(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to implement,
interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the agency's
supervised institutions, including assessing safety and soundness,
overall financial condition, management practices and policies and
compliance with applicable standards as provided in law.
Sec. [833] 829. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
[Sec. 834. The Congress of the United States recognizes the United
States Anti-Doping Agency (USADA) as the official anti-doping agency for
Olympic, Pan American, and Paralympic sport in the United States.]
Sec. [835] 830. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
[Sec. 836. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).]
[Sec. 837. (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. [838] 831. 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. 839. Notwithstanding section 1346 of title 31, United States
Code, and section 809 of this Act and any other provision of law, the
head of each appropriate executive department and agency shall transfer
to or reimburse the Federal Aviation Administration, upon the direction
of the Director of the Office of Management and Budget, funds made
available by this or any other Act for the purposes described below, and
shall submit budget requests for such purposes. These funds shall be
administered by the Federal Aviation Administration, in consultation
with the appropriate interagency groups designated by the Director and
shall be used to ensure the uninterrupted, continuous operation of the
Midway Atoll Airfield by the Federal Aviation Administration pursuant to
an operational agreement with the Department of the Interior for the
entirety of fiscal year 2006 and any period thereafter that precedes the
enactment of the Transportation, Treasury, the Judiciary, Housing and
Urban Development, and Related Agencies Appropriations Act, 2007. The
Director of the Office of Management and Budget shall mandate the
necessary transfers after determining an equitable allocation between
the appropriate executive departments and agencies of the responsibility
for funding the continuous operation of the Midway Atoll Airfield based
on, but not limited to, potential use, interest in maintaining aviation
safety, and applicability to governmental operations and agency mission.
The total funds transferred or reimbursed shall not exceed $6,000,000
for any twelve-month period. Such sums shall be sufficient to ensure
continued operation of the airfield throughout the period cited above.
Funds shall be available for operation of the airfield or airfield-
related capital upgrades. 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. 840. 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. [841] 832. (a) No funds shall be available for transfers or
reimbursements to the E-Government Initiatives sponsored by the Office
of Management and Budget (OMB) prior to 15 days following submission of
a report to the Committees on Appropriations by the Director of the
Office of Management and Budget [and receipt of approval to transfer
funds by the House and Senate Committees on Appropriations].
(b) The report in (a) shall detail--
(1) the amount proposed for transfer for any department and
agency by program office, bureau, or activity, as appropriate;
(2) the specific use of funds;
(3) the relevance of that use to that department or agency and
each bureau or office within, which is contributing funds; and
(4) a description on any such activities for which funds were
appropriated that will not be implemented or partially implemented
by the department or agency as a result of the transfer.
(c) Submission of such report shall fulfill reprogramming procedures
and requirements for E-Government Initiatives in this or any other
appropriation Act.
[Sec. 842. (a) Requirement for Public-Private Competition.--
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this or any other Act shall be available to
convert to contractor performance an activity or function of an
executive agency, that on or after the date of enactment of this
Act, is performed by more than 10 Federal employees unless--
(A) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function; and
(B) the Competitive Sourcing Official determines that,
over all performance periods stated in the solicitation of
offers for performance of the activity or function, the cost
of performance of the activity or function by a contractor
would be less costly to the executive agency by an amount
that equals or exceeds the lesser of--
(i) 10 percent of the most efficient organization's personnel-
related costs for performance of that activity or function by Federal
employees; or
(ii) $10,000,000.
(2) This paragraph shall not apply to--
(A) the Department of Defense;
(B) section 44920 of title 49, United States Code;
[[Page 13]]
(C) a commercial or industrial type function that--
(i) is included on the procurement list established pursuant to
section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47); or
(ii) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency for
other severely handicapped individuals in accordance with that Act;
(D) depot contracts or contracts for depot maintenance
as provided in sections 2469 and 2474 of title 10, United
States Code; or
(E) activities that are the subject of an ongoing
competition that was publicly announced prior to the date of
enactment of this Act.
(b) Use of Public-Private Competition.--Nothing in Office of
Management and Budget Circular A-76 shall prevent the head of an
executive agency from conducting a public-private competition to
evaluate the benefits of converting work from contract performance to
performance by Federal employees in appropriate instances. The Circular
shall provide procedures and policies for these competitions that are
similar to those applied to competitions that may result in the
conversion of work from performance by Federal employees to performance
by a contractor.]
[Sec. 843. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year 2006
under sections 5303 and 5304 of title 5, United States Code, shall be an
increase of 3.1 percent, and this adjustment shall apply to civilian
employees in the Department of Defense and the Department of Homeland
Security and such adjustments shall be effective as of the first day of
the first applicable pay period beginning on or after January 1, 2006.
(b) Notwithstanding section 813 of this Act, the adjustment in rates
of basic pay for the statutory pay systems that take place in fiscal
year 2006 under sections 5344 and 5348 of title 5, United States Code,
shall be no less than the percentage in paragraph (a) as employees in
the same location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under section 5303 and 5304 of title 5, United
States Code. Prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303 and 5304 of
title 5 and prevailing rate employees described in section 5343(a)(5) of
title 5 shall be considered to be located in the pay locality designated
as ``Rest of US'' pursuant to section 5304 of title 5 for purposes of
this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or agency
for salaries and expenses for fiscal year 2006.]
Sec. [844] 833. Unless otherwise authorized by existing law, none of
the funds provided in this Act or any other Act may be used by an
executive branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
[Sec. 845. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act) or of section 552.224 of title 48
of the Code of Federal Regulations.]
Sec. [846] 834. Each executive department and agency shall evaluate
the creditworthiness of an individual before issuing the individual a
government travel charge card. The department or agency may not issue a
government travel charge card to an individual that either lacks a
credit history or is found to have an unsatisfactory credit history as a
result of this evaluation: Provided, That this restriction shall not
preclude issuance of a restricted-use charge, debit, or stored value
card made in accordance with agency procedures to: (1) an individual
with an unsatisfactory credit history where such card is used to pay
travel expenses and the agency determines there is no suitable
alternative payment mechanism available before issuing the card; or (2)
an individual who lacks a credit history. Each executive department and
agency shall establish guidelines and procedures for disciplinary
actions to be taken against agency personnel for improper, fraudulent,
or abusive use of government charge cards, which shall include
appropriate disciplinary actions for use of charge cards for purposes,
and at establishments, that are inconsistent with the official business
of the Department or agency or with applicable standards of conduct.
Sec. 835. From funds made available in this Act under the headings
``White House Office'', ``Office of Management and Budget'', ``Office of
National Drug Control Policy'', ``Special Assistant to the President'',
``Official Residence of the Vice President'', ``Council on Environmental
Quality and Office of Environmental Quality'', ``Office of Science and
Technology Policy'', and ``Office of 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 House and Senate Committees on
Appropriations, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged with and
available for the same time and for the same purposes as the
appropriation to which transferred: Provided, That the amount of an
appropriation shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be transferred from
``Special Assistant to the President'' or ``Official Residence of the
Vice President'' without the approval of the Vice President.
Sec. 836. (a) The President may provide for adjustments in rates of
basic pay for employees under the statutory pay systems under sections
5303(b), 5304a, and 5305 of title 5, United States Code, in amounts not
to exceed an overall average increase in General Schedule payroll of 2.2
percent in fiscal year 2007. This provision shall not require an
adjustment to be made under section 5305 unless the President determines
good and sufficient evidence exists to support such an adjustment.
(b) 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 2007.
Sec. 837. Federal Real Property Disposal Pilot Program.
(a) Chapter 5 of subtitle I of title 40, United States Code, is
amended by adding at the end the following new subchapter:
``Subchapter VII--Expedited Disposal of Real Property
``Sec. 621. Pilot Program
``(a) The Director of the Office of Management and Budget (in this
subchapter referred to as the `Director') is authorized to conduct a
pilot program, to be known as the `Federal Real Property Disposal Pilot
Program', under which real property that is not meeting Federal
Government needs may be disposed of in accordance with this subchapter.
``(b) For purposes of this subchapter, the Director shall identify
criteria for determining whether real property is not meeting Federal
Government needs.
``(c) The Federal Real Property Disposal Pilot Program shall
terminate 5 years after the date of the enactment of this subchapter.
``Sec. 622. Selection of real properties
``Agencies will recommend candidate disposition properties to the
Director for participation in the pilot program. The Director, with the
concurrence of the head of the executive agency concerned and consistent
with the criteria established in section 621, may then select such
candidate properties for participation in the pilot program and notify
the recommending agency accordingly.
``Sec. 623. Expedited disposal requirements
``(a) For purposes of the pilot program, an ``expedited disposal of
a real property'' is a sale of real property for cash that is conducted
pursuant to the requirements of section 545 of this title.
``(b) Real property sold under the pilot program must be sold at not
less than the fair market value as determined by the Director in
consultation with the head of the executive agency. Costs associated
with disposal may not exceed the fair market value of the property
unless the Director approves incurring such costs.
``(c) A real property may be sold under the pilot program only if
the property will generate monetary proceeds to the Federal Government,
as provided in subsection (b). A disposal of real property under the
pilot program may not include any exchange, trade, transfer, acquisition
of like-kind property, or other non-cash transaction as part of the
disposal.
``(d) Nothing in this subchapter shall be construed as terminating
or in any way limiting authorities that are otherwise available to
agencies under other provisions of law to dispose of Federal real
property, except as provided in subsection (e).
``(e) Any expedited disposal of a real property conducted under this
section shall not be subject to--
``(1) subchapter IV of this chapter;
``(2) sections 550 and 553 of title 40, United States Code;
``(3) section 501 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11411);
``(4) any other provision of law authorizing the no-cost
conveyance of real property owned by the Federal Government; or
``(5) any congressional notification requirement other than that
in section 545 of this title.
``Sec. 624. Special rules for deposit and use of proceeds from
expedited disposals
[[Page 14]]
``(a) Agencies that conduct expedited disposals of real properties
under this subchapter shall be reimbursed from the proceeds for the
administrative expenses associated with the disposal of such properties.
Such amounts will be credited as offsetting collections to the account
that incurred such expenses, to remain available until expended without
further appropriations.
``(b) After payment of such administrative costs, the balance of the
proceeds shall be distributed as follows:
``(1) 80 percent shall be deposited into the Treasury as
miscellaneous receipts; and
``(2) 20 percent shall be deposited into the account of the agency
that owned the real property and initiated the disposal action. Such
funds shall be available without further appropriation, to remain
available for the period of the pilot program, for activities related to
Federal real property capital improvements and disposal activities. Upon
termination of the pilot program, any unobligated amounts shall be
transferred to the general fund of the Treasury.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of subtitle I of title 40, United States Code, is amended by
inserting after the item relating to section 611 the following:
``Subchapter VII--Expedited Disposal of Real Property
``621. Requirement for pilot program.
``622. Selection of real properties and termination of pilot
program.
``623. Expedited disposal requirements.
``624. Special rules for deposit and use of proceeds from expedited
disposals.''.
Sec. [847] 838. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be treated as
referring only to the provisions of this division. (Transportation,
Treasury, Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006.)
[Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby
rescinded an amount equal to 1 percent of--
(1) the budget authority provided (or obligation limit imposed)
for fiscal year 2006 for any discretionary account of this Act and
in any other fiscal year 2006 appropriation Act;
(2) the budget authority provided in any advance appropriation
for fiscal year 2006 for any discretionary account in any prior
fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2006 for any
program subject to limitation contained in any fiscal year 2006
appropriation Act.
(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).
(c) Exceptions.--This section shall not apply--
(1) to discretionary budget authority that has been designated
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006; or
(2) to discretionary authority appropriated or otherwise made
available to the Department of Veterans Affairs.
(d) OMB Report.--Within 30 days after the date of the enactment of
this section the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report specifying the account and
amount of each rescission made pursuant to this section.] (Emergency
Supplemental Appropriations Act to Address Hurricanes in the Gulf of
Mexico and Pandemic Influenza, 2006.)