TITLE: B-306050, Procurement Provisions in Appropriations Acts, April 28, 2006
BNUMBER: B-306050
DATE: April 28, 2006
***********************************************************************
B-306050, Procurement Provisions in Appropriations Acts, April 28, 2006

   B-306050    

   April 28, 2006

   The Honorable Tom Davis

   Chairman, Committee on Government Reform

   House of Representatives

   Subject: Procurement Provisions in Appropriations Acts

   Dear Mr. Chairman:

   Legislation such as the Competition in Contracting Act and the Federal
   Acquisition Streamlining Act established a comprehensive acquisition
   framework to accommodate the needs of individual agencies while maximizing
   uniformity across the federal government. In your letter of July 1, 2005,
   you noted the committee's concern about the potential impact of other
   legislation on Congress's efforts to promote a consistent, government-wide
   approach to procurement and asked GAO to review procurement related
   provisions appearing in recent appropriations legislation.

   Based on discussions with your staff, we agreed to identify and summarize
   procurement related provisions in several major annual appropriations acts
   over the past few years. In total, we examined thirty appropriations acts,
   or relevant divisions of consolidated acts, covering the Department of
   Defense (Table 1); Foreign Operations (Table 2); Interior (Table 3);
   Veterans Affairs and Housing and Urban Development (Table 4);
   Transportation and Treasury (Table 5); and Homeland Security (Table 6).
   Our review encompassed legislation passed for fiscal years 2001 through
   2005.

   We defined procurement-related provisions as those pertaining to the
   acquisition of goods or services by contract with appropriated funds. In
   this regard, we did not include provisions pertaining exclusively to
   grants or cooperative agreements, provisions dealing with acquisition of
   real property, provisions imposing programmatic restrictions, and
   provisions concerning nonappropriated fund acquisitions. Generally, the
   provisions we included in the enclosed tables created new acquisition
   requirements, carved specific exceptions to existing requirements, or
   reiterated existing requirements.

   Although we found a wide variety of procurement related provisions, three
   distinct categories emerged in our review: domestic preferences,
   notification and reporting requirements, and competitive sourcing
   provisions. The enclosed tables include each of these categories as well
   as a fourth miscellaneous category. Each table is made up of three column
   headings. The first includes a summary of the provision. The second lists
   the appropriations act heading under which the provision appears and
   includes the legislative text with citation. The last contains short
   citations to similar or identical provisions appearing in other
   appropriations legislation for fiscal years 2001 through 2005.

   Please contact me at (202) 512-6293 or Noah Bleicher at (202) 512-5078, if
   you have any questions about this review.

   Stephanie J. May

   Managing Associate General Counsel

   Enclosures

               Table 1: Department of Defense Appropriations Act

                             Fiscal Years 2001-2005

   +------------------------------------------------------------------------+
   |                          Domestic Preferences                          |
   |------------------------------------------------------------------------|
   |   Summary/Effect    |    Procurement Related     |  Similar/Identical  |
   |                     |         Provision          |    Provisions[1]    |
   |---------------------+----------------------------+---------------------|
   |Prohibits major      |Appropriations Act Heading: |FY 04: 117 Stat. 1064|
   |component of a naval |TITLE III - PROCUREMENT;    |                     |
   |vessel being         |Shipbuilding and Conversion,|FY 03: 116 Stat. 1530|
   |constructed or       |Navy                        |                     |
   |converted in US      |                            |FY 02: 115 Stat. 2240|
   |shipyards from being |Text: "For expenses         |                     |
   |constructed in a     |necessary for the           |FY 01: 114 Stat. 667 |
   |foreign facility or  |construction, acquisition,  |                     |
   |shipyard.            |or conversion of vessels as |                     |
   |                     |authorized by law . . .     |                     |
   |                     |Provided Further, That none |                     |
   |                     |of the funds provided under |                     |
   |                     |this heading for the        |                     |
   |                     |construction or conversion  |                     |
   |                     |of any naval vessel to be   |                     |
   |                     |constructed in shipyards in |                     |
   |                     |the United States shall be  |                     |
   |                     |expended in foreign         |                     |
   |                     |facilities for the          |                     |
   |                     |construction of major       |                     |
   |                     |components of such vessel. .|                     |
   |                     |. ."                        |                     |
   |                     |                            |                     |
   |                     |Pub. L. No. 108-287, 118    |                     |
   |                     |Stat. 962 (FY 05)           |                     |
   |---------------------+----------------------------+---------------------|
   |---------------------+----------------------------+---------------------|
   |In new contracts,    |Appropriations Act Heading: |FY 04: 117 Stat. 1068|
   |requires certain     |TITLE V - REVOLVING AND     |                     |
   |components (auxiliary|MANAGEMENT FUNDS; National  |FY 03: 116 Stat. 1534|
   |equipment, propulsion|Defense Sealift Fund        |                     |
   |system components;   |                            |FY 02: 115 Stat. 2244|
   |shipboard cranes and |Text: "For National Defense |                     |
   |spreaders) to be     |Sealift Fund programs,      |FY 01: 114 Stat. 671 |
   |manufactured in the  |projects, and activities,   |                     |
   |U.S.; permits waiver |and for expenses of the     |                     |
   |if certain conditions|National Defense Reserve    |                     |
   |are met.             |Fleet, as established by    |                     |
   |                     |section 11 of the Merchant  |                     |
   |                     |Ship Sales Act of 1946 (50  |                     |
   |                     |U.S.C. App. 1744), and for  |                     |
   |                     |the necessary expenses to   |                     |
   |                     |maintain and preserve a     |                     |
   |                     |U.S.-flag merchant fleet to |                     |
   |                     |serve the national security |                     |
   |                     |needs of the United States .|                     |
   |                     |. . Provided, That none of  |                     |
   |                     |the funds provided in this  |                     |
   |                     |paragraph shall be used to  |                     |
   |                     |award a new contract that   |                     |
   |                     |provides for the acquisition|                     |
   |                     |of any of the following     |                     |
   |                     |major components unless such|                     |
   |                     |components are manufactured |                     |
   |                     |in the United States:       |                     |
   |                     |auxiliary equipment,        |                     |
   |                     |including pumps, for all    |                     |
   |                     |shipboard services;         |                     |
   |                     |propulsion system components|                     |
   |                     |(that is; engines, reduction|                     |
   |                     |gears, and propellers);     |                     |
   |                     |shipboard cranes; and       |                     |
   |                     |spreaders for shipboard     |                     |
   |                     |cranes Provided further,    |                     |
   |                     |That the exercise of an     |                     |
   |                     |option in a contract awarded|                     |
   |                     |through the obligation of   |                     |
   |                     |previously appropriated     |                     |
   |                     |funds shall not be          |                     |
   |                     |considered to be the award  |                     |
   |                     |of a new contract: Provided |                     |
   |                     |further, That the Secretary |                     |
   |                     |of the military department  |                     |
   |                     |responsible for such        |                     |
   |                     |procurement may waive the   |                     |
   |                     |restrictions in the first   |                     |
   |                     |proviso on a case-by-case   |                     |
   |                     |basis by certifying in      |                     |
   |                     |writing to the Committees on|                     |
   |                     |Appropriations of the House |                     |
   |                     |of Representatives and the  |                     |
   |                     |Senate that adequate        |                     |
   |                     |domestic supplies are not   |                     |
   |                     |available to meet Department|                     |
   |                     |of Defense requirements on a|                     |
   |                     |timely basis and that such  |                     |
   |                     |an acquisition must be made |                     |
   |                     |in order to acquire         |                     |
   |                     |capability for national     |                     |
   |                     |security purposes."         |                     |
   |                     |                            |                     |
   |                     |Pub. L. No. 108-287, 118    |                     |
   |                     |Stat. 966 (FY 05)           |                     |
   |---------------------+----------------------------+---------------------|
   |---------------------+----------------------------+---------------------|
   |Requires certain     |Appropriations Act Heading: |FY 04: sect. 8016    |
   |welded shipboard     |TITLE VIII - GENERAL        |                     |
   |anchor and mooring   |PROVISIONS                  |FY 03: sect. 8016    |
   |chain to be          |                            |                     |
   |manufactured in the  |Text: "None of the funds in |FY 02: sect. 8014    |
   |U.S. from components |this Act may be available   |                     |
   |substantially        |for the purchase by the     |FY 01: sect. 8016    |
   |manufactured in the  |Department of Defense (and  |                     |
   |US; permits waiver if|its departments and         |                     |
   |certain conditions   |agencies) of welded         |                     |
   |are met.             |shipboard anchor and mooring|                     |
   |                     |chain 4 inches in diameter  |                     |
   |                     |and under unless the anchor |                     |
   |                     |and mooring chain are       |                     |
   |                     |manufactured in the United  |                     |
   |                     |States from components which|                     |
   |                     |are substantially           |                     |
   |                     |manufactured in the United  |                     |
   |                     |States: Provided, That for  |                     |
   |                     |the purpose of this section |                     |
   |                     |manufactured will include   |                     |
   |                     |cutting, heat treating,     |                     |
   |                     |quality control, testing of |                     |
   |                     |chain and welding (including|                     |
   |                     |the forging and shot        |                     |
   |                     |blasting Process): Provided |                     |
   |                     |further, That for the       |                     |
   |                     |purpose of this section     |                     |
   |                     |substantially all of the    |                     |
   |                     |components of anchor and    |                     |
   |                     |mooring chain shall be      |                     |
   |                     |considered to be produced or|                     |
   |                     |manufactured in the United  |                     |
   |                     |States if the aggregate cost|                     |
   |                     |of the components produced  |                     |
   |                     |or manufactured in the      |                     |
   |                     |United States exceeds the   |                     |
   |                     |aggregate cost of the       |                     |
   |                     |components produced or      |                     |
   |                     |manufactured outside the    |                     |
   |                     |United States: Provided     |                     |
   |                     |further, That when adequate |                     |
   |                     |domestic supplies are not   |                     |
   |                     |available to meet Department|                     |
   |                     |of Defense requirements on a|                     |
   |                     |timely basis, the Secretary |                     |
   |                     |of the service responsible  |                     |
   |                     |for the procurement may     |                     |
   |                     |waive this restriction on a |                     |
   |                     |case-by-case basis by       |                     |
   |                     |certifying in writing to the|                     |
   |                     |Committees on Appropriations|                     |
   |                     |that such an acquisition    |                     |
   |                     |must be made in order to    |                     |
   |                     |acquire capability for      |                     |
   |                     |national security purposes."|                     |
   |                     |                            |                     |
   |                     |Pub. L. No. 108-287, sect.  |                     |
   |                     |8016, 118 Stat. 973 (FY 05) |                     |
   |---------------------+----------------------------+---------------------|
   |---------------------+----------------------------+---------------------|
   |For new contracts,   |Appropriations Act Heading: |FY 04: sect. 8030    |
   |requires carbon,     |TITLE VIII - GENERAL        |                     |
   |alloy or armor steel |PROVISIONS                  |FY 03: sect. 8030    |
   |plate for use in     |                            |                     |
   |government-owned or  |Text: "None of the funds    |FY 02: sect. 8033    |
   |DOD controlled       |appropriated or made        |                     |
   |facilities to be     |available in this Act shall |FY 01: sect. 8033    |
   |melted and rolled in |be used to procure carbon,  |                     |
   |the U.S. or Canada;  |alloy or armor steel plate  |                     |
   |permits waiver if    |for use in any              |                     |
   |certain conditions   |Government-owned facility or|                     |
   |are met.             |property under the control  |                     |
   |                     |of the Department of Defense|                     |
   |                     |which were not melted and   |                     |
   |                     |rolled in the United States |                     |
   |                     |or Canada: Provided, That   |                     |
   |                     |these procurement           |                     |
   |                     |restrictions shall apply to |                     |
   |                     |any and all Federal Supply  |                     |
   |                     |Class 9515, American Society|                     |
   |                     |of Testing and Materials    |                     |
   |                     |(ASTM) or American Iron and |                     |
   |                     |Steel Institute (AISI)      |                     |
   |                     |specifications of carbon,   |                     |
   |                     |alloy or armor steel plate: |                     |
   |                     |Provided further, That the  |                     |
   |                     |Secretary of the military   |                     |
   |                     |department responsible for  |                     |
   |                     |the procurement may waive   |                     |
   |                     |this restriction on a       |                     |
   |                     |case-by-case basis by       |                     |
   |                     |certifying in writing to the|                     |
   |                     |Committees on Appropriations|                     |
   |                     |of the House of             |                     |
   |                     |Representatives and the     |                     |
   |                     |Senate that adequate        |                     |
   |                     |domestic supplies are not   |                     |
   |                     |available to meet Department|                     |
   |                     |of Defense requirements on a|                     |
   |                     |timely basis and that such  |                     |
   |                     |an acquisition must be made |                     |
   |                     |in order to acquire         |                     |
   |                     |capability for national     |                     |
   |                     |security purposes: Provided |                     |
   |                     |further, That these         |                     |
   |                     |restrictions shall not apply|                     |
   |                     |to contracts which are in   |                     |
   |                     |being as of the date of the |                     |
   |                     |enactment of this Act."     |                     |
   |                     |                            |                     |
   |                     |Pub. L. No. 108-287, sect.  |                     |
   |                     |8029, 118 Stat. 977 (FY 05) |                     |
   |---------------------+----------------------------+---------------------|
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |Requires Secretary of|Appropriations Act Heading:     |FY 04: sect. 8033|
   |Defense to rescind   |TITLE VIII - GENERAL PROVISIONS |                 |
   |blanket waiver of Buy|                                |FY 03: sect. 8033|
   |American Act if a    |Text: "(a)(1) If the Secretary  |                 |
   |country violates     |of Defense, after consultation  |FY 02: sect. 8036|
   |existing reciprocal  |with the United States Trade    |                 |
   |defense procurement  |Representative, determines that |FY 01: sect. 8036|
   |MOU by discriminating|a foreign country which is party|                 |
   |against certain U.S. |to an agreement described in    |                 |
   |products covered by  |paragraph (2) has violated the  |                 |
   |the MOU. Requires    |terms of the agreement by       |                 |
   |report of foreign    |discriminating against certain  |                 |
   |purchases.           |types of products produced in   |                 |
   |                     |the United States that are      |                 |
   |                     |covered by the agreement, the   |                 |
   |                     |Secretary of Defense shall      |                 |
   |                     |rescind the Secretary's blanket |                 |
   |                     |waiver of the Buy American Act  |                 |
   |                     |with respect to such types of   |                 |
   |                     |products produced in that       |                 |
   |                     |foreign country.                |                 |
   |                     |                                |                 |
   |                     |(2) An agreement referred to in |                 |
   |                     |paragraph (1) is any reciprocal |                 |
   |                     |defense procurement memorandum  |                 |
   |                     |of understanding, between the   |                 |
   |                     |United States and a foreign     |                 |
   |                     |country pursuant to which the   |                 |
   |                     |Secretary of Defense has        |                 |
   |                     |prospectively waived the Buy    |                 |
   |                     |American Act for certain        |                 |
   |                     |products in that country.       |                 |
   |                     |                                |                 |
   |                     |(b) The Secretary of Defense    |                 |
   |                     |shall submit to the Congress a  |                 |
   |                     |report on the amount of         |                 |
   |                     |Department of Defense purchases |                 |
   |                     |from foreign entities in fiscal |                 |
   |                     |year 2005. Such report shall    |                 |
   |                     |separately indicate the dollar  |                 |
   |                     |value of items for which the Buy|                 |
   |                     |American Act was waived pursuant|                 |
   |                     |to any agreement described in   |                 |
   |                     |subsection (a)(2), the Trade    |                 |
   |                     |Agreement Act of 1979 (19 U.S.C.|                 |
   |                     |2501 et seq.), or any           |                 |
   |                     |international agreement to which|                 |
   |                     |the United States is a party.   |                 |
   |                     |                                |                 |
   |                     |(c) For purposes of this        |                 |
   |                     |section, the term "Buy American |                 |
   |                     |Act" means title III of the Act |                 |
   |                     |entitled "An Act making         |                 |
   |                     |appropriations for the Treasury |                 |
   |                     |and Post Office Departments for |                 |
   |                     |the fiscal year ending June 30, |                 |
   |                     |1934, and for other purposes",  |                 |
   |                     |approved March 3, 1933 (41      |                 |
   |                     |U.S.C. 10a et seq.)."[2]        |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-287, sect. 8032,|                 |
   |                     |118 Stat. 977 (FY 05)           |                 |
   |---------------------+--------------------------------+-----------------|
   |---------------------+--------------------------------+-----------------|
   |Requires Buy American|Appropriations Act Heading:     |FY 04: sect. 8045|
   |Act compliance.      |TITLE VIII - GENERAL PROVISIONS |                 |
   |Requires that        |                                |FY 03: sect. 8046|
   |Secretary of Defense |Text: "(a) None of the funds    |                 |
   |determine whether to |appropriated in this Act may be |FY 02: sect. 8050|
   |debar a person       |expended by an entity of the    |                 |
   |convicted of affixing|Department of Defense unless the|FY 01: sect. 8050|
   |"Made in America"    |entity, in expending the funds, |                 |
   |label to foreign-made|complies with the Buy American  |                 |
   |products.            |Act. For purposes of this       |                 |
   |                     |subsection, the term "Buy       |                 |
   |                     |American Act" means title III of|                 |
   |                     |the Act entitled "An Act making |                 |
   |                     |appropriations for the Treasury |                 |
   |                     |and Post Office Departments for |                 |
   |                     |the fiscal year ending June 30, |                 |
   |                     |1934, and for other purposes",  |                 |
   |                     |approved March 3, 1933 (41      |                 |
   |                     |U.S.C. 10a et seq.).            |                 |
   |                     |                                |                 |
   |                     |(b) If the Secretary of Defense |                 |
   |                     |determines that a person has    |                 |
   |                     |been convicted of intentionally |                 |
   |                     |affixing a label bearing a "Made|                 |
   |                     |in America" inscription to any  |                 |
   |                     |product sold in or shipped to   |                 |
   |                     |the United States that is not   |                 |
   |                     |made in America, the Secretary  |                 |
   |                     |shall determine, in accordance  |                 |
   |                     |with section 2410f of title 10, |                 |
   |                     |United States Code, whether the |                 |
   |                     |person should be debarred from  |                 |
   |                     |contracting with the Department |                 |
   |                     |of Defense.                     |                 |
   |                     |                                |                 |
   |                     |(c) In the case of any equipment|                 |
   |                     |or products purchased with      |                 |
   |                     |appropriations provided under   |                 |
   |                     |this Act, it is the sense of the|                 |
   |                     |Congress that any entity of the |                 |
   |                     |Department of Defense, in       |                 |
   |                     |expending the appropriation,    |                 |
   |                     |purchase only American-made     |                 |
   |                     |equipment and products, provided|                 |
   |                     |that American-made equipment and|                 |
   |                     |products are cost-competitive,  |                 |
   |                     |quality-competitive, and        |                 |
   |                     |available in a timely fashion." |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-287, sect. 8045,|                 |
   |                     |118 Stat. 980 (FY 05)           |                 |
   |---------------------+--------------------------------+-----------------|
   |                     |                                |                 |
   |---------------------+--------------------------------+-----------------|
   |Requires ball and    |Appropriations Act Heading:     |FY 04: sect. 8059|
   |roller bearings to be|TITLE VIII - GENERAL PROVISIONS |                 |
   |produced by a        |                                |FY 03: sect. 8060|
   |domestic source and  |Text: "None of the funds        |                 |
   |of domestic origin.  |appropriated in this Act may be |FY 02: sect. 8065|
   |Restriction does not |used for the procurement of ball|                 |
   |apply to commercial  |and roller bearings other than  |FY 01: sect. 8064|
   |items, but does apply|those produced by a domestic    |                 |
   |to ball and roller   |source and of domestic origin:  |                 |
   |bearings purchased as|Provided, That the Secretary of |                 |
   |end items. Permits   |the military department         |                 |
   |waiver if certain    |responsible for such procurement|                 |
   |conditions are met.  |may waive this restriction on a |                 |
   |                     |case-by-case basis by certifying|                 |
   |                     |in writing to the Committees on |                 |
   |                     |Appropriations of the House of  |                 |
   |                     |Representatives and the Senate, |                 |
   |                     |that adequate domestic supplies |                 |
   |                     |are not available to meet       |                 |
   |                     |Department of Defense           |                 |
   |                     |requirements on a timely basis  |                 |
   |                     |and that such an acquisition    |                 |
   |                     |must be made in order to acquire|                 |
   |                     |capability for national security|                 |
   |                     |purposes: Provided further, That|                 |
   |                     |this restriction shall not apply|                 |
   |                     |to the purchase of "commercial  |                 |
   |                     |items", as defined by section   |                 |
   |                     |4(12) of the Office of Federal  |                 |
   |                     |Procurement Policy Act, except  |                 |
   |                     |that the restriction shall apply|                 |
   |                     |to ball or roller bearings      |                 |
   |                     |purchased as end items."        |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-287, sect. 8059,|                 |
   |                     |118 Stat. 984 (FY 05)           |                 |
   |---------------------+--------------------------------+-----------------|
   |---------------------+--------------------------------+-----------------|
   |Requires             |Appropriations Act Heading:     |FY 04: sect. 8061|
   |supercomputers to be |TITLE VIII - GENERAL PROVISIONS |                 |
   |manufactured in the  |                                |FY 03: sect. 8062|
   |U.S.; provides for   |Text: "None of the funds in this|                 |
   |exception for        |Act may be used to purchase any |FY 02: sect. 8067|
   |national security    |supercomputer which is not      |                 |
   |purposes.            |manufactured in the United      |FY 01: sect. 8066|
   |                     |States, unless the Secretary of |                 |
   |                     |Defense certifies to the        |                 |
   |                     |congressional defense committees|                 |
   |                     |that such an acquisition must be|                 |
   |                     |made in order to acquire        |                 |
   |                     |capability for national security|                 |
   |                     |purposes that is not available  |                 |
   |                     |from United States              |                 |
   |                     |manufacturers."                 |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-287, sect. 8061,|                 |
   |                     |118 Stat. 984 (FY 05)           |                 |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |---------------------+--------------------------------+-----------------|
   |For new contracts and|Appropriations Act Heading:     |FY 04: sect. 8076|
   |certain options,     |TITLE VIII - GENERAL PROVISIONS |                 |
   |existing limitations |                                |FY 03: sect. 8078|
   |on procurement of    |Text: "(a) The Secretary of     |                 |
   |certain defense items|Defense may, on a case-by-case  |FY 02: sect. 8089|
   |from foreign sources |basis, waive with respect to a  |                 |
   |may be waived by the |foreign country each limitation |FY 01: sect. 8088|
   |Secretary of Defense |on the procurement of defense   |                 |
   |if the limitation    |items from foreign sources      |                 |
   |would invalidate     |provided in law if the Secretary|                 |
   |certain agreements   |determines that the application |                 |
   |between DOD and the  |of the limitation with respect  |                 |
   |foreign country and  |to that country would invalidate|                 |
   |that country does not|cooperative programs entered    |                 |
   |discriminate against |into between the Department of  |                 |
   |the same U.S.-made   |Defense and the foreign country,|                 |
   |defense item.        |or would invalidate reciprocal  |                 |
   |                     |trade agreements for the        |                 |
   |                     |procurement of defense items    |                 |
   |                     |entered into under section 2531 |                 |
   |                     |of title 10, United States Code,|                 |
   |                     |and the country does not        |                 |
   |                     |discriminate against the same or|                 |
   |                     |similar defense items produced  |                 |
   |                     |in the United States for that   |                 |
   |                     |country.                        |                 |
   |                     |                                |                 |
   |                     |(b) Subsection (a) applies with |                 |
   |                     |respect to--                    |                 |
   |                     |                                |                 |
   |                     |(1) contracts and subcontracts  |                 |
   |                     |entered into on or after the    |                 |
   |                     |date of the enactment of this   |                 |
   |                     |Act; and                        |                 |
   |                     |                                |                 |
   |                     |(2) options for the procurement |                 |
   |                     |of items that are exercised     |                 |
   |                     |after such date under contracts |                 |
   |                     |that are entered into before    |                 |
   |                     |such date if the option prices  |                 |
   |                     |are adjusted for any reason     |                 |
   |                     |other than the application of a |                 |
   |                     |waiver granted under subsection |                 |
   |                     |(a).                            |                 |
   |                     |                                |                 |
   |                     |(c) Subsection (a) does not     |                 |
   |                     |apply to a limitation regarding |                 |
   |                     |construction of public vessels, |                 |
   |                     |ball and roller bearings, food, |                 |
   |                     |and clothing or textile         |                 |
   |                     |materials as defined by section |                 |
   |                     |11 (chapters 50-65) of the      |                 |
   |                     |Harmonized Tariff Schedule and  |                 |
   |                     |products classified under       |                 |
   |                     |headings 4010, 4202, 4203, 6401 |                 |
   |                     |through 6406, 6505, 7019, 7218  |                 |
   |                     |through 7229, 7304.41 through   |                 |
   |                     |7304.49, 7306.40, 7502 through  |                 |
   |                     |7508, 8105, 8108, 8109, 8211,   |                 |
   |                     |8215, and 9404."                |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-287, sect. 8075,|                 |
   |                     |118 Stat. 987 (FY 05)           |                 |
   |---------------------+--------------------------------+-----------------|
   |---------------------+--------------------------------+-----------------|
   |Requires the main    |Appropriations Act Heading:     |FY 04: sect. 8079|
   |propulsion diesel    |TITLE VIII - GENERAL PROVISIONS |                 |
   |engines and          |                                |FY 03: sect. 8083|
   |propulsors of any    |Text: "None of the funds        |                 |
   |T-AKE class of ships |appropriated or made available  |FY 02: sect. 8096|
   |to be manufactured in|in this Act to the Department of|                 |
   |the U.S. by a        |the Navy shall be used to       |FY 01: sect. 8095|
   |domestically operated|develop, lease or procure the   |                 |
   |entity; permits      |T-AKE class of ships unless the |                 |
   |waiver if certain    |main propulsion diesel engines  |                 |
   |conditions are met.  |and propulsors are manufactured |                 |
   |                     |in the United States by a       |                 |
   |                     |domestically operated entity:   |                 |
   |                     |Provided, That the Secretary of |                 |
   |                     |Defense may waive this          |                 |
   |                     |restriction on a case-by-case   |                 |
   |                     |basis by certifying in writing  |                 |
   |                     |to the Committees on            |                 |
   |                     |Appropriations of the House of  |                 |
   |                     |Representatives and the Senate  |                 |
   |                     |that adequate domestic supplies |                 |
   |                     |are not available to meet       |                 |
   |                     |Department of Defense           |                 |
   |                     |requirements on a timely basis  |                 |
   |                     |and that such an acquisition    |                 |
   |                     |must be made in order to acquire|                 |
   |                     |capability for national security|                 |
   |                     |purposes or there exists a      |                 |
   |                     |significant cost or quality     |                 |
   |                     |difference."                    |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-287, sect. 8078,|                 |
   |                     |118 Stat. 988 (FY 05)           |                 |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |---------------------+--------------------------------+-----------------|
   |Exception at 10      |Appropriations Act Heading:     |FY 04: None      |
   |U.S.C. 2533a(f)      |TITLE VIII - GENERAL PROVISIONS |                 |
   |(Berry Amendment) is |                                |FY 03: sect. 8136|
   |inapplicable to fish,|Text: "Notwithstanding any other|                 |
   |shellfish or seafood |provision of law, section       |FY 02: None      |
   |product. States that |2533a(f) of title 10, United    |                 |
   |section applies to   |States Code, shall hereafter not|FY 01: None      |
   |commercial items.    |apply to any fish, shellfish, or|                 |
   |                     |seafood product. This section   |                 |
   |                     |applies to contracts and        |                 |
   |                     |subcontracts for the procurement|                 |
   |                     |of commercial items             |                 |
   |                     |notwithstanding section 34 of   |                 |
   |                     |the Office of Federal           |                 |
   |                     |Procurement Policy Act (41      |                 |
   |                     |U.S.C. 430)."                   |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-287, sect. 8118,|                 |
   |                     |118 Stat. 998 (FY 05)           |                 |
   |---------------------+--------------------------------+-----------------|
   |---------------------+--------------------------------+-----------------|
   |Reaffirms Congress's |Appropriations Act Heading:     |None             |
   |sense that DOD buy   |TITLE VIII - GENERAL PROVISIONS |                 |
   |items that are wholly|                                |                 |
   |of domestic content  |Text: "(a) Findings.--The       |                 |
   |and manufacture to   |Congress finds that--           |                 |
   |maintain a domestic  |                                |                 |
   |manufacturing base   |(1) in times when our national  |                 |
   |and avoid            |security is threatened by       |                 |
   |vulnerability.       |possible attacks from foreign   |                 |
   |                     |and domestic enemies, it is     |                 |
   |                     |necessary that the United States|                 |
   |                     |have a sufficient supply of     |                 |
   |                     |certain products that are       |                 |
   |                     |essential for defending this    |                 |
   |                     |Nation; and                     |                 |
   |                     |                                |                 |
   |                     |(2) it has been the consistent  |                 |
   |                     |intent of Congress that the     |                 |
   |                     |Department of Defense, when     |                 |
   |                     |purchasing items to support the |                 |
   |                     |Armed Forces, choose items that |                 |
   |                     |are wholly of domestic content  |                 |
   |                     |and manufacture, especially     |                 |
   |                     |items identified as essential to|                 |
   |                     |our national defense.           |                 |
   |                     |                                |                 |
   |                     |(b) Sense of Congress.--It is   |                 |
   |                     |the sense of Congress that--    |                 |
   |                     |                                |                 |
   |                     |(1) it is vital that the United |                 |
   |                     |States maintain a domestic      |                 |
   |                     |manufacturing base for certain  |                 |
   |                     |products necessary to national  |                 |
   |                     |security, so that our Nation    |                 |
   |                     |does not become reliant on      |                 |
   |                     |foreign sources for such        |                 |
   |                     |products and thereby vulnerable |                 |
   |                     |to disruptions in international |                 |
   |                     |trade; and                      |                 |
   |                     |                                |                 |
   |                     |(2) in cases where such domestic|                 |
   |                     |manufacturing base is           |                 |
   |                     |threatened, the United States   |                 |
   |                     |should take action to preserve  |                 |
   |                     |such manufacturing base."       |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 107-117, sect. 8156,|                 |
   |                     |115 Stat. 2283 (FY 02)          |                 |
   |---------------------+--------------------------------+-----------------|
   |---------------------+--------------------------------+-----------------|
   |Allows agreements for|Appropriations Act Heading:     |None             |
   |heating at certain   |TITLE VIII - GENERAL PROVISIONS |                 |
   |DOD installations in |                                |                 |
   |Germany if provisions|Text: "Using funds available by |                 |
   |are included for the |this Act or any other Act, the  |                 |
   |consideration of U.S.|Secretary of the Air Force,     |                 |
   |coal as an energy    |pursuant to a determination     |                 |
   |source.              |under section 2690 of title 10, |                 |
   |                     |United States Code, may         |                 |
   |                     |implement cost-effective        |                 |
   |                     |agreements for required heating |                 |
   |                     |facility modernization in the   |                 |
   |                     |Kaiserslautern Military         |                 |
   |                     |Community in the Federal        |                 |
   |                     |Republic of Germany: Provided,  |                 |
   |                     |That in the City of             |                 |
   |                     |Kaiserslautern such agreements  |                 |
   |                     |will include the use of United  |                 |
   |                     |States anthracite as the base   |                 |
   |                     |load energy for municipal       |                 |
   |                     |district heat to the United     |                 |
   |                     |States Defense installations:   |                 |
   |                     |Provided further, That at       |                 |
   |                     |Landstuhl Army Regional Medical |                 |
   |                     |Center and Ramstein Air Base,   |                 |
   |                     |furnished heat may be obtained  |                 |
   |                     |from private, regional or       |                 |
   |                     |municipal services, if          |                 |
   |                     |provisions are included for the |                 |
   |                     |consideration of United States  |                 |
   |                     |coal as an energy source."      |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 106-259, sect. 8082,|                 |
   |                     |114 Stat. 692 (FY 01)           |                 |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |---------------------+---------------------------------------------+----|
   |Strikes a provision  |Appropriations Act Heading: TITLE VIII -     |None|
   |from the fiscal year |GENERAL PROVISIONS                           |    |
   |2000 Defense         |                                             |    |
   |appropriations act   |Text: "Section 8093 of the Department of     |    |
   |that prohibited the  |Defense Appropriations Act, 2000 (Public Law |    |
   |procurement of a     |106-79; 113 Stat. 1253) is amended by        |    |
   |nuclear-capable      |striking subsection (d), relating to a       |    |
   |shipyard crane from a|prohibition on the use of Department of      |    |
   |foreign source.      |Defense funds to procure a nuclear-capable   |    |
   |                     |shipyard crane from a foreign source."       |    |
   |                     |                                             |    |
   |                     |Pub. L. No. 106-259, sect. 8144, 114 Stat.   |    |
   |                     |705 (FY 01)                                  |    |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |                   Notification/Reporting Provisions                    |
   |------------------------------------------------------------------------|
   |   Summary/Effect   |  Procurement Related Provision  |Similar/Identical|
   |                    |                                 |   Provisions    |
   |--------------------+---------------------------------+-----------------|
   |Requires 10-day     |Appropriations Act Heading: TITLE|FY 04: sect. 8008|
   |congressional notice|VIII - GENERAL PROVISIONS        |                 |
   |before a multiyear  |                                 |FY 03: sect. 8008|
   |contract can be     |Text: "None of the funds provided|                 |
   |terminated.         |in this Act shall be available to|FY 02: sect. 8008|
   |                    |initiate: (1) a multiyear        |                 |
   |                    |contract that employs economic   |FY 01: sect. 8008|
   |                    |order quantity procurement in    |                 |
   |                    |excess of $20,000,000 in any 1   |                 |
   |                    |year of the contract or that     |                 |
   |                    |includes an unfunded contingent  |                 |
   |                    |liability in excess of           |                 |
   |                    |$20,000,000; or (2) a contract   |                 |
   |                    |for advance procurement leading  |                 |
   |                    |to a multiyear contract that     |                 |
   |                    |employs economic order quantity  |                 |
   |                    |procurement in excess of         |                 |
   |                    |$20,000,000 in any 1 year . . .  |                 |
   |                    |Provided Further, That no        |                 |
   |                    |multiyear procurement contract   |                 |
   |                    |can be terminated without 10-day |                 |
   |                    |prior notification to the        |                 |
   |                    |congressional defense committees.|                 |
   |                    |. . ."                           |                 |
   |                    |                                 |                 |
   |                    |Pub. L. No. 108-287, sect. 8008, |                 |
   |                    |118 Stat. 970 (FY 05)            |                 |
   |--------------------+---------------------------------+-----------------|
   |--------------------+---------------------------------+-----------------|
   |Requires a report to|Appropriations Act Heading: TITLE|FY 04: sect. 8033|
   |Congress on the     |VIII - GENERAL PROVISIONS        |                 |
   |amount of purchases |                                 |FY 03: sect. 8033|
   |from foreign        |Text: "(b) The Secretary of      |                 |
   |entities. Requires  |Defense shall submit to the      |FY 02: sect. 8036|
   |separate accounting |Congress a report on the amount  |                 |
   |for items under Buy |of Department of Defense         |FY 01: sect. 8036|
   |American Act waivers|purchases from foreign entities  |                 |
   |pursuant to trade or|in fiscal year 2005. Such report |                 |
   |international       |shall separately indicate the    |                 |
   |agreement.          |dollar value of items for which  |                 |
   |                    |the Buy American Act was waived  |                 |
   |                    |pursuant to any agreement        |                 |
   |                    |described in subsection (a)(2),  |                 |
   |                    |the Trade Agreement Act of 1979  |                 |
   |                    |(19 U.S.C. 2501 et seq.), or any |                 |
   |                    |international agreement to which |                 |
   |                    |the United States is a party."   |                 |
   |                    |                                 |                 |
   |                    |Pub. L. No. 108-287, sect.       |                 |
   |                    |8032(b), 118 Stat. 977 (FY 05)   |                 |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |                    Competitive Sourcing Provisions                     |
   |------------------------------------------------------------------------|
   |   Summary/Effect    | Procurement Related Provision  |Similar/Identical|
   |                     |                                |   Provisions    |
   |---------------------+--------------------------------+-----------------|
   |Imposes limitations  |Appropriations Act Heading:     |FY 04: sect. 8014|
   |on conversion to     |TITLE VIII - GENERAL PROVISIONS |                 |
   |contractor           |                                |FY 03: see below |
   |performance of any   |Text: "(a) Limitation on        |                 |
   |activity or function |Conversion to Contractor        |FY 02: see below |
   |performed by more    |Performance.--None of the funds |                 |
   |than 10 civilian     |appropriated by this Act shall  |FY 01: see below |
   |employees; provides  |be available to convert to      |                 |
   |for exceptions.      |contractor performance an       |                 |
   |                     |activity or function of the     |                 |
   |                     |Department of Defense that, on  |                 |
   |                     |or after the date of the        |                 |
   |                     |enactment of this Act, is       |                 |
   |                     |performed by more than 10       |                 |
   |                     |Department of Defense civilian  |                 |
   |                     |employees unless-- (1) 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; (2)  |                 |
   |                     |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 Department|                 |
   |                     |of Defense by an amount that    |                 |
   |                     |equals or exceeds the lesser    |                 |
   |                     |of-- (A) 10 percent of the most |                 |
   |                     |efficient organization's        |                 |
   |                     |personnel-related costs for     |                 |
   |                     |performance of that activity or |                 |
   |                     |function by Federal employees;  |                 |
   |                     |or (B) $10,000,000; and (3) the |                 |
   |                     |contractor does not receive an  |                 |
   |                     |advantage for a proposal that   |                 |
   |                     |would reduce costs for the      |                 |
   |                     |Department of Defense by-- (A)  |                 |
   |                     |not making an employer-sponsored|                 |
   |                     |health insurance plan available |                 |
   |                     |to the workers who are to be    |                 |
   |                     |employed in the performance of  |                 |
   |                     |that activity or function under |                 |
   |                     |the contract; or (B) offering to|                 |
   |                     |such workers an                 |                 |
   |                     |employer-sponsored health       |                 |
   |                     |benefits plan that requires the |                 |
   |                     |employer to contribute less     |                 |
   |                     |towards the premium or          |                 |
   |                     |subscription share than the     |                 |
   |                     |amount that is paid by the      |                 |
   |                     |Department of Defense for health|                 |
   |                     |benefits for civilian employees |                 |
   |                     |under chapter 89 of title 5,    |                 |
   |                     |United States Code. (b)         |                 |
   |                     |Exceptions.-- (1) The Department|                 |
   |                     |of Defense, without regard to   |                 |
   |                     |subsection (a) of this section  |                 |
   |                     |or subsections (a), (b), or (c) |                 |
   |                     |of section 2461 of title 10,    |                 |
   |                     |United States Code, and         |                 |
   |                     |notwithstanding any             |                 |
   |                     |administrative regulation,      |                 |
   |                     |requirement, or policy to the   |                 |
   |                     |contrary shall have full        |                 |
   |                     |authority to enter into a       |                 |
   |                     |contract for the performance of |                 |
   |                     |any commercial or industrial    |                 |
   |                     |type function of the Department |                 |
   |                     |of Defense that-- (A) is        |                 |
   |                     |included on the procurement list|                 |
   |                     |established pursuant to section |                 |
   |                     |2 of the Javits-Wagner-O'Day Act|                 |
   |                     |(41 U.S.C. 47); (B) 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; or |                 |
   |                     |(C) is planned to be converted  |                 |
   |                     |to performance by a qualified   |                 |
   |                     |firm under at least 51 percent  |                 |
   |                     |ownership by an Indian tribe, as|                 |
   |                     |defined in section 4(e) of the  |                 |
   |                     |Indian Self-Determination and   |                 |
   |                     |Education Assistance Act (25    |                 |
   |                     |U.S.C. 450b(e)), or a Native    |                 |
   |                     |Hawaiian Organization, as       |                 |
   |                     |defined in section 8(a)(15) of  |                 |
   |                     |the Small Business Act (15      |                 |
   |                     |U.S.C. 637(a)(15)). (2) This    |                 |
   |                     |section shall not apply to depot|                 |
   |                     |contracts or contracts for depot|                 |
   |                     |maintenance as provided in      |                 |
   |                     |sections 2469 and 2474 of title |                 |
   |                     |10, United States Code.         |                 |
   |                     |                                |                 |
   |                     |(c) Treatment of                |                 |
   |                     |Conversion.--The conversion of  |                 |
   |                     |any activity or function of the |                 |
   |                     |Department of Defense under the |                 |
   |                     |authority provided by this      |                 |
   |                     |section shall be credited toward|                 |
   |                     |any competitive or outsourcing  |                 |
   |                     |goal, target, or measurement    |                 |
   |                     |that may be established by      |                 |
   |                     |statute, regulation, or policy  |                 |
   |                     |and is deemed to be awarded     |                 |
   |                     |under the authority of, and in  |                 |
   |                     |compliance with, subsection (h) |                 |
   |                     |of section 2304 of title 10,    |                 |
   |                     |United States Code, for the     |                 |
   |                     |competition or outsourcing of   |                 |
   |                     |commercial activities."         |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-287, sect. 8014,|                 |
   |                     |118 Stat. 972 (FY 05)           |                 |
   |---------------------+--------------------------------+-----------------|
   |---------------------+--------------------------------+-----------------|
   |Requires A-76 cost   |Appropriations Act Heading:     |FY 04: sect. 8022|
   |studies to be        |TITLE VIII - GENERAL PROVISIONS |                 |
   |completed within two |                                |FY 03: sect. 8022|
   |years for single     |Text: "None of the funds        |                 |
   |function activities  |appropriated by this Act shall  |FY 02: sect. 8024|
   |or four years for    |be available to perform any cost|                 |
   |multi-function       |study pursuant to the provisions|FY 01: sect. 8024|
   |activities.          |of OMB Circular A-76 if the     |                 |
   |                     |study being performed exceeds a |                 |
   |                     |period of 24 months after       |                 |
   |                     |initiation of such study with   |                 |
   |                     |respect to a single function    |                 |
   |                     |activity or 48 months after     |                 |
   |                     |initiation of such study for a  |                 |
   |                     |multi-function activity."       |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-287, sect. 8022,|                 |
   |                     |118 Stat. 975 (FY 05)           |                 |
   |---------------------+--------------------------------+-----------------|
   |---------------------+--------------------------------+-----------------|
   |Allows public/private|Appropriations Act Heading:     |FY 04: sect. 8032|
   |competition for      |TITLE VIII - GENERAL PROVISIONS |                 |
   |certain depot related|                                |FY 03: sect. 8032|
   |activities; requires |Text: "During the current fiscal|                 |
   |all bids include     |year, the Department of Defense |FY 02: sect. 8035|
   |estimates of direct  |may acquire the modification,   |                 |
   |and indirect costs   |depot maintenance and repair of |FY 01: sect. 8035|
   |for DOD and private  |aircraft, vehicles and vessels  |                 |
   |bids; states that    |as well as the production of    |                 |
   |A-76 does not apply  |components and other            |                 |
   |to these             |Defense-related articles,       |                 |
   |competitions.        |through competition between     |                 |
   |                     |Department of Defense depot     |                 |
   |                     |maintenance activities and      |                 |
   |                     |private firms: Provided, That   |                 |
   |                     |the Senior Acquisition Executive|                 |
   |                     |of the military department or   |                 |
   |                     |Defense Agency concerned, with  |                 |
   |                     |power of delegation, shall      |                 |
   |                     |certify that successful bids    |                 |
   |                     |include comparable estimates of |                 |
   |                     |all direct and indirect costs   |                 |
   |                     |for both public and private     |                 |
   |                     |bids: Provided further, That    |                 |
   |                     |Office of Management and Budget |                 |
   |                     |Circular A-76 shall not apply to|                 |
   |                     |competitions conducted under    |                 |
   |                     |this section."                  |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-287, sect. 8031,|                 |
   |                     |118 Stat. 977 (FY 05)           |                 |
   |---------------------+--------------------------------+-----------------|
   |                     |                                |                 |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |Imposes limitations |Appropriations Act Heading: TITLE|FY 05: see above |
   |on conversion to    |VIII - GENERAL PROVISIONS        |                 |
   |contractor          |                                 |FY 04: see above |
   |performance of any  |Text: "None of the funds         |                 |
   |activity or function|appropriated by this Act shall be|FY 02: sect. 8014|
   |performed by more   |available to convert to          |                 |
   |than 10 civilian    |contractor performance an        |FY 01: sect. 8014|
   |employees; provides |activity or function of the      |                 |
   |for exceptions.     |Department of Defense that, on or|                 |
   |                    |after the date of the enactment  |                 |
   |                    |of this Act, is performed by more|                 |
   |                    |than 10 Department of Defense    |                 |
   |                    |civilian employees until a most  |                 |
   |                    |efficient and cost-effective     |                 |
   |                    |organization analysis is         |                 |
   |                    |completed on such activity or    |                 |
   |                    |function and certification of the|                 |
   |                    |analysis is made to the          |                 |
   |                    |Committees on Appropriations of  |                 |
   |                    |the House of Representatives and |                 |
   |                    |the Senate: Provided, That this  |                 |
   |                    |section and subsections (a), (b),|                 |
   |                    |and (c) of 10 U.S.C. 2461 shall  |                 |
   |                    |not apply to a commercial or     |                 |
   |                    |industrial type function of the  |                 |
   |                    |Department of Defense that: (1)  |                 |
   |                    |is included on the procurement   |                 |
   |                    |list established pursuant to     |                 |
   |                    |section 2 of the Act of June 25, |                 |
   |                    |1938 (41 U.S.C. 47), popularly   |                 |
   |                    |referred to as the               |                 |
   |                    |Javits-Wagner-O'Day Act; (2) 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; or (3) is planned to be|                 |
   |                    |converted to performance by a    |                 |
   |                    |qualified firm under 51 percent  |                 |
   |                    |ownership by an Indian tribe, as |                 |
   |                    |defined in section 450b(e) of    |                 |
   |                    |title 25, United States Code, or |                 |
   |                    |a Native Hawaiian organization,  |                 |
   |                    |as defined in section 637(a)(15) |                 |
   |                    |of title 15, United States Code."|                 |
   |                    |                                 |                 |
   |                    |Pub. L. No. 107-248, sect. 8014, |                 |
   |                    |116 Stat. 1539 (FY 03)           |                 |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |                        Miscellaneous Provisions                        |
   |------------------------------------------------------------------------|
   |   Summary/Effect    | Procurement Related Provision  |Similar/Identical|
   |                     |                                |   Provisions    |
   |---------------------+--------------------------------+-----------------|
   |Prohibits funds from |Appropriations Act Heading:     |FY 04: sect. 8008|
   |being used to enter  |TITLE VIII - GENERAL PROVISIONS |                 |
   |into a multiyear     |                                |FY 03: sect. 8008|
   |contract over certain|Text: "None of the funds        |                 |
   |thresholds unless the|provided in this Act shall be   |FY 02: sect. 8008|
   |act specifically     |available to initiate: (1) a    |                 |
   |allows it.           |multiyear contract that employs |FY 01: sect. 8008|
   |                     |economic order quantity         |                 |
   |                     |procurement in excess of        |                 |
   |                     |$20,000,000 in any 1 year of the|                 |
   |                     |contract or that includes an    |                 |
   |                     |unfunded contingent liability in|                 |
   |                     |excess of $20,000,000; or (2) a |                 |
   |                     |contract for advance procurement|                 |
   |                     |leading to a multiyear contract |                 |
   |                     |that employs economic order     |                 |
   |                     |quantity procurement in excess  |                 |
   |                     |of $20,000,000 in any 1 year . .|                 |
   |                     |. Provided further, That no part|                 |
   |                     |of any appropriation contained  |                 |
   |                     |in this Act shall be available  |                 |
   |                     |to initiate multiyear           |                 |
   |                     |procurement contracts for any   |                 |
   |                     |systems or component thereof if |                 |
   |                     |the value of the multiyear      |                 |
   |                     |contract would exceed           |                 |
   |                     |$500,000,000 unless specifically|                 |
   |                     |provided in this Act: Provided  |                 |
   |                     |Further, That no multiyear      |                 |
   |                     |procurement contract can be     |                 |
   |                     |terminated without 10-day prior |                 |
   |                     |notification to the             |                 |
   |                     |congressional defense           |                 |
   |                     |committees: Provided further,   |                 |
   |                     |That the execution of multiyear |                 |
   |                     |authority shall require the use |                 |
   |                     |of a present value analysis to  |                 |
   |                     |determine lowest cost compared  |                 |
   |                     |to an annual procurement. . .   |                 |
   |                     |."[3]                           |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-287, sect. 8008,|                 |
   |                     |118 Stat. 970 (FY 05)           |                 |
   |---------------------+--------------------------------+-----------------|
   |                     |                                |                 |
   |---------------------+--------------------------------+-----------------|
   |Allows a prime       |Appropriations Act Heading:     |FY 04: sect. 8021|
   |contractor or        |TITLE VIII - GENERAL PROVISIONS |                 |
   |subcontractor to     |                                |FY 03: sect. 8021|
   |qualify for the      |Text: "In addition to the funds |                 |
   |additional           |provided elsewhere in this Act, |FY 02: sect. 8022|
   |compensation under 25|$8,000,000 is appropriated only |                 |
   |U.S.C. 1544 for      |for incentive payments          |FY 01: sect. 8022|
   |subcontracting with  |authorized by section 504 of the|                 |
   |an Indian            |Indian Financing Act of 1974 (25|                 |
   |organization or      |U.S.C. 1544): Provided, That a  |                 |
   |Indian-owned         |prime contractor or a           |                 |
   |enterprise. States   |subcontractor at any tier that  |                 |
   |that section applies |makes a subcontract award to any|                 |
   |to contracts or      |subcontractor or supplier as    |                 |
   |subcontracts for     |defined in 25 U.S.C. 1544 or a  |                 |
   |commercial items.    |small business owned and        |                 |
   |                     |controlled by an individual or  |                 |
   |                     |individuals defined under 25    |                 |
   |                     |U.S.C. 4221(9) shall be         |                 |
   |                     |considered a contractor for the |                 |
   |                     |purposes of being allowed       |                 |
   |                     |additional compensation under   |                 |
   |                     |section 504 of the Indian       |                 |
   |                     |Financing Act of 1974 (25 U.S.C.|                 |
   |                     |1544) whenever the prime        |                 |
   |                     |contract or subcontract amount  |                 |
   |                     |is over $500,000 and involves   |                 |
   |                     |the expenditure of funds        |                 |
   |                     |appropriated by an Act making   |                 |
   |                     |Appropriations for the          |                 |
   |                     |Department of Defense with      |                 |
   |                     |respect to any fiscal year:     |                 |
   |                     |Provided further, That          |                 |
   |                     |notwithstanding 41 U.S.C. 430,  |                 |
   |                     |this section shall be applicable|                 |
   |                     |to any Department of Defense    |                 |
   |                     |acquisition of supplies or      |                 |
   |                     |services, including any contract|                 |
   |                     |and any subcontract at any tier |                 |
   |                     |for acquisition of commercial   |                 |
   |                     |items produced or manufactured, |                 |
   |                     |in whole or in part by any      |                 |
   |                     |subcontractor or supplier       |                 |
   |                     |defined in 25 U.S.C. 1544 or a  |                 |
   |                     |small business owned and        |                 |
   |                     |controlled by an individual or  |                 |
   |                     |individuals defined under 25    |                 |
   |                     |U.S.C. 4221(9): Provided        |                 |
   |                     |further, That businesses        |                 |
   |                     |certified as 8(a) by the Small  |                 |
   |                     |Business Administration pursuant|                 |
   |                     |to section 8(a)(15) of Public   |                 |
   |                     |Law 85-536, as amended, shall   |                 |
   |                     |have the same status as other   |                 |
   |                     |program participants under      |                 |
   |                     |section 602 of Public Law       |                 |
   |                     |100-656, 102 Stat. 3825         |                 |
   |                     |(Business Opportunity           |                 |
   |                     |Development Reform Act of 1988) |                 |
   |                     |for purposes of contracting with|                 |
   |                     |agencies of the Department of   |                 |
   |                     |Defense."                       |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-287, sect. 8021,|                 |
   |                     |118 Stat. 974 (FY 05)           |                 |
   |---------------------+--------------------------------+-----------------|
   |---------------------+--------------------------------+-----------------|
   |Requires certain     |Appropriations Act Heading:     |FY 04: sect. 8046|
   |determinations for   |TITLE VIII - GENERAL PROVISIONS |                 |
   |noncompetitive awards|                                |FY 03: sect. 8047|
   |of contracts for     |Text: "None of the funds        |                 |
   |studies, analysis, or|appropriated by this Act shall  |FY 02: sect. 8051|
   |consulting services  |be available for a contract for |                 |
   |entered into based on|studies, analysis, or consulting|FY 01: sect. 8051|
   |unsolicited          |services entered into without   |                 |
   |proposals; provides  |competition on the basis of an  |                 |
   |for exceptions.      |unsolicited proposal unless the |                 |
   |                     |head of the activity responsible|                 |
   |                     |for the procurement determines--|                 |
   |                     |                                |                 |
   |                     |(1) as a result of thorough     |                 |
   |                     |technical evaluation, only one  |                 |
   |                     |source is found fully qualified |                 |
   |                     |to perform the proposed work;   |                 |
   |                     |                                |                 |
   |                     |(2) the purpose of the contract |                 |
   |                     |is to explore an unsolicited    |                 |
   |                     |proposal which offers           |                 |
   |                     |significant scientific or       |                 |
   |                     |technological promise,          |                 |
   |                     |represents the product of       |                 |
   |                     |original thinking, and was      |                 |
   |                     |submitted in confidence by one  |                 |
   |                     |source; or                      |                 |
   |                     |                                |                 |
   |                     |(3) the purpose of the contract |                 |
   |                     |is to take advantage of unique  |                 |
   |                     |and significant industrial      |                 |
   |                     |accomplishment by a specific    |                 |
   |                     |concern, or to insure that a new|                 |
   |                     |product or idea of a specific   |                 |
   |                     |concern is given financial      |                 |
   |                     |support: Provided, That this    |                 |
   |                     |limitation shall not apply to   |                 |
   |                     |contracts in an amount of less  |                 |
   |                     |than $25,000, contracts related |                 |
   |                     |to improvements of equipment    |                 |
   |                     |that is in development or       |                 |
   |                     |production, or contracts as to  |                 |
   |                     |which a civilian official of the|                 |
   |                     |Department of Defense, who has  |                 |
   |                     |been confirmed by the Senate,   |                 |
   |                     |determines that the award of    |                 |
   |                     |such contract is in the interest|                 |
   |                     |of the national defense."       |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-287, sect. 8046,|                 |
   |                     |118 Stat. 980 (FY 05)           |                 |
   |---------------------+--------------------------------+-----------------|
   |---------------------+--------------------------------+-----------------|
   |Establishes local    |Appropriations Act Heading:     |FY 04: sect. 8061|
   |employment           |TITLE VIII - GENERAL PROVISIONS |                 |
   |requirements for     |                                |FY 03: sect. 8064|
   |construction or      |Text: "Notwithstanding any other|                 |
   |service contracts    |provision of law, each contract |FY 02: sect. 8069|
   |performed in certain |awarded by the Department of    |                 |
   |states. Permits      |Defense during the current      |FY 01: sect. 8068|
   |waiver in the        |fiscal year for construction or |                 |
   |interest of national |service performed in whole or in|                 |
   |security.            |part in a State (as defined in  |                 |
   |                     |section 381(d) of title 10,     |                 |
   |                     |United States Code) which is not|                 |
   |                     |contiguous with another State   |                 |
   |                     |and has an unemployment rate in |                 |
   |                     |excess of the national average  |                 |
   |                     |rate of unemployment as         |                 |
   |                     |determined by the Secretary of  |                 |
   |                     |Labor, shall include a provision|                 |
   |                     |requiring the contractor to     |                 |
   |                     |employ, for the purpose of      |                 |
   |                     |performing that portion of the  |                 |
   |                     |contract in such State that is  |                 |
   |                     |not contiguous with another     |                 |
   |                     |State, individuals who are      |                 |
   |                     |residents of such State and who,|                 |
   |                     |in the case of any craft or     |                 |
   |                     |trade, possess or would be able |                 |
   |                     |to acquire promptly the         |                 |
   |                     |necessary skills: Provided, That|                 |
   |                     |the Secretary of Defense may    |                 |
   |                     |waive the requirements of this  |                 |
   |                     |section, on a case-by-case      |                 |
   |                     |basis, in the interest of       |                 |
   |                     |national security."             |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-287, sect. 8062,|                 |
   |                     |118 Stat. 984 (FY 05)           |                 |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |---------------------+--------------------------------+-----------------|
   |Requires qualified   |Appropriations Act Heading:     |FY 05: None      |
   |nonprofit agencies   |TITLE VIII - GENERAL PROVISIONS |                 |
   |for the blind or     |                                |FY 03: sect. 8025|
   |other severely       |Text: "(a) Of the funds for the |                 |
   |handicapped be       |procurement of supplies or      |FY 02: sect. 8028|
   |afforded the maximum |services appropriated by this   |                 |
   |practicable          |Act, qualified nonprofit        |FY 01: sect. 8028|
   |opportunity to       |agencies for the blind or other |                 |
   |participate as       |severely handicapped shall be   |                 |
   |subcontractors and   |afforded the maximum practicable|                 |
   |suppliers. Requires  |opportunity to participate as   |                 |
   |that business        |subcontractors and suppliers in |                 |
   |concerns get credit  |the performance of contracts let|                 |
   |towards certain      |by the Department of Defense.   |                 |
   |subcontracting goals |                                |                 |
   |for such purchases.  |(b) During the current fiscal   |                 |
   |                     |year, a business concern which  |                 |
   |                     |has negotiated with a military  |                 |
   |                     |service or defense agency a     |                 |
   |                     |subcontracting plan for the     |                 |
   |                     |participation by small business |                 |
   |                     |concerns pursuant to section    |                 |
   |                     |8(d) of the Small Business Act  |                 |
   |                     |(15 U.S.C. 637(d)) shall be     |                 |
   |                     |given credit toward meeting that|                 |
   |                     |subcontracting goal for any     |                 |
   |                     |purchases made from qualified   |                 |
   |                     |nonprofit agencies for the blind|                 |
   |                     |or other severely handicapped.  |                 |
   |                     |                                |                 |
   |                     |(c) For the purpose of this     |                 |
   |                     |section, the phrase "qualified  |                 |
   |                     |nonprofit agency for the blind  |                 |
   |                     |or other severely handicapped"  |                 |
   |                     |means a nonprofit agency for the|                 |
   |                     |blind or other severely         |                 |
   |                     |handicapped that has been       |                 |
   |                     |approved by the Committee for   |                 |
   |                     |the Purchase from the Blind and |                 |
   |                     |Other Severely Handicapped under|                 |
   |                     |the Javits-Wagner-O'Day Act (41 |                 |
   |                     |U.S.C. 46-48)."                 |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-87, sect. 8025, |                 |
   |                     |117 Stat. 1077 (FY 04)          |                 |
   |---------------------+--------------------------------+-----------------|
   |---------------------+--------------------------------+-----------------|
   |Requires competitive |Appropriations Act Heading:     |None             |
   |procedures for       |TITLE VIII - GENERAL PROVISIONS |                 |
   |leasing of           |                                |                 |
   |transport/VIP        |Text: "None of the funds        |                 |
   |aircraft.            |appropriated by this Act may be |                 |
   |                     |used for leasing of             |                 |
   |                     |transport/VIP aircraft under any|                 |
   |                     |contract entered into under any |                 |
   |                     |procurement procedures other    |                 |
   |                     |than pursuant to the Competition|                 |
   |                     |and Contracting Act."           |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 107-248, sect. 8147,|                 |
   |                     |116 Stat. 1572 (FY 03)          |                 |
   |---------------------+--------------------------------+-----------------|
   |                     |                                |                 |
   |---------------------+--------------------------------+-----------------|
   |Allows 2 year        |Appropriations Act Heading:     |None             |
   |extension of certain |TITLE VIII - GENERAL PROVISIONS |                 |
   |TRICARE contracts if |                                |                 |
   |the Secretary of     |Text: "Notwithstanding any other|                 |
   |Defense determines it|provision of law, the TRICARE   |                 |
   |is in the            |managed care support contracts  |                 |
   |government's best    |in effect, or in final stages of|                 |
   |interest. Allows     |acquisition as of September 30, |                 |
   |future contracts to  |2000, may be extended for 2     |                 |
   |include up to seven  |years: Provided, That any such  |                 |
   |                     |extension may only take place if|                 |
   |1-year options.      |the Secretary of Defense        |                 |
   |                     |determines that it is in the    |                 |
   |                     |best interest of the Government:|                 |
   |                     |Provided further, That any      |                 |
   |                     |contract extension shall be     |                 |
   |                     |based on the price in the final |                 |
   |                     |best and final offer for the    |                 |
   |                     |last year of the existing       |                 |
   |                     |contract as adjusted for        |                 |
   |                     |inflation and other factors     |                 |
   |                     |mutually agreed to by the       |                 |
   |                     |contractor and the Government:  |                 |
   |                     |Provided further, That          |                 |
   |                     |notwithstanding any other       |                 |
   |                     |provision of law, all future    |                 |
   |                     |TRICARE managed care support    |                 |
   |                     |contracts replacing contracts in|                 |
   |                     |effect, or in the final stages  |                 |
   |                     |of acquisition as of September  |                 |
   |                     |30, 2000, may include a base    |                 |
   |                     |contract period for transition  |                 |
   |                     |and up to seven 1-year option   |                 |
   |                     |periods."                       |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 106-259, sect. 8090,|                 |
   |                     |114 Stat. 694 (FY 01)           |                 |
   +------------------------------------------------------------------------+

                 Table 2: Foreign Operations, Export Financing,

                    And Related Programs Appropriations Act

                             Fiscal Years 2001-2005

   +------------------------------------------------------------------------+
   |                          Domestic Preferences                          |
   |------------------------------------------------------------------------|
   |   Summary/Effect    | Procurement Related Provision  |Similar/Identical|
   |                     |                                |  Provisions[4]  |
   |---------------------+--------------------------------+-----------------|
   |Requires condoms     |Appropriations Act Heading:     |None             |
   |purchased to be      |TITLE II - BILATERAL ECONOMIC   |                 |
   |manufactured in the  |ASSISTANCE; Funds Appropriated  |                 |
   |U.S.                 |to the President; united states |                 |
   |                     |agency for international        |                 |
   |                     |development; child survival and |                 |
   |                     |health programs fund            |                 |
   |                     |                                |                 |
   |                     |Text: "For necessary expenses to|                 |
   |                     |carry out the provisions of     |                 |
   |                     |chapters 1 and 10 of part I of  |                 |
   |                     |the Foreign Assistance Act of   |                 |
   |                     |1961, for child survival,       |                 |
   |                     |health, and family              |                 |
   |                     |planning/reproductive health    |                 |
   |                     |activities, in addition to funds|                 |
   |                     |otherwise available for such    |                 |
   |                     |purposes, $1,835,000,000, to    |                 |
   |                     |remain available until September|                 |
   |                     |30, 2005 . . . Provided further,|                 |
   |                     |That to the maximum extent      |                 |
   |                     |feasible, taking into           |                 |
   |                     |consideration cost, timely      |                 |
   |                     |availability, and best health   |                 |
   |                     |practices, funds appropriated in|                 |
   |                     |this Act or prior appropriations|                 |
   |                     |Acts that are made available for|                 |
   |                     |condom procurement shall be made|                 |
   |                     |available only for the          |                 |
   |                     |procurement of condoms          |                 |
   |                     |manufactured in the United      |                 |
   |                     |States. . . ."                  |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-199, Div. D, 118|                 |
   |                     |Stat. 145 (FY 04)               |                 |
   |---------------------+--------------------------------+-----------------|
   |---------------------+--------------------------------+-----------------|
   |To the maximum extent|Appropriations Act Heading:     |None             |
   |practicable,         |TITLE V - GENERAL PROVISIONS;   |                 |
   |consistent with full |delivery of assistance by air   |                 |
   |and open competition,|                                |                 |
   |contracts for certain|Text: "The Secretary of State   |                 |
   |air service shall be |and the Administrator of the    |                 |
   |entered into with    |United States Agency for        |                 |
   |U.S. carriers.       |International Development shall |                 |
   |                     |seek to ensure that, where      |                 |
   |                     |appropriate, dedicated air      |                 |
   |                     |service is provided for         |                 |
   |                     |transportation to areas where   |                 |
   |                     |scheduled air service is not    |                 |
   |                     |adequate to meet assistance     |                 |
   |                     |requirements on a timely basis: |                 |
   |                     |Provided, That to the maximum   |                 |
   |                     |extent practicable and in a     |                 |
   |                     |manner consistent with the use  |                 |
   |                     |of full and open competition (as|                 |
   |                     |that term is defined in section |                 |
   |                     |4(6) of the Office of Federal   |                 |
   |                     |Procurement Policy Act (41      |                 |
   |                     |U.S.C. 403(6)), contracts for   |                 |
   |                     |such dedicated air service shall|                 |
   |                     |be entered into with United     |                 |
   |                     |States air carriers."           |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-199, Div. D,    |                 |
   |                     |sect. 599A, 118 Stat. 210 (FY   |                 |
   |                     |04)                             |                 |
   |---------------------+--------------------------------+-----------------|
   |---------------------+--------------------------------+-----------------|
   |Provides that        |Appropriations Act Heading:     |FY 05: None      |
   |assistance under the |TITLE V - GENERAL PROVISIONS;   |                 |
   |Act make use of      |purchase of american-made       |FY 04: None      |
   |American resources to|equipment and products          |                 |
   |the maximum extent   |                                |FY 03: None      |
   |practicable.         |Text: "To the maximum extent    |                 |
   |                     |practicable, assistance provided|FY 01: sect.     |
   |                     |under this Act should make full |545(a)[5]        |
   |                     |use of American resources,      |                 |
   |                     |including commodities, products,|                 |
   |                     |and services."                  |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 107-115, sect. 541, |                 |
   |                     |115 Stat. 2154 (FY 02)          |                 |
   |---------------------+--------------------------------+-----------------|
   |---------------------+--------------------------------+-----------------|
   |Provides that all    |Appropriations Act Heading:     |None             |
   |USAID contracts shall|TITLE V - GENERAL PROVISIONS;   |                 |
   |include a clause     |competitive insurance           |                 |
   |requiring U.S.       |                                |                 |
   |insurance companies  |Text: "All Agency for           |                 |
   |to have a fair       |International Development       |                 |
   |opportunity to bid   |contracts and solicitations, and|                 |
   |for insurance.       |subcontract entered into under  |                 |
   |                     |such contracts, shall include a |                 |
   |                     |clause requiring that United    |                 |
   |                     |States insurance companies have |                 |
   |                     |a fair opportunity to bid for   |                 |
   |                     |insurance when such insurance is|                 |
   |                     |necessary or appropriate."      |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 106-429, App. A,    |                 |
   |                     |sect. 529, 114 Stat. 1900A-31   |                 |
   |                     |(FY 01)                         |                 |
   |---------------------+--------------------------------+-----------------|
   |---------------------+--------------------------------+-----------------|
   |Provides that, to the|Appropriations Act Heading:     |None             |
   |maximum extent       |TITLE V - GENERAL PROVISIONS;   |                 |
   |practicable, articles|restriction on united states    |                 |
   |and services used to |assistance for certain          |                 |
   |assist Eastern Europe|reconstruction efforts in       |                 |
   |and the Baltic States|central europe                  |                 |
   |to be of U.S. origin.|                                |                 |
   |                     |Text: "Funds appropriated or    |                 |
   |                     |otherwise made available by this|                 |
   |                     |Act for United States assistance|                 |
   |                     |for Eastern Europe and the      |                 |
   |                     |Baltic States should to the     |                 |
   |                     |maximum extent practicable be   |                 |
   |                     |used for the procurement of     |                 |
   |                     |articles and services of United |                 |
   |                     |States origin."                 |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 106-429, App. A,    |                 |
   |                     |sect. 582, 114 Stat. 1900A-55   |                 |
   |                     |(FY 01)                         |                 |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |                        Miscellaneous Provisions                        |
   |------------------------------------------------------------------------|
   |   Summary/Effect    |Procurement Related Provision| Similar/Identical  |
   |                     |                             |     Provisions     |
   |---------------------+-----------------------------+--------------------|
   |Requires significant |Appropriations Act Heading:  |FY 04: sect. 517(g) |
   |weight be given to   |TITLE V - GENERAL PROVISIONS;|                    |
   |contractors who      |independent states of the    |FY 03: sect. 517(g) |
   |invest their own     |former soviet union          |                    |
   |resources in certain |                             |FY 02: sect. 517(g) |
   |projects in the      |Text: "In issuing new task   |                    |
   |Independent States of|orders, entering into        |FY 01: sect. 517(g) |
   |the Former Soviet    |contracts, or making grants, |                    |
   |Union.               |with funds appropriated in   |                    |
   |                     |this Act or prior            |                    |
   |                     |appropriations Acts under the|                    |
   |                     |heading "Assistance for the  |                    |
   |                     |Independent States of the    |                    |
   |                     |Former Soviet Union" and     |                    |
   |                     |under comparable headings in |                    |
   |                     |prior appropriations Acts,   |                    |
   |                     |for projects or activities   |                    |
   |                     |that have as one of their    |                    |
   |                     |primary purposes the         |                    |
   |                     |fostering of private sector  |                    |
   |                     |development, the Coordinator |                    |
   |                     |for United States Assistance |                    |
   |                     |to Europe and Eurasia and the|                    |
   |                     |implementing agency shall    |                    |
   |                     |encourage the participation  |                    |
   |                     |of and give significant      |                    |
   |                     |weight to contractors and    |                    |
   |                     |grantees who propose         |                    |
   |                     |investing a significant      |                    |
   |                     |amount of their own resources|                    |
   |                     |(including volunteer services|                    |
   |                     |and in-kind contributions) in|                    |
   |                     |such projects and            |                    |
   |                     |activities."                 |                    |
   |                     |                             |                    |
   |                     |Pub. L. No. 108-447, Div. D, |                    |
   |                     |sect. 517(e), 118 Stat. 2997 |                    |
   |                     |(FY 05)                      |                    |
   |---------------------+-----------------------------+--------------------|
   |                     |                             |                    |
   |---------------------+-----------------------------+--------------------|
   |Allows USAID to place|Appropriations Act Heading:  |FY 04: sect.534(e)  |
   |task orders with     |TITLE V - GENERAL PROVISIONS;|                    |
   |small or small       |special authorities          |FY 03: sect. 534(f) |
   |disadvantaged        |                             |                    |
   |businesses as an     |Text: "Small Business.--In   |FY 02: sect. 534(f))|
   |exception to         |entering into multiple award |                    |
   |providing a fair     |indefinite-quantity contracts|FY 01: None         |
   |opportunity to all   |with funds appropriated by   |                    |
   |firms holding        |this Act, the United States  |                    |
   |multiple award IDIQ  |Agency for International     |                    |
   |contracts.           |Development may provide an   |                    |
   |                     |exception to the fair        |                    |
   |                     |opportunity process for      |                    |
   |                     |placing task orders under    |                    |
   |                     |such contracts when the order|                    |
   |                     |is placed with any category  |                    |
   |                     |of small or small            |                    |
   |                     |disadvantaged business."     |                    |
   |                     |                             |                    |
   |                     |Pub. L. No. 108-447, Div. D, |                    |
   |                     |sect. 534(e), 118 Stat. 3006 |                    |
   |                     |(FY 05)                      |                    |
   |---------------------+-----------------------------+--------------------|
   |                     |                             |                    |
   |---------------------+-----------------------------+--------------------|
   |Requires contracts to|Appropriations Act Heading:  |None                |
   |comply with statutory|TITLE V - GENERAL PROVISIONS;|                    |
   |subcontracting plan  |limitation on contracts      |                    |
   |requirements.        |                             |                    |
   |                     |Text: "None of the funds made|                    |
   |                     |available under this Act may |                    |
   |                     |be used to fund any contract |                    |
   |                     |in contravention of section  |                    |
   |                     |8(d)(6) of the Small Business|                    |
   |                     |Act (15 U.S.C. 637(d)(6))."  |                    |
   |                     |                             |                    |
   |                     |Pub. L. No. 108-447, Div. D, |                    |
   |                     |sect. 573, 118 Stat. 3027 (FY|                    |
   |                     |05)                          |                    |
   |---------------------+-----------------------------+--------------------|
   |                     |                             |                    |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |Limits contracts for|Appropriations Act Heading: TITLE V - GENERAL |None|
   |consulting services |PROVISIONS; consulting services               |    |
   |to those which are a|                                              |    |
   |matter of public    |Text: "The expenditure of any appropriation   |    |
   |record and included |under this Act for any consulting service     |    |
   |in a publicly       |through procurement contract, pursuant to     |    |
   |available list, with|section 3109 of title 5, United States Code,  |    |
   |exception.          |shall be limited to those contracts where such|    |
   |                    |expenditures are a matter of public record and|    |
   |                    |available for public inspection, except where |    |
   |                    |otherwise provided under existing law, or     |    |
   |                    |under existing Executive order pursuant to    |    |
   |                    |existing law."                                |    |
   |                    |                                              |    |
   |                    |Pub. L. No. 106-429, App. A, sect. 547, 114   |    |
   |                    |Stat. 1900A-40 (FY 01)                        |    |
   +------------------------------------------------------------------------+

   Table 3: Department of the Interior and Related Agencies Appropriations
   Act

   Fiscal Years 2001-2005

   +------------------------------------------------------------------------+
   |                          Domestic Preferences                          |
   |------------------------------------------------------------------------|
   |   Summary/Effect    | Procurement Related Provision  |Similar/Identical|
   |                     |                                |  Provisions[6]  |
   |---------------------+--------------------------------+-----------------|
   |Prohibits entities   |Appropriation Act Heading: TITLE|None             |
   |contracted to operate|III - GENERAL PROVISIONS        |                 |
   |the National         |                                |                 |
   |Recreation           |Text: "(a) In General.--An      |                 |
   |Reservation Service  |entity that enters into a       |                 |
   |from using a foreign |contract with the United States |                 |
   |contract center or   |to operate the National         |                 |
   |reservation agent who|Recreation Reservation Service  |                 |
   |does not live in the |(as solicited by the            |                 |
   |U.S.                 |solicitation numbered           |                 |
   |                     |WO-04-06vm) shall not carry out |                 |
   |                     |any duties under the contract   |                 |
   |                     |using:                          |                 |
   |                     |                                |                 |
   |                     |(1) a contact center located    |                 |
   |                     |outside the United States; or   |                 |
   |                     |                                |                 |
   |                     |(2) a reservation agent who does|                 |
   |                     |not live in the United States.  |                 |
   |                     |                                |                 |
   |                     |(b) No Waiver.--The Secretary of|                 |
   |                     |Agriculture may not waive the   |                 |
   |                     |requirements of subsection (a). |                 |
   |                     |                                |                 |
   |                     |(c) Telecommuting.--A           |                 |
   |                     |reservation agent who is        |                 |
   |                     |carrying out duties under the   |                 |
   |                     |contract described in subsection|                 |
   |                     |(a) may not telecommute from a  |                 |
   |                     |location outside the United     |                 |
   |                     |States.                         |                 |
   |                     |                                |                 |
   |                     |(d) Limitations.--Nothing in    |                 |
   |                     |this Act shall be construed to  |                 |
   |                     |apply to any employee of the    |                 |
   |                     |entity who is not a reservation |                 |
   |                     |agent carrying out the duties   |                 |
   |                     |under the contract described in |                 |
   |                     |subsection (a) or who provides  |                 |
   |                     |managerial or support services."|                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-447, Div. E,    |                 |
   |                     |sect. 338, 118 Stat. 3103 (FY   |                 |
   |                     |05)                             |                 |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |                  Notification/Reporting Requirements                   |
   |------------------------------------------------------------------------|
   |   Summary/Effect    | Procurement Related Provision  |Similar/Identical|
   |                     |                                |   Provisions    |
   |---------------------+--------------------------------+-----------------|
   |Requires a report to |Appropriations Act Heading:     |None             |
   |Congress on the      |TITLE I - DEPARTMENT OF THE     |                 |
   |amount of Interior   |INTERIOR; Departmental          |                 |
   |acquisitions of      |Management; salaries and        |                 |
   |articles, materials, |expenses                        |                 |
   |or supplies that were|                                |                 |
   |manufactured outside |Text: "For necessary expenses   |                 |
   |the U.S. and an      |for management of the Department|                 |
   |itemized list of all |of the Interior, . . . Provided,|                 |
   |Buy American Act     |That of this amount, sufficient |                 |
   |waivers.             |funds shall be available for the|                 |
   |                     |Secretary of the Interior, not  |                 |
   |                     |later than 60 days after the    |                 |
   |                     |last day of the fiscal year, to |                 |
   |                     |submit to Congress a report on  |                 |
   |                     |the amount of acquisitions made |                 |
   |                     |by the Department of the        |                 |
   |                     |Interior during such fiscal year|                 |
   |                     |of articles, materials, or      |                 |
   |                     |supplies that were manufactured |                 |
   |                     |outside the United States. Such |                 |
   |                     |report shall separately indicate|                 |
   |                     |the dollar value of any         |                 |
   |                     |articles, materials, or supplies|                 |
   |                     |purchased by the Department of  |                 |
   |                     |the Interior that were          |                 |
   |                     |manufactured outside the United |                 |
   |                     |States, an itemized list of all |                 |
   |                     |waivers under the Buy American  |                 |
   |                     |Act (41 U.S.C. 10a et seq.) that|                 |
   |                     |were granted with respect to    |                 |
   |                     |such articles, materials, or    |                 |
   |                     |supplies, and a summary of total|                 |
   |                     |procurement funds spent on goods|                 |
   |                     |manufactured in the United      |                 |
   |                     |States versus funds spent on    |                 |
   |                     |goods manufactured outside of   |                 |
   |                     |the United States. The Secretary|                 |
   |                     |of the Interior shall make the  |                 |
   |                     |report publicly available by    |                 |
   |                     |posting the report on an        |                 |
   |                     |Internet website. . . ."        |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-108, 117 Stat.  |                 |
   |                     |1262 (FY 04)                    |                 |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |                          Competitive Sourcing                          |
   |------------------------------------------------------------------------|
   |     Summary/Effect      |    Procurement Related     |Similar/Identical|
   |                         |         Provision          |   Provisions    |
   |-------------------------+----------------------------+-----------------|
   |Limits funding of        |Appropriations Act Heading: |None             |
   |competitive sourcing     |TITLE III - GENERAL         |                 |
   |studies until Energy and |PROVISIONS                  |                 |
   |Interior comply with     |                            |                 |
   |specified reprogramming  |Text: "(a) Limitation on    |                 |
   |requirements; limits     |Competitive Sourcing        |                 |
   |funds for Forest Service |Studies.--                  |                 |
   |competitive sourcing     |                            |                 |
   |studies; exempts certain |(1) Of the funds made       |                 |
   |Forest Service studies   |available by this or any    |                 |
   |from A-76 commitment and |other Act to the Department |                 |
   |review procedures;       |of Energy or the Department |                 |
   |requires congressional   |of the Interior for fiscal  |                 |
   |reports concerning       |year 2005, not more than the|                 |
   |competitive sourcing     |maximum amount specified in |                 |
   |studies to capture costs |paragraph (2) may be used by|                 |
   |attributable to the      |the Secretary of Energy or  |                 |
   |studies.                 |the Secretary of the        |                 |
   |                         |Interior to initiate or     |                 |
   |                         |continue competitive        |                 |
   |                         |sourcing studies in fiscal  |                 |
   |                         |year 2005 for programs,     |                 |
   |                         |projects, and activities for|                 |
   |                         |which funds are appropriated|                 |
   |                         |by this Act until such time |                 |
   |                         |as the Secretary concerned  |                 |
   |                         |submits a reprogramming     |                 |
   |                         |proposal to the Committees  |                 |
   |                         |on Appropriations of the    |                 |
   |                         |Senate and the House of     |                 |
   |                         |Representatives, and such   |                 |
   |                         |proposal has been processed |                 |
   |                         |consistent with the         |                 |
   |                         |reprogramming guidelines in |                 |
   |                         |House Report 108-330.       |                 |
   |                         |                            |                 |
   |                         |(2) For the purposes of     |                 |
   |                         |paragraph (1) the maximum   |                 |
   |                         |amount--                    |                 |
   |                         |                            |                 |
   |                         |(A) with respect to the     |                 |
   |                         |Department of Energy is     |                 |
   |                         |$500,000; and               |                 |
   |                         |                            |                 |
   |                         |(B) with respect to the     |                 |
   |                         |Department of the Interior  |                 |
   |                         |is $3,250,000.              |                 |
   |                         |                            |                 |
   |                         |(3) Of the funds            |                 |
   |                         |appropriated by this Act,   |                 |
   |                         |not more than $2,000,000 may|                 |
   |                         |be used in fiscal year 2005 |                 |
   |                         |for competitive sourcing    |                 |
   |                         |studies and related         |                 |
   |                         |activities by the Forest    |                 |
   |                         |Service.                    |                 |
   |                         |                            |                 |
   |                         |(b) Competitive Sourcing    |                 |
   |                         |Study Defined.--In this     |                 |
   |                         |section, the term           |                 |
   |                         |"competitive sourcing study"|                 |
   |                         |means a study on subjecting |                 |
   |                         |work performed by Federal   |                 |
   |                         |Government employees or     |                 |
   |                         |private contractors to      |                 |
   |                         |public-private competition  |                 |
   |                         |or on converting the Federal|                 |
   |                         |Government employees or the |                 |
   |                         |work performed by such      |                 |
   |                         |employees to private        |                 |
   |                         |contractor performance under|                 |
   |                         |the Office of Management and|                 |
   |                         |Budget Circular A-76 or any |                 |
   |                         |other administrative        |                 |
   |                         |regulation, directive, or   |                 |
   |                         |policy.                     |                 |
   |                         |                            |                 |
   |                         |(c) Section 340(b) of Public|                 |
   |                         |Law 108-108 is hereby       |                 |
   |                         |repealed.                   |                 |
   |                         |                            |                 |
   |                         |(d) Competitive Sourcing    |                 |
   |                         |Exemption for Forest Service|                 |
   |                         |Studies Conducted Prior to  |                 |
   |                         |Fiscal Year                 |                 |
   |                         |2005.--Notwithstanding      |                 |
   |                         |requirements of Office of   |                 |
   |                         |Management and Budget       |                 |
   |                         |Circular A-76, Attachment B,|                 |
   |                         |the Forest Service is hereby|                 |
   |                         |exempted from implementing  |                 |
   |                         |the Letter of Obligation and|                 |
   |                         |post-competition            |                 |
   |                         |accountability guidelines   |                 |
   |                         |where a competitive sourcing|                 |
   |                         |study involved 65 or fewer  |                 |
   |                         |full-time equivalents, the  |                 |
   |                         |performance decision was    |                 |
   |                         |made in favor of the agency |                 |
   |                         |provider; no net savings was|                 |
   |                         |achieved by conducting the  |                 |
   |                         |study, and the study was    |                 |
   |                         |completed prior to the date |                 |
   |                         |of this Act.                |                 |
   |                         |                            |                 |
   |                         |(e) In preparing any reports|                 |
   |                         |to the Committees on        |                 |
   |                         |Appropriations on           |                 |
   |                         |competitive sourcing        |                 |
   |                         |activities, agencies funded |                 |
   |                         |in this Act shall include   |                 |
   |                         |the incremental cost        |                 |
   |                         |directly attributable to    |                 |
   |                         |conducting the competitive  |                 |
   |                         |sourcing competitions,      |                 |
   |                         |including costs attributable|                 |
   |                         |to paying outside           |                 |
   |                         |consultants and contractors |                 |
   |                         |and, in accordance with full|                 |
   |                         |cost accounting principles, |                 |
   |                         |all costs attributable to   |                 |
   |                         |developing, implementing,   |                 |
   |                         |supporting, managing,       |                 |
   |                         |monitoring, and reporting on|                 |
   |                         |competitive sourcing,       |                 |
   |                         |including personnel,        |                 |
   |                         |consultant, travel, and     |                 |
   |                         |training costs associated   |                 |
   |                         |with program management."   |                 |
   |                         |                            |                 |
   |                         |Pub. L. No. 108-447, Div. E,|                 |
   |                         |sect. 332, 118 Stat. 3099-00|                 |
   |                         |(FY 05)                     |                 |
   |-------------------------+----------------------------+-----------------|
   |                         |                            |                 |
   |-------------------------+----------------------------+-----------------|
   |Requires Interior,       |Appropriations Act Heading: |None             |
   |Energy, and the Forest   |TITLE III - GENERAL         |                 |
   |Service to separately    |PROVISIONS                  |                 |
   |budget for competitive   |                            |                 |
   |sourcing studies;        |Text: (a) Justification of  |                 |
   |requires annual reports  |Competitive Sourcing        |                 |
   |on competitive sourcing  |Activities.--               |                 |
   |activities (this         |                            |                 |
   |requirement repealed in  |(1) In each budget submitted|                 |
   |fiscal year 2005);       |by the President to Congress|                 |
   |requires Interior,       |under section 1105 of title |                 |
   |Energy, and the Forest   |31, United States Code, for |                 |
   |Service to submit        |a fiscal year, beginning    |                 |
   |detailed proposals for   |with fiscal year 2005,      |                 |
   |competitive sourcing     |amounts requested to perform|                 |
   |studies to appropriations|competitive sourcing studies|                 |
   |committees; limits       |for programs, projects, and |                 |
   |funding of competitive   |activities listed in        |                 |
   |sourcing studies until   |paragraph (2) shall be set  |                 |
   |Energy and Interior      |forth separately from other |                 |
   |comply with specified    |amounts requested.          |                 |
   |reprogramming            |                            |                 |
   |requirements; limits     |(2) Paragraph (1) applies to|                 |
   |funds for Forest Service |programs, projects, and     |                 |
   |competitive sourcing     |activities--                |                 |
   |studies; imposes         |                            |                 |
   |limitations on conversion|(A) of the Department of the|                 |
   |to contractor performance|Interior for which funds are|                 |
   |of any activity or       |appropriated by this Act;   |                 |
   |function performed by    |                            |                 |
   |more than 10 Federal     |(B) of the Forest Service;  |                 |
   |employees; provides for  |and                         |                 |
   |exceptions.              |                            |                 |
   |                         |(C) of the Department of    |                 |
   |                         |Energy for which funds are  |                 |
   |                         |appropriated by this Act.   |                 |
   |                         |                            |                 |
   |                         |(b) Annual Reporting        |                 |
   |                         |Requirements on Competitive |                 |
   |                         |Sourcing Activities.--      |                 |
   |                         |                            |                 |
   |                         |(1) Not later than December |                 |
   |                         |31 of each year, beginning  |                 |
   |                         |with December 31, 2003, the |                 |
   |                         |Secretary concerned shall   |                 |
   |                         |submit to the Committees on |                 |
   |                         |Appropriations of the Senate|                 |
   |                         |and the House of            |                 |
   |                         |Representatives a report,   |                 |
   |                         |covering the preceding      |                 |
   |                         |fiscal year, on the         |                 |
   |                         |competitive sourcing studies|                 |
   |                         |conducted by the Department |                 |
   |                         |of the Interior, the Forest |                 |
   |                         |Service, or the Department  |                 |
   |                         |of Energy, as appropriate,  |                 |
   |                         |and the costs and cost      |                 |
   |                         |savings to the citizens of  |                 |
   |                         |the United States of such   |                 |
   |                         |studies.                    |                 |
   |                         |                            |                 |
   |                         |(2) In this subsection, the |                 |
   |                         |term "Secretary concerned"  |                 |
   |                         |means--                     |                 |
   |                         |                            |                 |
   |                         |(A) the Secretary of the    |                 |
   |                         |Interior, with respect to   |                 |
   |                         |the Department of the       |                 |
   |                         |Interior programs, projects,|                 |
   |                         |and activities for which    |                 |
   |                         |funds are appropriated by   |                 |
   |                         |this Act;                   |                 |
   |                         |                            |                 |
   |                         |(B) the Secretary of        |                 |
   |                         |Agriculture, with respect to|                 |
   |                         |the Forest Service; and     |                 |
   |                         |                            |                 |
   |                         |(C) the Secretary of Energy,|                 |
   |                         |with respect to the         |                 |
   |                         |Department of Energy        |                 |
   |                         |programs, projects, and     |                 |
   |                         |activities for which funds  |                 |
   |                         |are appropriated by this    |                 |
   |                         |Act.                        |                 |
   |                         |                            |                 |
   |                         |(3) The report under this   |                 |
   |                         |subsection shall include,   |                 |
   |                         |for the fiscal year         |                 |
   |                         |covered--                   |                 |
   |                         |                            |                 |
   |                         |(A) the total number of     |                 |
   |                         |competitions completed;     |                 |
   |                         |                            |                 |
   |                         |(B) the total number of     |                 |
   |                         |competitions announced,     |                 |
   |                         |together with a list of the |                 |
   |                         |activities covered by such  |                 |
   |                         |competitions;               |                 |
   |                         |                            |                 |
   |                         |(C) the total number of     |                 |
   |                         |full-time equivalent Federal|                 |
   |                         |employees studied under     |                 |
   |                         |completed competitions;     |                 |
   |                         |                            |                 |
   |                         |(D) the total number of     |                 |
   |                         |full-time equivalent Federal|                 |
   |                         |employees being studied     |                 |
   |                         |under competitions          |                 |
   |                         |announced, but not          |                 |
   |                         |completed;                  |                 |
   |                         |                            |                 |
   |                         |(E) the incremental cost    |                 |
   |                         |directly attributable to    |                 |
   |                         |conducting the competitions |                 |
   |                         |identified under            |                 |
   |                         |subparagraphs (A) and (B),  |                 |
   |                         |including costs attributable|                 |
   |                         |to paying outside           |                 |
   |                         |consultants and contractors;|                 |
   |                         |                            |                 |
   |                         |(F) an estimate of the total|                 |
   |                         |anticipated savings, or a   |                 |
   |                         |quantifiable description of |                 |
   |                         |improvements in service or  |                 |
   |                         |performance, derived from   |                 |
   |                         |completed competitions;     |                 |
   |                         |                            |                 |
   |                         |(G) actual savings, or a    |                 |
   |                         |quantifiable description of |                 |
   |                         |improvements in service or  |                 |
   |                         |performance, derived from   |                 |
   |                         |the implementation of       |                 |
   |                         |competitions;               |                 |
   |                         |                            |                 |
   |                         |(H) the total projected     |                 |
   |                         |number of full-time         |                 |
   |                         |equivalent Federal employees|                 |
   |                         |covered by competitions     |                 |
   |                         |scheduled to be announced in|                 |
   |                         |the fiscal year; and        |                 |
   |                         |                            |                 |
   |                         |(I) a description of how the|                 |
   |                         |competitive sourcing        |                 |
   |                         |decision making processes   |                 |
   |                         |are aligned with strategic  |                 |
   |                         |workforce plans.            |                 |
   |                         |                            |                 |
   |                         |(c) Declaration Of          |                 |
   |                         |Competitive Sourcing        |                 |
   |                         |Studies.--For fiscal year   |                 |
   |                         |2004, each of the           |                 |
   |                         |Secretaries of executive    |                 |
   |                         |departments referred to in  |                 |
   |                         |subsection (b)(2) shall     |                 |
   |                         |submit a detailed           |                 |
   |                         |competitive sourcing        |                 |
   |                         |proposal to the Committees  |                 |
   |                         |on Appropriations of the    |                 |
   |                         |Senate and the House of     |                 |
   |                         |Representatives not later   |                 |
   |                         |than 60 days after the date |                 |
   |                         |of the enactment of this    |                 |
   |                         |Act. The proposal shall     |                 |
   |                         |include, for each           |                 |
   |                         |competitive sourcing study  |                 |
   |                         |proposed to be carried out  |                 |
   |                         |by or for the Secretary     |                 |
   |                         |concerned, the number of    |                 |
   |                         |positions to be studied, the|                 |
   |                         |amount of funds needed for  |                 |
   |                         |the study, and the program, |                 |
   |                         |project, and activity from  |                 |
   |                         |which the funds will be     |                 |
   |                         |expended.                   |                 |
   |                         |                            |                 |
   |                         |(d) Limitation on           |                 |
   |                         |Competitive Sourcing        |                 |
   |                         |Studies.--                  |                 |
   |                         |                            |                 |
   |                         |(1) Of the funds made       |                 |
   |                         |available by this or any    |                 |
   |                         |other Act to the Department |                 |
   |                         |of Energy or the Department |                 |
   |                         |of the Interior for fiscal  |                 |
   |                         |year 2004, not more than the|                 |
   |                         |maximum amount specified in |                 |
   |                         |paragraph (2)(A) may be used|                 |
   |                         |by the Secretary of Energy  |                 |
   |                         |or the Secretary of the     |                 |
   |                         |Interior to initiate or     |                 |
   |                         |continue competitive        |                 |
   |                         |sourcing studies in fiscal  |                 |
   |                         |year 2004 for programs,     |                 |
   |                         |projects, and activities for|                 |
   |                         |which funds are appropriated|                 |
   |                         |by this Act until such time |                 |
   |                         |as the Secretary concerned  |                 |
   |                         |submits a reprogramming     |                 |
   |                         |proposal to the Committees  |                 |
   |                         |on Appropriations of the    |                 |
   |                         |Senate and the House of     |                 |
   |                         |Representatives, and such   |                 |
   |                         |proposal has been processed |                 |
   |                         |consistent with the fiscal  |                 |
   |                         |year 2004 reprogramming     |                 |
   |                         |guidelines.                 |                 |
   |                         |                            |                 |
   |                         |(2) For the purposes of     |                 |
   |                         |paragraph (1)--             |                 |
   |                         |                            |                 |
   |                         |(A) the maximum amount--    |                 |
   |                         |                            |                 |
   |                         |(i) with respect to the     |                 |
   |                         |Department of Energy is     |                 |
   |                         |$500,000; and               |                 |
   |                         |                            |                 |
   |                         |(ii) with respect to the    |                 |
   |                         |Department of the Interior  |                 |
   |                         |is $2,500,000; and          |                 |
   |                         |                            |                 |
   |                         |(B) the fiscal year 2004    |                 |
   |                         |reprogramming guidelines    |                 |
   |                         |referred to in such         |                 |
   |                         |paragraph are the           |                 |
   |                         |reprogramming guidelines set|                 |
   |                         |forth in the joint          |                 |
   |                         |explanatory statement       |                 |
   |                         |accompanying the Act (H.R.  |                 |
   |                         |2691, 108^th Congress, 1^st |                 |
   |                         |session), making            |                 |
   |                         |appropriations for the      |                 |
   |                         |Department of the Interior  |                 |
   |                         |and related agencies for the|                 |
   |                         |fiscal year ending September|                 |
   |                         |30, 2004, and for other     |                 |
   |                         |purposes.                   |                 |
   |                         |                            |                 |
   |                         |(3) Of the funds            |                 |
   |                         |appropriated by this Act,   |                 |
   |                         |not more than $5,000,000 may|                 |
   |                         |be used in fiscal year 2004 |                 |
   |                         |for competitive sourcing    |                 |
   |                         |studies and related         |                 |
   |                         |activities by the Forest    |                 |
   |                         |Service.                    |                 |
   |                         |                            |                 |
   |                         |(e) Limitation on Conversion|                 |
   |                         |to Contractor Performance.--|                 |
   |                         |                            |                 |
   |                         |(1) None of the funds made  |                 |
   |                         |available in this or any    |                 |
   |                         |other Act may be used to    |                 |
   |                         |convert to contractor       |                 |
   |                         |performance an activity or  |                 |
   |                         |function of the Forest      |                 |
   |                         |Service, an activity or     |                 |
   |                         |function of the Department  |                 |
   |                         |of the Interior performed   |                 |
   |                         |under programs, projects,   |                 |
   |                         |and activities for which    |                 |
   |                         |funds are appropriated by   |                 |
   |                         |this Act, or an activity or |                 |
   |                         |function of the Department  |                 |
   |                         |of Energy performed under   |                 |
   |                         |programs, projects, and     |                 |
   |                         |activities for which funds  |                 |
   |                         |are appropriated by this    |                 |
   |                         |Act, if such activity or    |                 |
   |                         |function is performed on or |                 |
   |                         |after the date of the       |                 |
   |                         |enactment of this Act by    |                 |
   |                         |more than 10 Federal        |                 |
   |                         |employees unless--          |                 |
   |                         |                            |                 |
   |                         |(A) the conversion is based |                 |
   |                         |on the result of a          |                 |
   |                         |public-private competition  |                 |
   |                         |that includes a more        |                 |
   |                         |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 Federal       |                 |
   |                         |Government by an amount that|                 |
   |                         |equals or exceeds the lesser|                 |
   |                         |of--                        |                 |
   |                         |                            |                 |
   |                         |(i) 10 percent of the more  |                 |
   |                         |efficient organization's    |                 |
   |                         |personnel-related costs for |                 |
   |                         |performance of that activity|                 |
   |                         |or function by Federal      |                 |
   |                         |employees; or               |                 |
   |                         |                            |                 |
   |                         |(ii) $10,000,000.           |                 |
   |                         |                            |                 |
   |                         |(2) This subsection shall   |                 |
   |                         |not apply to a commercial or|                 |
   |                         |industrial type function    |                 |
   |                         |that--                      |                 |
   |                         |                            |                 |
   |                         |(A) is included on the      |                 |
   |                         |procurement list established|                 |
   |                         |pursuant to section 2 of the|                 |
   |                         |Javits-Wagner-O'Day Act (41 |                 |
   |                         |U.S.C. 47);                 |                 |
   |                         |                            |                 |
   |                         |(B) 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; or|                 |
   |                         |                            |                 |
   |                         |(C) is planned to be        |                 |
   |                         |converted to performance by |                 |
   |                         |a qualified firm under at   |                 |
   |                         |least 51 percent ownership  |                 |
   |                         |by an Indian tribe, as      |                 |
   |                         |defined in section 4(e) of  |                 |
   |                         |the Indian                  |                 |
   |                         |Self-Determination and      |                 |
   |                         |Education Assistance Act (25|                 |
   |                         |U.S.C. 450b(e)), or a Native|                 |
   |                         |Hawaiian Organization, as   |                 |
   |                         |defined in section 8(a)(15) |                 |
   |                         |of the Small Business Act   |                 |
   |                         |(15 U.S.C. 637(a)(15)).     |                 |
   |                         |                            |                 |
   |                         |(3) The conversion of any   |                 |
   |                         |activity or function under  |                 |
   |                         |the authority provided by   |                 |
   |                         |this subsection shall be    |                 |
   |                         |credited toward any         |                 |
   |                         |competitive or outsourcing  |                 |
   |                         |goal, target, or measurement|                 |
   |                         |that may be established by  |                 |
   |                         |statute, regulation, or     |                 |
   |                         |policy.                     |                 |
   |                         |                            |                 |
   |                         |(f) Competitive Sourcing    |                 |
   |                         |Study Defined.--In this     |                 |
   |                         |subsection, the term        |                 |
   |                         |"competitive sourcing study"|                 |
   |                         |means a study on subjecting |                 |
   |                         |work performed by Federal   |                 |
   |                         |Government employees or     |                 |
   |                         |private contractors to      |                 |
   |                         |public-private competition  |                 |
   |                         |or on converting the Federal|                 |
   |                         |Government employees or the |                 |
   |                         |work performed by such      |                 |
   |                         |employees to private        |                 |
   |                         |contractor performance under|                 |
   |                         |the Office of Management and|                 |
   |                         |Budget Circular A-76 or any |                 |
   |                         |other administrative        |                 |
   |                         |regulation, directive, or   |                 |
   |                         |policy."                    |                 |
   |                         |                            |                 |
   |                         |Pub. L. No. 108-108, sect.  |                 |
   |                         |340, 117 Stat. 1315-17 (FY  |                 |
   |                         |04)                         |                 |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |                        Miscellaneous Provisions                        |
   |------------------------------------------------------------------------|
   |   Summary/Effect   |Procurement Related Provision|  Similar/Identical  |
   |                    |                             |     Provisions      |
   |--------------------+-----------------------------+---------------------|
   |Notwithstanding CICA|Appropriations Act Heading:  |FY 04: 117 Stat. 1242|
   |requirements, allows|TITLE I - DEPARTMENT OF THE  |                     |
   |competition for     |INTERIOR; Bureau of Land     |FY 03: 117 Stat. 217 |
   |hazardous fuels     |Management; wildland fire    |                     |
   |reduction activities|management                   |FY 02: 115 Stat. 415 |
   |to be limited to    |                             |                     |
   |specified groups or |Text: "For necessary expenses|FY 01: 114 Stat. 1007|
   |entities.           |for fire preparedness,       |                     |
   |                    |suppression operations, fire |                     |
   |                    |science and research,        |                     |
   |                    |emergency rehabilitation,    |                     |
   |                    |hazardous fuels reduction,   |                     |
   |                    |and rural fire assistance by |                     |
   |                    |the Department of the        |                     |
   |                    |Interior . . . Provided      |                     |
   |                    |further, That notwithstanding|                     |
   |                    |requirements of the          |                     |
   |                    |Competition in Contracting   |                     |
   |                    |Act, the Secretary, for      |                     |
   |                    |purposes of hazardous fuels  |                     |
   |                    |reduction activities, may    |                     |
   |                    |obtain maximum practicable   |                     |
   |                    |competition among: (1) local |                     |
   |                    |private, nonprofit, or       |                     |
   |                    |cooperative entities; (2)    |                     |
   |                    |Youth Conservation Corps     |                     |
   |                    |crews or related partnerships|                     |
   |                    |with State, local, or        |                     |
   |                    |non-profit youth groups; (3) |                     |
   |                    |small or microbusinesses; or |                     |
   |                    |(4) other entities that will |                     |
   |                    |hire or train locally a      |                     |
   |                    |significant percentage,      |                     |
   |                    |defined as 50 percent or     |                     |
   |                    |more, of the project         |                     |
   |                    |workforce to complete such   |                     |
   |                    |contracts. . . ."            |                     |
   |                    |                             |                     |
   |                    |Pub. L. No. 108-447, Div. E, |                     |
   |                    |118 Stat. 3040 (FY 05)       |                     |
   |--------------------+-----------------------------+---------------------|
   |--------------------+-----------------------------+---------------------|
   |Requires National   |Appropriations Act Heading:  |FY 04: 117 Stat. 1253|
   |Park Service        |TITLE I - DEPARTMENT OF THE  |                     |
   |contracts and grants|INTERIOR; National Park      |FY 03: 117 Stat. 227 |
   |to include the text |Service; administrative      |                     |
   |of a law prohibiting|provisions                   |FY 02: 115 Stat. 426 |
   |lobbying with       |                             |                     |
   |appropriated moneys.|Text: ". . . Provided, That  |FY 01: 114 Stat. 930 |
   |                    |none of the funds            |                     |
   |                    |appropriated to the National |                     |
   |                    |Park Service may be used to  |                     |
   |                    |process any grant or contract|                     |
   |                    |documents which do not       |                     |
   |                    |include the text of 18 U.S.C.|                     |
   |                    |1913. . . ."                 |                     |
   |                    |                             |                     |
   |                    |Pub. L. No. 108-447, Div. E, |                     |
   |                    |118 Stat. 3050 (FY 05)       |                     |
   |--------------------+-----------------------------+---------------------|
   |                    |                             |                     |
   |--------------------+-----------------------------+---------------------|
   |Allows the U.S.     |Appropriations Act Heading:  |None                 |
   |Geological Survey to|TITLE I - DEPARTMENT OF THE  |                     |
   |enter into contracts|INTERIOR; United States      |                     |
   |without competition |Geological Survey;           |                     |
   |for the services of |administrative provisions    |                     |
   |students or recent  |                             |                     |
   |graduates.          |Text: ". . . [T]he United    |                     |
   |                    |States Geological Survey may |                     |
   |                    |enter into contracts or      |                     |
   |                    |cooperative agreements       |                     |
   |                    |directly with individuals or |                     |
   |                    |indirectly with institutions |                     |
   |                    |or nonprofit organizations,  |                     |
   |                    |without regard to 41 U.S.C.  |                     |
   |                    |5, for the temporary or      |                     |
   |                    |intermittent services of     |                     |
   |                    |students or recent graduates,|                     |
   |                    |who shall be considered      |                     |
   |                    |employees for the purpose of |                     |
   |                    |chapters 57 and 81 of title  |                     |
   |                    |5, United States Code,       |                     |
   |                    |relating to compensation for |                     |
   |                    |travel and work injuries, and|                     |
   |                    |chapter 171 of title 28,     |                     |
   |                    |United States Code, relating |                     |
   |                    |to tort claims, but shall not|                     |
   |                    |be considered to be Federal  |                     |
   |                    |employees for any other      |                     |
   |                    |purposes."                   |                     |
   |                    |                             |                     |
   |                    |Pub. L. No. 108-447, Div. E, |                     |
   |                    |118 Stat. 3052 (FY 05)       |                     |
   |--------------------+-----------------------------+---------------------|
   |                    |                             |                     |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |Allows the Bureau of |Appropriations Act Heading: TITLE|FY 04: 117 Stat.|
   |Indian Affairs to    |I - DEPARTMENT OF THE INTERIOR;  |1259            |
   |contract for support |Bureau of Indian Affairs;        |                |
   |services for the     |administrative provisions        |FY 03: 117 Stat.|
   |Power Division of the|                                 |233             |
   |San Carlos Irrigation|Text: "Notwithstanding 25 U.S.C. |                |
   |Project without      |15, the Bureau of Indian Affairs |FY 02: None     |
   |submitting to        |may contract for services in     |                |
   |Congress a copy of   |support of the management,       |FY 01: None     |
   |the contract and     |operation, and maintenance of the|                |
   |reasons for proposing|Power Division of the San Carlos |                |
   |the contract.        |Irrigation Project."             |                |
   |                     |                                 |                |
   |                     |Pub. L. No. 108-447, Div. E, 118 |                |
   |                     |Stat. 3057 (FY 05)               |                |
   |---------------------+---------------------------------+----------------|
   |                     |                                 |                |
   |---------------------+---------------------------------+----------------|
   |Allows certain       |Appropriations Act Heading: TITLE|FY 04: 117 Stat.|
   |contracts for the    |II - RELATED AGENCIES; OTHER     |1298            |
   |Smithsonian          |RELATED AGENCIES; Smithsonian    |                |
   |Institution to be    |Institution; facilities capital  |FY 03: 117 Stat.|
   |negotiated with      |                                 |266             |
   |selected contractors |Text: "For necessary expenses of |                |
   |and awarded on the   |repair, revitalization, and      |FY 02: 115 Stat.|
   |basis of contractor  |alteration of facilities owned or|461             |
   |qualification as well|occupied by the Smithsonian      |                |
   |as price.            |Institution . . . Provided, That |FY 01: 114 Stat.|
   |                     |contracts awarded for            |983             |
   |                     |environmental systems, protection|                |
   |                     |systems, and repair or           |                |
   |                     |restoration of facilities of the |                |
   |                     |Smithsonian Institution may be   |                |
   |                     |negotiated with selected         |                |
   |                     |contractors and awarded on the   |                |
   |                     |basis of contractor              |                |
   |                     |qualifications as well as price."|                |
   |                     |                                 |                |
   |                     |Pub. L. No. 108-447, Div. E, 118 |                |
   |                     |Stat. 3088-89 (FY 05)            |                |
   |---------------------+---------------------------------+----------------|
   |                     |                                 |                |
   |---------------------+---------------------------------+----------------|
   |Allows National      |Appropriations Act Heading: TITLE|FY 04: 117 Stat.|
   |Gallery of Art to    |II - RELATED AGENCIES; OTHER     |1299            |
   |contract for services|RELATED AGENCIES; National       |                |
   |for restoration and  |Gallery of Art; salaries and     |FY 03: 117 Stat.|
   |repair or artwork    |expenses                         |267             |
   |without competition  |                                 |                |
   |and under terms and  |Text: "For . . . purchase of     |FY 02: 115 Stat.|
   |conditions deemed    |services for restoration and     |461             |
   |proper by the        |repair of works of art for the   |                |
   |Gallery.             |National Gallery of Art by       |FY 01: 114 Stat.|
   |                     |contracts made, without          |983             |
   |                     |advertising, with individuals,   |                |
   |                     |firms, or organizations at such  |                |
   |                     |rates or prices and under such   |                |
   |                     |terms and conditions as the      |                |
   |                     |Gallery may deem proper. . . ."  |                |
   |                     |                                 |                |
   |                     |Pub. L. No. 108-447, Div. E, 118 |                |
   |                     |Stat. 3089 (FY 05)               |                |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |                     |                                 |                |
   |---------------------+---------------------------------+----------------|
   |Allows certain       |Appropriations Act Heading: TITLE|FY 04: 117 Stat.|
   |contracts for the    |II - RELATED AGENCIES; OTHER     |1299            |
   |National Gallery of  |RELATED AGENCIES; National       |                |
   |Art to be negotiated |Gallery of Art; repair,          |FY 03: 117 Stat.|
   |with selected        |restoration and renovation of    |267             |
   |contractors and      |buildings                        |                |
   |awarded on the basis |                                 |FY 02: 115 Stat.|
   |of contractor        |Text: "For necessary expenses of |462             |
   |qualification as well|repair, restoration and          |                |
   |as price.            |renovation of buildings, grounds |FY 01: 114 Stat.|
   |                     |and facilities owned or occupied |984             |
   |                     |by the National Gallery of Art,  |                |
   |                     |by contract or otherwise, as     |                |
   |                     |authorized, $11,100,000, to      |                |
   |                     |remain available until expended: |                |
   |                     |Provided, That contracts awarded |                |
   |                     |for environmental systems,       |                |
   |                     |protection systems, and exterior |                |
   |                     |repair or renovation of buildings|                |
   |                     |of the National Gallery of Art   |                |
   |                     |may be negotiated with selected  |                |
   |                     |contractors and awarded on the   |                |
   |                     |basis of contractor              |                |
   |                     |qualifications as well as price."|                |
   |                     |                                 |                |
   |                     |Pub. L. No. 108-447, Div. E, 118 |                |
   |                     |Stat. 3090 (FY 05)               |                |
   |---------------------+---------------------------------+----------------|
   |                     |                                 |                |
   |---------------------+---------------------------------+----------------|
   |Requires National    |Appropriations Act Heading: TITLE|FY 04: 117 Stat.|
   |Foundation of the    |II - RELATED AGENCIES; OTHER     |1300            |
   |Arts and the         |RELATED AGENCIES; National       |                |
   |Humanities contracts |Gallery of Art; administrative   |FY 03: 117 Stat.|
   |and grants to include|provisions                       |268             |
   |the text of a law    |                                 |                |
   |prohibiting lobbying |Text: "None of the funds         |FY 02: 115 Stat.|
   |with appropriated    |appropriated to the National     |463             |
   |moneys.              |Foundation on the Arts and the   |                |
   |                     |Humanities may be used to process|FY 01: 114 Stat.|
   |                     |any grant or contract documents  |985             |
   |                     |which do not include the text of |                |
   |                     |18 U.S.C. 1913. . . ."           |                |
   |                     |                                 |                |
   |                     |Pub. L. No. 108-447, Div. E, 118 |                |
   |                     |Stat. 3091 (FY 05)               |                |
   |---------------------+---------------------------------+----------------|
   |                     |                                 |                |
   |---------------------+---------------------------------+----------------|
   |Limits contracts for |Appropriations Act Heading: TITLE|FY 04: sect. 301|
   |consulting service to|III - GENERAL PROVISIONS         |                |
   |those which are a    |                                 |FY 03: sect. 301|
   |matter of pubic      |Text: "The expenditure of any    |                |
   |record and included  |appropriation under this Act for |FY 02: sect. 301|
   |in a publicly        |any consulting service through   |                |
   |available list, with |procurement contract, pursuant to|FY 01: sect. 301|
   |exception.           |5 U.S.C. 3109, shall be limited  |                |
   |                     |to those contracts where such    |                |
   |                     |expenditures are a matter of     |                |
   |                     |public record and available for  |                |
   |                     |public inspection, except where  |                |
   |                     |otherwise provided under existing|                |
   |                     |law, or under existing Executive |                |
   |                     |order issued pursuant to existing|                |
   |                     |law."                            |                |
   |                     |                                 |                |
   |                     |Pub. L. No. 108-447, Div. E,     |                |
   |                     |sect. 301, 118 Stat. 3092 (FY 05)|                |
   |---------------------+---------------------------------+----------------|
   |                     |                                 |                |
   |---------------------+---------------------------------+----------------|
   |Allows limited       |Appropriations Act Heading: TITLE|FY 04: sect. 315|
   |competition for      |III - GENERAL PROVISIONS         |                |
   |certain watershed    |                                 |FY 03: sect. 315|
   |restoration project  |Text: "Notwithstanding any other |                |
   |contracts.           |provision of law, for fiscal year|FY 02: sect. 311|
   |                     |2005 the Secretaries of          |                |
   |                     |Agriculture and the Interior are |FY 01: sect. 313|
   |                     |authorized to limit competition  |                |
   |                     |for watershed restoration project|                |
   |                     |contracts as part of the "Jobs in|                |
   |                     |the Woods" Program established in|                |
   |                     |Region 10 of the Forest Service  |                |
   |                     |to individuals and entities in   |                |
   |                     |historically timber-dependent    |                |
   |                     |areas in the States of           |                |
   |                     |Washington, Oregon, northern     |                |
   |                     |California, Idaho, Montana, and  |                |
   |                     |Alaska that have been affected by|                |
   |                     |reduced timber harvesting on     |                |
   |                     |Federal lands. The Secretaries   |                |
   |                     |shall consider the benefits to   |                |
   |                     |the local economy in evaluating  |                |
   |                     |bids and designing procurements  |                |
   |                     |which create economic            |                |
   |                     |opportunities for local          |                |
   |                     |contractors."                    |                |
   |                     |                                 |                |
   |                     |Pub. L. No. 108-447, Div. E,     |                |
   |                     |sect. 314, 118 Stat. 3095 (FY 05)|                |
   |---------------------+---------------------------------+----------------|
   |                     |                                 |                |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |In evaluating bids or|Appropriations Act Heading: TITLE|None            |
   |proposals for certain|III - GENERAL PROVISIONS         |                |
   |contracts, the       |                                 |                |
   |Secretary may give   |Text: "In awarding a Federal     |                |
   |consideration to     |contract with funds made         |                |
   |local contractors    |available by this Act, the       |                |
   |from economically    |Secretary of Agriculture and the |                |
   |disadvantaged rural  |Secretary of the Interior (the   |                |
   |communities;         |"Secretaries") may, in evaluating|                |
   |notwithstanding      |bids and proposals, give         |                |
   |Federal Government   |consideration to local           |                |
   |procurement and      |contractors who are from, and who|                |
   |contracting laws,    |provide employment and training  |                |
   |allows competition   |for, dislocated and displaced    |                |
   |for certain contracts|workers in an economically       |                |
   |to be limited to     |disadvantaged rural community,   |                |
   |specified groups or  |including those historically     |                |
   |entities.            |timber-dependent areas that have |                |
   |                     |been affected by reduced timber  |                |
   |                     |harvesting on Federal lands and  |                |
   |                     |other forest-dependent rural     |                |
   |                     |communities isolated from        |                |
   |                     |significant alternative          |                |
   |                     |employment opportunities:        |                |
   |                     |Provided, That notwithstanding   |                |
   |                     |Federal Government procurement   |                |
   |                     |and contracting laws the         |                |
   |                     |Secretaries may award contracts, |                |
   |                     |grants or cooperative agreements |                |
   |                     |to local non-profit entities,    |                |
   |                     |Youth Conservation Corps or      |                |
   |                     |related partnerships with State, |                |
   |                     |local or non-profit youth groups,|                |
   |                     |or small or disadvantaged        |                |
   |                     |business: Provided further, That |                |
   |                     |the contract, grant, or          |                |
   |                     |cooperative agreement is for     |                |
   |                     |forest hazardous fuels reduction,|                |
   |                     |watershed or water quality       |                |
   |                     |monitoring or restoration,       |                |
   |                     |wildlife or fish population      |                |
   |                     |monitoring, or habitat           |                |
   |                     |restoration or management:       |                |
   |                     |Provided further, That the terms |                |
   |                     |"rural community" and            |                |
   |                     |"economically disadvantaged"     |                |
   |                     |shall have the same meanings as  |                |
   |                     |in section 2374 of Public Law    |                |
   |                     |101-624: Provided further, That  |                |
   |                     |the Secretaries shall develop    |                |
   |                     |guidance to implement this       |                |
   |                     |section: Provided further, That  |                |
   |                     |nothing in this section shall be |                |
   |                     |construed as relieving the       |                |
   |                     |Secretaries of any duty under    |                |
   |                     |applicable procurement laws,     |                |
   |                     |except as provided in this       |                |
   |                     |section."                        |                |
   |                     |                                 |                |
   |                     |Pub. L. No. 108-447, Div. E,     |                |
   |                     |sect. 328, 118 Stat. 3098-99 (FY |                |
   |                     |05)                              |                |
   |---------------------+---------------------------------+----------------|
   |                     |                                 |                |
   |---------------------+---------------------------------+----------------|
   |In evaluating bids   |Appropriation Act Heading: TITLE |FY 03: sect. 333|
   |and proposals for    |III - GENERAL PROVISIONS         |                |
   |certain contracts,   |                                 |                |
   |the Secretary may    |Text: "In awarding a Federal     |                |
   |give consideration to|Contract with funds made         |                |
   |local contractors    |available by this Act, the       |                |
   |from economically    |Secretary of Agriculture and the |                |
   |disadvantaged rural  |Secretary of the Interior (the   |                |
   |communities; states  |"Secretaries") may, in evaluating|                |
   |that Secretary may   |bids and proposals, give         |                |
   |award certain        |consideration to local           |                |
   |contracts to         |contractors who are from, and who|                |
   |specified groups or  |provide employment and training  |                |
   |entities.            |for, dislocated and displaced    |                |
   |                     |workers in an economically       |                |
   |                     |disadvantaged rural community,   |                |
   |                     |including those historically     |                |
   |                     |timber-dependent areas that have |                |
   |                     |been affected by reduced timber  |                |
   |                     |harvesting on Federal lands and  |                |
   |                     |other forest-dependent rural     |                |
   |                     |communities isolated from        |                |
   |                     |significant alternative          |                |
   |                     |employment opportunities:        |                |
   |                     |Provided, That the Secretaries   |                |
   |                     |may award grants or cooperative  |                |
   |                     |agreements to local non-profit   |                |
   |                     |entities, Youth Conservation     |                |
   |                     |Corps or related partnerships    |                |
   |                     |with State, local or non-profit  |                |
   |                     |youth groups, or small or        |                |
   |                     |disadvantaged business: Provided |                |
   |                     |further, That the contract,      |                |
   |                     |grant, or cooperative agreement  |                |
   |                     |is for forest hazardous fuels    |                |
   |                     |reduction, watershed or water    |                |
   |                     |quality monitoring or            |                |
   |                     |restoration, wildlife or fish    |                |
   |                     |population monitoring, or habitat|                |
   |                     |restoration or management:       |                |
   |                     |Provided further, That the terms |                |
   |                     |"rural community" and            |                |
   |                     |"economically disadvantaged"     |                |
   |                     |shall have the same meanings as  |                |
   |                     |in section 2374 of Public Law    |                |
   |                     |101-624: Provided further, That  |                |
   |                     |the Secretaries shall develop    |                |
   |                     |guidance to implement this       |                |
   |                     |section: Provided further, That  |                |
   |                     |nothing in this section shall be |                |
   |                     |construed as relieving the       |                |
   |                     |Secretaries of any duty under    |                |
   |                     |applicable procurement laws,     |                |
   |                     |except as provided in this       |                |
   |                     |section."                        |                |
   |                     |                                 |                |
   |                     |Pub. L. No. 108-108, sect. 330,  |                |
   |                     |117 Stat. 1309 (FY 04)           |                |
   |---------------------+---------------------------------+----------------|
   |                     |                                 |                |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |Allows Secretary of  |Appropriations Act Heading: TITLE III |None       |
   |Agriculture to       |- GENERAL PROVISIONS                  |           |
   |contract, including  |                                      |           |
   |sole source, with the|Text: "Federal and State Cooperative  |           |
   |state of Utah for    |Forest, Rangeland, and Watershed      |           |
   |certain services on  |Restoration in Utah. (a)              |           |
   |National Forest      |Authority.--Until September 30, 2006, |           |
   |System lands.        |the Secretary of Agriculture, via     |           |
   |                     |cooperative agreement or contract     |           |
   |                     |(including sole source contract) as   |           |
   |                     |appropriate, may permit the State     |           |
   |                     |Forester of the State of Utah to      |           |
   |                     |perform forest, rangeland, and        |           |
   |                     |watershed restoration services on     |           |
   |                     |National Forest System lands in the   |           |
   |                     |State of Utah. Restoration services   |           |
   |                     |provided are to be on a project to    |           |
   |                     |project basis as planned or made ready|           |
   |                     |for implementation under existing     |           |
   |                     |authorities of the Forest Service. The|           |
   |                     |types of restoration services that may|           |
   |                     |be contracted under this authority    |           |
   |                     |include treatment of insect infected  |           |
   |                     |trees, reduction of hazardous fuels,  |           |
   |                     |and other activities to restore or    |           |
   |                     |improve forest, rangeland, and        |           |
   |                     |watershed health including fish and   |           |
   |                     |wildlife habitat. . . ."              |           |
   |                     |                                      |           |
   |                     |                                      |           |
   |                     |                                      |           |
   |                     |Pub. L. No 108-447, Div. E, sect. 337,|           |
   |                     |118 Stat. 3102-03 (FY 05)             |           |
   |---------------------+--------------------------------------+-----------|
   |                     |                                      |           |
   |---------------------+--------------------------------------+-----------|
   |Notwithstanding      |Appropriations Act Heading: TITLE II -|FY 05: None|
   |Federal Government   |RELATED AGENCIES; DEPARTMENT OF       |           |
   |procurement and      |AGRICULTURE; Forest Service; wildland |FY 03: 117 |
   |contracting laws,    |fire management                       |Stat. 251  |
   |allows contracts for |                                      |           |
   |hazardous fuel       |                                      |FY 02: 115 |
   |reduction activities |                                      |Stat. 445  |
   |to be awarded to     |Text : "For necessary expenses for    |           |
   |specified groups or  |forest fire presuppression activities |FY 01: 114 |
   |entities.            |on National Forest System lands . . . |Stat. 1008 |
   |                     |Provided further, That in using the   |           |
   |                     |funds provided in this Act for        |           |
   |                     |hazardous fuels reduction activities, |           |
   |                     |the Secretary of Agriculture may      |           |
   |                     |conduct fuel reduction treatments on  |           |
   |                     |Federal lands using all contracting   |           |
   |                     |and hiring authorities available to   |           |
   |                     |the Secretary applicable to hazardous |           |
   |                     |fuel reduction activities under the   |           |
   |                     |wildland fire management accounts:    |           |
   |                     |Provided further, That notwithstanding|           |
   |                     |Federal Government procurement and    |           |
   |                     |contracting laws, the Secretaries may |           |
   |                     |conduct fuel reduction treatments,    |           |
   |                     |rehabilitation and restoration, and   |           |
   |                     |other activities authorized under this|           |
   |                     |heading on and adjacent to Federal    |           |
   |                     |lands using grants and cooperative    |           |
   |                     |agreements: Provided further, That    |           |
   |                     |notwithstanding Federal Government    |           |
   |                     |procurement and contracting laws, in  |           |
   |                     |order to provide employment and       |           |
   |                     |training opportunities to people in   |           |
   |                     |rural communities, the Secretaries may|           |
   |                     |award contracts, including contracts  |           |
   |                     |for monitoring activities, to local   |           |
   |                     |private, non-profit, or cooperative   |           |
   |                     |entities; Youth Conservation Corps    |           |
   |                     |crews or related partnerships, with   |           |
   |                     |State, local and nonprofit youth      |           |
   |                     |groups; small or micro-businesses; or |           |
   |                     |other entities that will hire or train|           |
   |                     |a significant percentage of local     |           |
   |                     |people to complete such contracts. . .|           |
   |                     |."                                    |           |
   |                     |                                      |           |
   |                     |Pub. .L. No. 108-108, 117 Stat.       |           |
   |                     |1283-85 (FY 04)                       |           |
   |---------------------+--------------------------------------+-----------|
   |                     |                                      |           |
   |---------------------+--------------------------------------+-----------|
   |Authorizes limited   |Appropriation Act Heading: TITLE IV - |None       |
   |competition for      |THE FLATHEAD AND KOOTENAI NATIONAL    |           |
   |contracts under the  |FOREST REHABILITATION ACT             |           |
   |Flathead and Kootenai|                                      |           |
   |National Forest      |Text: "Contracting and Cooperative    |           |
   |Rehabilitation Act of|Agreements. (a) In                    |           |
   |2003.                |General.--Notwithstanding chapter 63  |           |
   |                     |of title 31, United States Code, the  |           |
   |                     |Secretary may enter into contract or  |           |
   |                     |cooperative agreements to carry out a |           |
   |                     |project under this title [projects    |           |
   |                     |necessary to rehabilitate and restore,|           |
   |                     |and conduct salvage harvest on,       |           |
   |                     |National Forest System lands in the   |           |
   |                     |North Fork drainage on the Flathead   |           |
   |                     |National Forest].                     |           |
   |                     |                                      |           |
   |                     |(b) Exemption.--Notwithstanding any   |           |
   |                     |other provisions of law, the Secretary|           |
   |                     |may limit competition for a contract  |           |
   |                     |or a cooperative agreement under      |           |
   |                     |subsection (a)."                      |           |
   |                     |                                      |           |
   |                     |Pub. L. No. 108-108, sect. 404, 117   |           |
   |                     |Stat. 1320 (FY 04)                    |           |
   |---------------------+--------------------------------------+-----------|
   |                     |                                      |           |
   |---------------------+--------------------------------------+-----------|
   |Authorizes limited   |Appropriation Act Heading: TITLE III -|None       |
   |competition and      |GENERAL PROVISIONS                    |           |
   |stipulates employment|                                      |           |
   |preferences for      |Text: "Notwithstanding any other      |           |
   |certain fire and fuel|provision of law, for fiscal year     |           |
   |treatment and        |2001, the Secretary of Agriculture is |           |
   |watershed restoration|authorized to limit competition for   |           |
   |contracts.           |fire and fuel treatment and watershed |           |
   |                     |restoration contracts in the Giant    |           |
   |                     |Sequoia National Monument and the     |           |
   |                     |Sequoia National Forest. Preference   |           |
   |                     |for employment shall be given to      |           |
   |                     |dislocated and displaced workers in   |           |
   |                     |Tulare, Kern and Fresno Counties,     |           |
   |                     |California, for work associated with  |           |
   |                     |the establishment of the Giant Sequoia|           |
   |                     |National Monument."                   |           |
   |                     |                                      |           |
   |                     |Pub. L. No. 106-291, sect. 341, 114   |           |
   |                     |Stat. 998 (FY 01)                     |           |
   +------------------------------------------------------------------------+

  Table 4: Departments of Veterans Affairs and Housing and Urban Development,

                  And Independent Agencies Appropriations Act

                             Fiscal Years 2001-2005

   +------------------------------------------------------------------------+
   |                          Domestic Preferences                          |
   |------------------------------------------------------------------------|
   |   Summary/Effect    | Procurement Related Provision  |Similar/Identical|
   |                     |                                |  Provisions[7]  |
   |---------------------+--------------------------------+-----------------|
   |States Congress's    |Appropriations Act Heading:     |FY 04: sect. 410 |
   |sense that funds     |TITLE IV - GENERAL PROVISIONS   |                 |
   |should be used to buy|                                |FY 03: sect. 409 |
   |products made in     |                                |                 |
   |America. To the      |                                |FY 02: sect. 415 |
   |greatest extent      |Text: "(a) It is the sense of   |                 |
   |practicable, requires|the Congress that, to the       |FY 01: sect. 415 |
   |contracts to include |greatest extent practicable, all|                 |
   |notice of the "sense |equipment and products purchased|                 |
   |of Congress."        |with funds made available in    |                 |
   |                     |this Act should be              |                 |
   |                     |American-made.                  |                 |
   |                     |                                |                 |
   |                     |(b) In providing financial      |                 |
   |                     |assistance to, or entering into |                 |
   |                     |any contract with, any entity   |                 |
   |                     |using funds made available in   |                 |
   |                     |this Act, the head of each      |                 |
   |                     |Federal agency, to the greatest |                 |
   |                     |extent practicable, shall       |                 |
   |                     |provide to such entity a notice |                 |
   |                     |describing the statement made in|                 |
   |                     |subsection (a) by Congress."    |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-447, Div. I,    |                 |
   |                     |sect. 410, 118 Stat. 3338 (FY   |                 |
   |                     |05)                             |                 |
   |---------------------+--------------------------------+-----------------|
   |---------------------+--------------------------------+-----------------|
   |Establishes a 50%    |Appropriations Act Heading:     |None             |
   |cost evaluation      |TITLE III - INDEPENDENT         |                 |
   |preference for U.S.  |AGENCIES; National Science      |                 |
   |origin ice-breaking  |Foundation; research and related|                 |
   |research vessels.    |activities                      |                 |
   |                     |                                |                 |
   |                     |                                |                 |
   |                     |                                |                 |
   |                     |Text: "For necessary expenses in|                 |
   |                     |carrying out the National       |                 |
   |                     |Science Foundation Act of 1950 .|                 |
   |                     |. . Provided further, That no   |                 |
   |                     |funds in this or any other Act  |                 |
   |                     |shall be used to acquire or     |                 |
   |                     |lease a research vessel with    |                 |
   |                     |ice-breaking capability built or|                 |
   |                     |retrofitted by a shipyard       |                 |
   |                     |located in a foreign country if |                 |
   |                     |such a vessel of United States  |                 |
   |                     |origin can be obtained at a cost|                 |
   |                     |no more than 50 per centum above|                 |
   |                     |that of the least expensive     |                 |
   |                     |technically acceptable foreign  |                 |
   |                     |vessel bid. . . ."              |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 106-377, 114 Stat.  |                 |
   |                     |1441A-50 (FY 01)                |                 |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |                  Notification/Reporting Requirements                   |
   |------------------------------------------------------------------------|
   |   Summary/Effect   |  Procurement Related Provision  |Similar/Identical|
   |                    |                                 |   Provisions    |
   |--------------------+---------------------------------+-----------------|
   |Requires HUD to     |Appropriations Act Heading: TITLE|None             |
   |submit to certain   |II - DEPARTMENT OF HOUSING AND   |                 |
   |congressional       |URBAN DEVELOPMENT; Management and|                 |
   |committees an       |Administration; working capital  |                 |
   |information         |fund                             |                 |
   |technology plan     |                                 |                 |
   |before HUD can award|                                 |                 |
   |a new contract for  |                                 |                 |
   |HITS.               |Text: "For additional capital for|                 |
   |                    |the Working Capital Fund (42     |                 |
   |                    |U.S.C. 3535) for the development |                 |
   |                    |of, modifications to, and        |                 |
   |                    |infrastructure for               |                 |
   |                    |Department-wide information      |                 |
   |                    |technology systems, and for the  |                 |
   |                    |continuing operation of both     |                 |
   |                    |Department-wide and              |                 |
   |                    |program-specific information     |                 |
   |                    |systems . . . Provided further,  |                 |
   |                    |That none of the funds made      |                 |
   |                    |available to the Department in   |                 |
   |                    |this Act, or any other Act, may  |                 |
   |                    |be used to award a new contract  |                 |
   |                    |for the HUD Information          |                 |
   |                    |Technology Services (HITS)       |                 |
   |                    |project until 90 days after the  |                 |
   |                    |Department has submitted to the  |                 |
   |                    |Committees on Appropriations of  |                 |
   |                    |the House of Representatives and |                 |
   |                    |the Senate a comprehensive 5-year|                 |
   |                    |information technology plan in   |                 |
   |                    |accordance with the direction    |                 |
   |                    |included in the report           |                 |
   |                    |accompanying this Act."          |                 |
   |                    |                                 |                 |
   |                    |Pub. L. No. 108-7, Div. K, 117   |                 |
   |                    |Stat. 500 (FY 03)                |                 |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |                        Miscellaneous Provisions                        |
   |------------------------------------------------------------------------|
   |   Summary/Effect    |Procurement Related Provision| Similar/Identical  |
   |                     |                             |     Provisions     |
   |---------------------+-----------------------------+--------------------|
   |Requires renewal of  |Appropriations Act Heading:  |FY 04: 118 Stat. 377|
   |expiring contracts   |TITLE I - DEPARTMENT OF      |                    |
   |before awarding new  |VETERANS AFFAIRS; Community  |FY 03: 117 Stat. 489|
   |contracts for        |Planning and Development;    |                    |
   |permanent supportive |housing opportunities for    |FY 02: 115 Stat. 664|
   |housing funded under |persons with aids            |                    |
   |section 854(c)(3) of |                             |FY 01: 114 Stat.    |
   |the AIDS Housing     |                             |1441A-15            |
   |Opportunity Act.     |                             |                    |
   |                     |Text: "For carrying out the  |                    |
   |                     |Housing Opportunities for    |                    |
   |                     |Persons with AIDS program, as|                    |
   |                     |authorized by the AIDS       |                    |
   |                     |Housing Opportunity Act (42  |                    |
   |                     |U.S.C. 12901 et seq.),       |                    |
   |                     |$284,000,000, to remain      |                    |
   |                     |available until September 30,|                    |
   |                     |2006: Provided, That the     |                    |
   |                     |Secretary shall renew all    |                    |
   |                     |expiring contracts for       |                    |
   |                     |permanent supportive housing |                    |
   |                     |that were funded under       |                    |
   |                     |section 854(c)(3) of such Act|                    |
   |                     |that meet all program        |                    |
   |                     |requirements before awarding |                    |
   |                     |funds for new contracts and  |                    |
   |                     |activities authorized under  |                    |
   |                     |this section. . . ."         |                    |
   |                     |                             |                    |
   |                     |Pub. L. No. 108-447, Div. I, |                    |
   |                     |118 Stat. 3300 (FY 05)       |                    |
   |---------------------+-----------------------------+--------------------|
   |---------------------+-----------------------------+--------------------|
   |Requires renewal of  |Appropriations Act Heading:  |FY 04: 118 Stat. 383|
   |needed shelter plus  |TITLE II - DEPARTMENT OF     |                    |
   |care contracts.      |HOUSING AND URBAN            |FY 03: 117 Stat. 493|
   |                     |DEVELOPMENT; Community       |                    |
   |                     |Planning and Development;    |FY 02: 115 Stat. 667|
   |                     |homeless assistance grants   |                    |
   |                     |                             |FY 01: 114 Stat.    |
   |                     |                             |1441A-18            |
   |                     |                             |                    |
   |                     |Text: "For . . . the shelter |                    |
   |                     |plus care program as         |                    |
   |                     |authorized under subtitle F  |                    |
   |                     |of title IV of [the          |                    |
   |                     |McKinney-Vento Homeless      |                    |
   |                     |Assistance Act] . . .        |                    |
   |                     |Provided further, That the   |                    |
   |                     |Secretary shall renew on an  |                    |
   |                     |annual basis expiring        |                    |
   |                     |contracts or amendments to   |                    |
   |                     |contracts funded under the   |                    |
   |                     |shelter plus care program if |                    |
   |                     |the program is determined to |                    |
   |                     |be needed under the          |                    |
   |                     |applicable continuum of care |                    |
   |                     |and meets appropriate program|                    |
   |                     |requirements and financial   |                    |
   |                     |standards, as determined by  |                    |
   |                     |the Secretary. . . ."        |                    |
   |                     |                             |                    |
   |                     |Pub. L. No. 108-447, Div. I, |                    |
   |                     |118 Stat. 3306 (FY 05)       |                    |
   |---------------------+-----------------------------+--------------------|
   |---------------------+-----------------------------+--------------------|
   |Limits contracts for |Appropriations Act Heading:  |FY 04: sect. 407    |
   |consulting service to|TITLE IV - GENERAL PROVISIONS|                    |
   |those which are a    |                             |FY 03: sect. 407    |
   |matter of public     |                             |                    |
   |record and included  |                             |FY 02: sect. 410    |
   |in a publicly        |Text: "Except as otherwise   |                    |
   |available list.      |provided under existing law, |FY 01: sect. 410    |
   |                     |or under an existing         |                    |
   |                     |Executive order issued       |                    |
   |                     |pursuant to an existing law, |                    |
   |                     |the obligation or expenditure|                    |
   |                     |of any appropriation under   |                    |
   |                     |this Act for contracts for   |                    |
   |                     |any consulting service shall |                    |
   |                     |be limited to contracts which|                    |
   |                     |are: (1) a matter of public  |                    |
   |                     |record and available for     |                    |
   |                     |public inspection; and (2)   |                    |
   |                     |thereafter included in a     |                    |
   |                     |publicly available list of   |                    |
   |                     |all contracts entered into   |                    |
   |                     |within 24 months prior to the|                    |
   |                     |date on which the list is    |                    |
   |                     |made available to the public |                    |
   |                     |and of all contracts on which|                    |
   |                     |performance has not been     |                    |
   |                     |completed by such date. The  |                    |
   |                     |list required by the         |                    |
   |                     |preceding sentence shall be  |                    |
   |                     |updated quarterly and shall  |                    |
   |                     |include a narrative          |                    |
   |                     |description of the work to be|                    |
   |                     |performed under each such    |                    |
   |                     |contract."                   |                    |
   |                     |                             |                    |
   |                     |Pub. L. No. 108-447, Div. I, |                    |
   |                     |sect. 407, 118 Stat. 3338 (FY|                    |
   |                     |05)                          |                    |
   |---------------------+-----------------------------+--------------------|
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |Requires that service|Appropriations Act Heading: TITLE|FY 05: None     |
   |contracts comply with|IV - GENERAL PROVISIONS          |                |
   |the Office of Federal|                                 |FY 04: None     |
   |Procurement Policy   |                                 |                |
   |Act. Reports prepared|                                 |FY 02: sect. 411|
   |under, or derived    |Text: "Except as otherwise       |                |
   |from a contract must |provided by law, no part of any  |FY 01: sect. 411|
   |identify the contract|appropriation contained in this  |                |
   |and the contractor.  |Act shall be obligated or        |                |
   |                     |expended by any executive agency,|                |
   |                     |as referred to in the Office of  |                |
   |                     |Federal Procurement Policy Act   |                |
   |                     |(41 U.S.C. 401 et seq.), for a   |                |
   |                     |contract for services unless such|                |
   |                     |executive agency: (1) has awarded|                |
   |                     |and entered into such contract in|                |
   |                     |full compliance with such Act and|                |
   |                     |the regulations promulgated      |                |
   |                     |thereunder; and (2) requires any |                |
   |                     |report prepared pursuant to such |                |
   |                     |contract, including plans,       |                |
   |                     |evaluations, studies, analyses   |                |
   |                     |and manuals, and any report      |                |
   |                     |prepared by the agency which is  |                |
   |                     |substantially derived from or    |                |
   |                     |substantially includes any report|                |
   |                     |prepared pursuant to such        |                |
   |                     |contract, to contain information |                |
   |                     |concerning: (A) the contract     |                |
   |                     |pursuant to which the report was |                |
   |                     |prepared; and (B) the contractor |                |
   |                     |who prepared the report pursuant |                |
   |                     |to such contract."               |                |
   |                     |                                 |                |
   |                     |Pub. L. No. 108-7, Div. K, sect. |                |
   |                     |408, 117 Stat. 524 (FY 03)       |                |
   +------------------------------------------------------------------------+

            Table 5: Transportation, Treasury, Independent Agencies,

                   And General Government Appropriations Act

                             Fiscal Years 2001-2005

   +------------------------------------------------------------------------+
   |                          Domestic Preferences                          |
   |------------------------------------------------------------------------|
   |   Summary/Effect    |Procurement Related Provision | Similar/Identical |
   |                     |                              |   Provisions[8]   |
   |---------------------+------------------------------+-------------------|
   |Requires compliance  |Appropriations Act Heading:   |FY 04: sect. 523   |
   |with the Buy American|TITLE V - GENERAL PROVISIONS; |                   |
   |Act.                 |This Act                      |FY 03: sect. 324(a)|
   |                     |                              |(Trans.)           |
   |                     |                              |                   |
   |                     |                              |FY 03: sect. 505   |
   |                     |Text: "No funds appropriated  |(Treas.)           |
   |                     |pursuant to this Act may be   |                   |
   |                     |expended by an entity unless  |FY 02: sect. 326(a)|
   |                     |the entity agrees that in     |(Trans.)           |
   |                     |expending the assistance the  |                   |
   |                     |entity will comply with       |FY 02: sect. 506   |
   |                     |sections 2 through 4 of the   |(Treas.)           |
   |                     |Buy American Act (41 U.S.C.   |                   |
   |                     |10a-10c)."                    |FY 01: sect. 325(a)|
   |                     |                              |(Trans.)           |
   |                     |Pub. L. No. 108-447, Div. H,  |                   |
   |                     |sect. 508, 118 Stat. 3265 (FY |FY 01: sect. 506   |
   |                     |05)                           |(Treas.)           |
   |---------------------+------------------------------+-------------------|
   |---------------------+------------------------------+-------------------|
   |Prohibits funds from |Appropriations Act Heading:   |FY 04: sect. 530   |
   |being used by a      |TITLE V - GENERAL PROVISIONS; |                   |
   |person or entity     |This Act                      |FY 03: sect. 358   |
   |convicted of         |                              |(Trans.)           |
   |violating the Buy    |                              |                   |
   |American Act.        |                              |FY 03: sect. 512   |
   |                     |Text: "No funds appropriated  |(Treas.)           |
   |                     |or otherwise made available   |                   |
   |                     |under this Act shall be made  |FY 02: sect. 346   |
   |                     |available to any person or    |(Trans.)           |
   |                     |entity that has been convicted|                   |
   |                     |of violating the Buy American |FY 02: sect. 515   |
   |                     |Act (41 U.S.C. 10a--10c)."    |(Treas.)           |
   |                     |                              |                   |
   |                     |Pub. L. No. 108-447, Div. H,  |                   |
   |                     |sect. 509, 118 Stat. 3265 (FY |                   |
   |                     |05)                           |                   |
   |---------------------+------------------------------+-------------------|
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |States that the Buy  |Appropriations Act Heading:  |FY 04: sect. 535    |
   |American Act does not|TITLE V - GENERAL PROVISIONS;|                    |
   |apply to information |This Act                     |FY 03: None         |
   |technology that is a |                             |                    |
   |commercial item.     |                             |FY 02: None         |
   |                     |                             |                    |
   |                     |Text: "In order to promote   |FY 01: None         |
   |                     |Government access to         |                    |
   |                     |commercial information       |                    |
   |                     |technology, the restriction  |                    |
   |                     |on purchasing nondomestic    |                    |
   |                     |articles, materials, and     |                    |
   |                     |supplies set forth in the Buy|                    |
   |                     |American Act (41 U.S.C. 10a  |                    |
   |                     |et seq.), shall not apply to |                    |
   |                     |the acquisition by the       |                    |
   |                     |Federal Government of        |                    |
   |                     |information technology (as   |                    |
   |                     |defined in section 11101 of  |                    |
   |                     |title 40, United States Code,|                    |
   |                     |that is a commercial item (as|                    |
   |                     |defined in section 4(12) of  |                    |
   |                     |the Office of Federal        |                    |
   |                     |Procurement Policy Act (41   |                    |
   |                     |U.S.C. 403(12))."            |                    |
   |                     |                             |                    |
   |                     |Pub. L. No. 108-447, Div. H, |                    |
   |                     |sect. 517, 118 Stat. 3267 (FY|                    |
   |                     |05)                          |                    |
   |---------------------+-----------------------------+--------------------|
   |---------------------+-----------------------------+--------------------|
   |Requires steel, iron |Appropriations Act Heading:  |None[9]             |
   |and manufactured     |TITLE I - DEPARTMENT OF      |                    |
   |products for certain |TRANSPORTATION; COAST GUARD; |                    |
   |bridge alteration    |Alteration of Bridges        |                    |
   |projects to be       |                             |                    |
   |produced in the U.S.;|                             |                    |
   |provides for         |                             |                    |
   |exceptions.          |Text: "For necessary expenses|                    |
   |                     |for alteration or removal of |                    |
   |                     |obstructive bridges . . .    |                    |
   |                     |Provided, That funds for     |                    |
   |                     |bridge alteration projects   |                    |
   |                     |conducted pursuant to 33     |                    |
   |                     |U.S.C. 511 are available only|                    |
   |                     |to the extent that the steel,|                    |
   |                     |iron, and manufactured       |                    |
   |                     |products used in such        |                    |
   |                     |projects are produced in the |                    |
   |                     |Unites States, unless        |                    |
   |                     |contrary to law or           |                    |
   |                     |international agreement, or  |                    |
   |                     |unless the Commandant of the |                    |
   |                     |Coast Guard determines such  |                    |
   |                     |action to be inconsistent    |                    |
   |                     |with the public interest or  |                    |
   |                     |the cost unreasonable."      |                    |
   |                     |                             |                    |
   |                     |Pub. L. No. 108-7, Div. I,   |                    |
   |                     |117 Stat. 389 (FY 03)        |                    |
   |---------------------+-----------------------------+--------------------|
   |---------------------+-----------------------------+--------------------|
   |Requires ships       |Appropriations Act Heading:  |None                |
   |purchased by the     |TITLE III - GENERAL          |                    |
   |Coast Guard to be    |PROVISIONS                   |                    |
   |compliant with the   |                             |                    |
   |Buy American Act.    |                             |                    |
   |                     |                             |                    |
   |                     |Text: "None of the funds in  |                    |
   |                     |this Act shall be used to    |                    |
   |                     |procure Coast Guard ships,   |                    |
   |                     |including main diesel        |                    |
   |                     |engines, unless such         |                    |
   |                     |procurement is in compliance |                    |
   |                     |with the Buy American Act, 41|                    |
   |                     |U.S.C. 10(a)-10(d)."         |                    |
   |                     |                             |                    |
   |                     |Pub. L. No. 108-7, Div. I,   |                    |
   |                     |sect. 353, 117 Stat. 421 (FY |                    |
   |                     |03)                          |                    |
   |---------------------+-----------------------------+--------------------|
   |---------------------+-----------------------------+--------------------|
   |Provides for purchase|Appropriations Act Heading:  |FY 05: None[10]     |
   |of American-made     |TITLE I - DEPARTMENT OF THE  |                    |
   |motorcycles.         |TREASURY; United States      |FY 04: None         |
   |                     |Secret Service; salaries and |                    |
   |                     |expenses                     |FY 02: 115 Stat. 523|
   |                     |                             |(Treas.)            |
   |                     |                             |                    |
   |                     |                             |FY 01: 114 Stat.    |
   |                     |Text: "For necessary expenses|2763A-133 (Treas.)  |
   |                     |of the United States Secret  |                    |
   |                     |Service, including . . .     |                    |
   |                     |purchase of American-made    |                    |
   |                     |side-car compatible          |                    |
   |                     |motorcycles."                |                    |
   |                     |                             |                    |
   |                     |Pub. L. No. 108-7, Div. J,   |                    |
   |                     |117 Stat. 437 (FY 03)        |                    |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |                  Notification/Reporting Requirements                   |
   |------------------------------------------------------------------------|
   |   Summary/Effect    |Procurement Related Provision| Similar/Identical  |
   |                     |                             |     Provisions     |
   |---------------------+-----------------------------+--------------------|
   |Requires             |Appropriations Act Heading:  |FY 04: 118 Stat. 318|
   |congressional        |TITLE II - DEPARTMENT OF THE |                    |
   |approval of an IRS   |TREASURY; Internal Revenue   |FY 03: 117 Stat. 436|
   |plan for expenditure |Service; business systems    |(Treas.)            |
   |for IT systems       |modernization                |                    |
   |acquisitions that    |                             |FY 02: 115 Stat. 522|
   |complies with the    |                             |(Treas.)            |
   |acquisition rules of |                             |                    |
   |the federal          |Text: "For necessary expenses|FY 01: None         |
   |government.          |of the Internal Revenue      |                    |
   |                     |Service, $205,000,000, to    |                    |
   |                     |remain available until       |                    |
   |                     |September 30, 2007, for the  |                    |
   |                     |capital asset acquisition of |                    |
   |                     |information technology       |                    |
   |                     |systems, including management|                    |
   |                     |and related contractual costs|                    |
   |                     |of said acquisitions,        |                    |
   |                     |including contractual costs  |                    |
   |                     |associated with operations   |                    |
   |                     |authorized by 5 U.S.C. 3109: |                    |
   |                     |Provided, That none of these |                    |
   |                     |funds may be obligated until |                    |
   |                     |the Internal Revenue Service |                    |
   |                     |submits to the Committees on |                    |
   |                     |Appropriations, and such     |                    |
   |                     |Committees approve, a plan   |                    |
   |                     |for expenditure that . . .   |                    |
   |                     |(6) complies with the        |                    |
   |                     |acquisition rules,           |                    |
   |                     |requirements, guidelines, and|                    |
   |                     |systems acquisition          |                    |
   |                     |management practices of the  |                    |
   |                     |Federal Government."         |                    |
   |                     |                             |                    |
   |                     |Pub. L. No. 108-447, Div. H, |                    |
   |                     |118 Stat. 3240 (FY 05)       |                    |
   |---------------------+-----------------------------+--------------------|
   |---------------------+-----------------------------+--------------------|
   |Requires             |Appropriations Act Heading:  |FY 05: None[11]     |
   |congressional        |TITLE I - DEPARTMENT OF THE  |                    |
   |approval of a Customs|TREASURY; United States      |FY 04: None         |
   |Service plan for     |Customs Service; Automation  |                    |
   |expenditure for the  |Modernization                |FY 02: 115 Stat. 520|
   |Automated Commercial |                             |(Treas.)            |
   |Environment that     |                             |                    |
   |complies with the    |                             |FY 01: 114 Stat.    |
   |acquisition rules of |Text: "For expenses not      |2763A-131 (Treas.)  |
   |the federal          |otherwise provided for       |                    |
   |government.          |Customs automated systems,   |                    |
   |                     |$435,332,000, to remain      |                    |
   |                     |available until expended, of |                    |
   |                     |which not less than          |                    |
   |                     |$312,900,000 shall be for the|                    |
   |                     |development of the Automated |                    |
   |                     |Commercial Environment:      |                    |
   |                     |Provided, That none of the   |                    |
   |                     |funds appropriated under this|                    |
   |                     |heading may be obligated for |                    |
   |                     |the Automated Commercial     |                    |
   |                     |Environment until the United |                    |
   |                     |States Customs Service       |                    |
   |                     |prepares and submits to the  |                    |
   |                     |Committees on Appropriations |                    |
   |                     |a plan for expenditure that .|                    |
   |                     |. . (3) complies with the    |                    |
   |                     |acquisition rules,           |                    |
   |                     |requirements, guidelines, and|                    |
   |                     |systems acquisition          |                    |
   |                     |management practices of the  |                    |
   |                     |Federal Government. . . ."   |                    |
   |                     |                             |                    |
   |                     |Pub. L. No. 108-7, Div. J,   |                    |
   |                     |117 Stat. 434 (FY 03)        |                    |
   |---------------------+-----------------------------+--------------------|
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |Requires federal     |Appropriations Act Heading: TITLE|FY 04: sect. 645|
   |agencies to report to|V - GENERAL PROVISIONS;          |                |
   |Congress concerning  |Departments, Agencies, and       |FY 03: None     |
   |the acquisition of   |Corporations                     |                |
   |articles, materials, |                                 |FY 02: None     |
   |or supplies          |Text: "(a) Not later than 180    |                |
   |manufactured outside |days after the end of the fiscal |FY 01: None     |
   |the U.S.             |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))."                       |                |
   |                     |                                 |                |
   |                     |Pub. L. No. 108-447, Div. H,     |                |
   |                     |sect. 641, 118 Stat. 3282 (FY 05)|                |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |                    Competitive Sourcing Provisions                     |
   |------------------------------------------------------------------------|
   |   Summary/Effect    | Procurement Related Provision  |Similar/Identical|
   |                     |                                |   Provisions    |
   |---------------------+--------------------------------+-----------------|
   |Stipulates various   |Appropriations Act Heading:     |None             |
   |conditions before an |TITLE VI - GENERAL PROVISIONS;  |                 |
   |agency can contract  |Departments, Agencies, and      |                 |
   |out an activity or   |Corporations                    |                 |
   |function that is     |                                |                 |
   |being performed by   |                                |                 |
   |more than 10 federal |                                |                 |
   |employees; requires  |Text: "(a) Limitation on        |                 |
   |report on competitive|Conversion to Contractor        |                 |
   |sourcing activities; |Performance.--None of the funds |                 |
   |prohibits performance|appropriated by this Act shall  |                 |
   |by a contractor      |be available to convert to      |                 |
   |outside the U.S.     |contractor performance an       |                 |
   |unless the activity  |activity or function of an      |                 |
   |or function was      |executive agency, that on or    |                 |
   |previously performed |after the date of enactment of  |                 |
   |by Federal Government|this Act, is performed by more  |                 |
   |employees outside the|than 10 Federal employees       |                 |
   |U.S.                 |unless--                        |                 |
   |                     |                                |                 |
   |                     |(1) the conversion is based on  |                 |
   |                     |the result of a public-private  |                 |
   |                     |competition plan that includes a|                 |
   |                     |most efficient and cost         |                 |
   |                     |effective organization plan     |                 |
   |                     |developed by such activity or   |                 |
   |                     |function; and                   |                 |
   |                     |                                |                 |
   |                     |(2) the Competitive Sourcing    |                 |
   |                     |Official considers, as part of  |                 |
   |                     |the cost or price evaluation,   |                 |
   |                     |whether 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--      |                 |
   |                     |                                |                 |
   |                     |(A) 10 percent of the most      |                 |
   |                     |efficient organization's        |                 |
   |                     |personnel-related costs for     |                 |
   |                     |performance of that activity or |                 |
   |                     |function by Federal employees;  |                 |
   |                     |or                              |                 |
   |                     |                                |                 |
   |                     |(B) $10,000,000.                |                 |
   |                     |                                |                 |
   |                     |(b) Not later than 120 days     |                 |
   |                     |following the enactment of this |                 |
   |                     |Act and not later than December |                 |
   |                     |31 of each year thereafter, the |                 |
   |                     |head of each executive agency   |                 |
   |                     |shall submit to Congress a      |                 |
   |                     |report on the competitive       |                 |
   |                     |sourcing activities on the list |                 |
   |                     |required under the Federal      |                 |
   |                     |Activities Inventory Reform Act |                 |
   |                     |of 1998 (Public Law 105-270; 31 |                 |
   |                     |U.S.C. 501 note) that were      |                 |
   |                     |performed for such executive    |                 |
   |                     |agency during the previous      |                 |
   |                     |fiscal year by Federal          |                 |
   |                     |Government sources. The report  |                 |
   |                     |shall include--                 |                 |
   |                     |                                |                 |
   |                     |(1) the total number of         |                 |
   |                     |competitions completed;         |                 |
   |                     |                                |                 |
   |                     |(2) the total number of         |                 |
   |                     |competitions announced, together|                 |
   |                     |with a list of the activities   |                 |
   |                     |covered by such competitions;   |                 |
   |                     |                                |                 |
   |                     |(3) the total number (expressed |                 |
   |                     |as a full-time employee         |                 |
   |                     |equivalent number) of the       |                 |
   |                     |Federal employees studied under |                 |
   |                     |completed competitions;         |                 |
   |                     |                                |                 |
   |                     |(4) the total number (expressed |                 |
   |                     |as a full-time employee         |                 |
   |                     |equivalent number) of the       |                 |
   |                     |Federal employees that are being|                 |
   |                     |studied under competitions      |                 |
   |                     |announced but not completed;    |                 |
   |                     |                                |                 |
   |                     |(5) the incremental cost        |                 |
   |                     |directly attributable to        |                 |
   |                     |conducting the competitions     |                 |
   |                     |identified under paragraphs (1) |                 |
   |                     |and (2), including costs        |                 |
   |                     |attributable to paying outside  |                 |
   |                     |consultants and contractors;    |                 |
   |                     |                                |                 |
   |                     |(6) an estimate of the total    |                 |
   |                     |anticipated savings, or a       |                 |
   |                     |quantifiable description of     |                 |
   |                     |improvements in service or      |                 |
   |                     |performance, derived from       |                 |
   |                     |completed competitions;         |                 |
   |                     |                                |                 |
   |                     |(7) actual savings, or a        |                 |
   |                     |quantifiable description of     |                 |
   |                     |improvements in service or      |                 |
   |                     |performance, derived from the   |                 |
   |                     |implementation of competitions  |                 |
   |                     |completed after May 29, 2003;   |                 |
   |                     |                                |                 |
   |                     |(8) the total projected number  |                 |
   |                     |(expressed as a full-time       |                 |
   |                     |employee equivalent number) of  |                 |
   |                     |the Federal employees that are  |                 |
   |                     |to be covered by competitions   |                 |
   |                     |scheduled to be announced in the|                 |
   |                     |fiscal year covered by the next |                 |
   |                     |report required under this      |                 |
   |                     |section; and                    |                 |
   |                     |                                |                 |
   |                     |(9) a general description of how|                 |
   |                     |the competitive sourcing        |                 |
   |                     |decisionmaking processes of the |                 |
   |                     |executive agency are aligned    |                 |
   |                     |with the strategic workforce    |                 |
   |                     |plan of that executive agency.  |                 |
   |                     |                                |                 |
   |                     |(c) The head of an executive    |                 |
   |                     |agency may not be required,     |                 |
   |                     |under Office of Management and  |                 |
   |                     |Budget Circular A-76 or any     |                 |
   |                     |other policy, directive, or     |                 |
   |                     |regulation, to automatically    |                 |
   |                     |limit to 5 years or less the    |                 |
   |                     |performance period in a letter  |                 |
   |                     |of obligation, or other         |                 |
   |                     |agreement, issued to executive  |                 |
   |                     |agency employees, if such a     |                 |
   |                     |letter or other agreement was   |                 |
   |                     |issued as the result of a       |                 |
   |                     |public-private competition      |                 |
   |                     |conducted in accordance with the|                 |
   |                     |circular.                       |                 |
   |                     |                                |                 |
   |                     |(d) Hereafter, the head of an   |                 |
   |                     |executive agency may expend     |                 |
   |                     |funds appropriated or otherwise |                 |
   |                     |made available for any purpose  |                 |
   |                     |to the executive agency under   |                 |
   |                     |this or any other Act to monitor|                 |
   |                     |(in the administration of       |                 |
   |                     |responsibilities under Office of|                 |
   |                     |Management and Budget Circular  |                 |
   |                     |A-76 or any related policy,     |                 |
   |                     |directive, or regulation) the   |                 |
   |                     |performance of an activity or   |                 |
   |                     |function of the executive agency|                 |
   |                     |that has previously been        |                 |
   |                     |subjected to a public-private   |                 |
   |                     |competition under such circular.|                 |
   |                     |                                |                 |
   |                     |(e) An activity or function of  |                 |
   |                     |an executive agency that is     |                 |
   |                     |converted to contractor         |                 |
   |                     |performance under Office of     |                 |
   |                     |Management and Budget Circular  |                 |
   |                     |A-76 may not be performed by the|                 |
   |                     |contractor at a location outside|                 |
   |                     |the United States except to the |                 |
   |                     |extent that such activity or    |                 |
   |                     |function was previously         |                 |
   |                     |performed by Federal Government |                 |
   |                     |employees outside the United    |                 |
   |                     |States.                         |                 |
   |                     |                                |                 |
   |                     |(f) In this section, the term   |                 |
   |                     |"executive agency" has the      |                 |
   |                     |meaning given such term in      |                 |
   |                     |section 4 of the Office of      |                 |
   |                     |Federal Procurement Policy Act  |                 |
   |                     |(41 U.S.C. 403)."               |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-199, Div. F,    |                 |
   |                     |sect. 647, 118 Stat. 361 (FY 04)|                 |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |                        Miscellaneous Provisions                        |
   |------------------------------------------------------------------------|
   |   Summary/Effect    |Procurement Related Provision| Similar/Identical  |
   |                     |                             |     Provisions     |
   |---------------------+-----------------------------+--------------------|
   |Permits the Financial|Appropriations Act Heading:  |FY 04: 118 Stat. 316|
   |Crimes Enforcement   |TITLE II - DEPARTMENT OF THE |                    |
   |Network to procure   |TREASURY; Financial Crimes   |FY 03: 117 Stat. 430|
   |personal services.   |Enforcement Network; salaries|(Treas.)            |
   |                     |and expenses                 |                    |
   |                     |                             |FY 02: 115 Stat. 516|
   |                     |                             |(Treas.)            |
   |                     |                             |                    |
   |                     |Text: "For necessary expenses|FY 01: 114 Stat.    |
   |                     |of the Financial Crimes      |2763A-127 (Treas.)  |
   |                     |Enforcement Network . . .    |                    |
   |                     |Provided, That funds         |                    |
   |                     |appropriated in this account |                    |
   |                     |may be used to procure       |                    |
   |                     |personal services contracts. |                    |
   |                     |. . ."                       |                    |
   |                     |                             |                    |
   |                     |Pub. L. No. 108-447, Div. H, |                    |
   |                     |118 Stat. 3238 (FY 05)       |                    |
   |---------------------+-----------------------------+--------------------|
   |---------------------+-----------------------------+--------------------|
   |Limits contracts for |Appropriations Act Heading:  |FY 04: sect. 507    |
   |consulting service to|TITLE V - GENERAL PROVISIONS;|                    |
   |those which are a    |This Act                     |FY 03: sect. 307    |
   |matter of pubic      |                             |(Trans.)            |
   |record and included  |                             |                    |
   |in a publicly        |                             |FY 03: sect. 502    |
   |available list, with |Text: "The expenditure of any|(Treas.)            |
   |exception.           |appropriation under this Act |                    |
   |                     |for any consulting service   |FY 02: sect. 307    |
   |                     |through procurement contract |(Trans.)            |
   |                     |pursuant to section 3109 of  |                    |
   |                     |title 5, United States Code, |FY 02: sect. 502    |
   |                     |shall be limited to those    |(Treas.)            |
   |                     |contracts where such         |                    |
   |                     |expenditures are a matter of |FY 01: sect. 308    |
   |                     |public record and available  |(Trans.)            |
   |                     |for public inspection, except|                    |
   |                     |where otherwise provided     |FY 01: sect. 502    |
   |                     |under existing law, or under |(Treas.)            |
   |                     |existing Executive order     |                    |
   |                     |issued pursuant to existing  |                    |
   |                     |law."                        |                    |
   |                     |                             |                    |
   |                     |Pub. L. No. 108-447, Div. H, |                    |
   |                     |sect. 504, 118 Stat. 3265 (FY|                    |
   |                     |05)                          |                    |
   |---------------------+-----------------------------+--------------------|
   |---------------------+-----------------------------+--------------------|
   |Cost accounting      |Appropriations Act Heading:  |FY 04: sect. 528    |
   |standards do not     |TITLE V - GENERAL PROVISIONS;|                    |
   |apply to contracts   |This Act                     |FY 03: sect. 510    |
   |under the FEHBP.     |                             |(Treas.)            |
   |                     |                             |                    |
   |                     |                             |FY 02: sect. 513    |
   |                     |Text: "The cost accounting   |(Treas.)            |
   |                     |standards promulgated under  |                    |
   |                     |section 26 of the Office of  |FY 01: sect. 513    |
   |                     |Federal Procurement Policy   |(Treas.)            |
   |                     |Act (Public Law 93-400; 41   |                    |
   |                     |U.S.C. 422) shall not apply  |                    |
   |                     |with respect to a contract   |                    |
   |                     |under the Federal Employees  |                    |
   |                     |Health Benefits Program      |                    |
   |                     |established under chapter 89 |                    |
   |                     |of title 5, United States    |                    |
   |                     |Code."                       |                    |
   |                     |                             |                    |
   |                     |Pub. L. No. 108-447, Div. H, |                    |
   |                     |sect. 513, 118 Stat. 3267 (FY|                    |
   |                     |05)                          |                    |
   |---------------------+-----------------------------+--------------------|
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |Requires contracts   |Appropriations Act Heading: TITLE|FY 04: sect. 634|
   |that have a provision|VI - GENERAL PROVISIONS;         |                |
   |for prescription drug|Departments, Agencies, and       |FY 03: sect. 635|
   |coverage to include a|Corporations                     |(Treas.)        |
   |provision for        |                                 |                |
   |contraceptive        |                                 |FY 02: sect. 643|
   |coverage too;        |                                 |(Treas.)        |
   |inapplicable to      |Text: "(a) None of the funds     |                |
   |certain religious    |appropriated by this Act may be  |FY 01: sect. 630|
   |plans.               |used to enter into or renew a    |(Treas.)        |
   |                     |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.; 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.                        |                |
   |                     |                                 |                |
   |                     |Pub. L. No. 108-447, Div. H,     |                |
   |                     |sect. 634, 118 Stat. 3280 (FY 05)|                |
   |---------------------+---------------------------------+----------------|
   |---------------------+---------------------------------+----------------|
   |Requires agency to   |Appropriations Act Heading: TITLE|FY 04: sect. 637|
   |determine that       |V - GENERAL PROVISIONS;          |                |
   |purchases of products|Departments, Agencies, and       |FY 03: None     |
   |or services offered  |Corporations                     |                |
   |by Federal Prison    |                                 |FY 02: None     |
   |Industries, Inc. is  |Text: "None of the funds made    |                |
   |the best value to the|available under this or any other|FY 01: None     |
   |agency.              |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."   |                |
   |                     |                                 |                |
   |                     |Pub. L. No. 108-447, Div. H,     |                |
   |                     |sect. 637, 118 Stat. 3281 (FY 05)|                |
   |---------------------+---------------------------------+----------------|
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |Prohibits contracting|Appropriations Act Heading:   |FY 05: None        |
   |with individuals who |TITLE V - GENERAL PROVISIONS; |                   |
   |falsely labeled      |This Act                      |FY 03: sect. 324(c)|
   |products as "Made in |                              |(Trans.)           |
   |America."            |                              |                   |
   |                     |                              |FY 03: sect. 507   |
   |                     |Text: "Hereafter, if it has   |(Treas.)           |
   |                     |been finally determined by a  |                   |
   |                     |court or Federal agency that  |FY 02: sect. 326(c)|
   |                     |any person intentionally      |(Trans.)           |
   |                     |affixed a label bearing a     |                   |
   |                     |"Made in America" inscription,|FY 02: sect. 508)  |
   |                     |or any inscription with the   |(Treas.)           |
   |                     |same meaning, to any product  |                   |
   |                     |sold in or shipped to the     |FY 01: sect. 325(c)|
   |                     |United States that is not made|(Trans.)           |
   |                     |in the United States, such    |                   |
   |                     |person shall be ineligible to |FY 01: sect. 508)  |
   |                     |receive any contract or       |(Treas.)           |
   |                     |subcontract made with funds   |                   |
   |                     |provided pursuant to this Act,|                   |
   |                     |pursuant to the debarment,    |                   |
   |                     |suspension, and ineligibility |                   |
   |                     |procedures described in       |                   |
   |                     |sections 9.400 through 9.409  |                   |
   |                     |of title 48, Code of Federal  |                   |
   |                     |Regulations."                 |                   |
   |                     |                              |                   |
   |                     |Pub. L. No. 108-199, Div. F,  |                   |
   |                     |sect. 525, 118 Stat. 344 (FY  |                   |
   |                     |04)                           |                   |
   +------------------------------------------------------------------------+

          Table 6: Department of Homeland Security Appropriations Act

                             Fiscal Years 2004-2005

   +------------------------------------------------------------------------+
   |                          Domestic Preferences                          |
   |------------------------------------------------------------------------|
   |   Summary/Effect    |    Procurement Related     |  Similar/Identical  |
   |                     |         Provision          |   Provisions[12]    |
   |---------------------+----------------------------+---------------------|
   |Provides for purchase|Appropriations Act Heading: |FY 04: 117 Stat. 1145|
   |of American-made     |TITLE II - SECURITY,        |                     |
   |motorcycles.         |ENFORCEMENT, AND            |                     |
   |                     |INVESTIGATIONS; United      |                     |
   |                     |States Secret Service;      |                     |
   |                     |salaries and expenses       |                     |
   |                     |                            |                     |
   |                     |Text: "For necessary        |                     |
   |                     |expenses of the United      |                     |
   |                     |States Secret Service,      |                     |
   |                     |including . . . purchase of |                     |
   |                     |American-made motorcycles. .|                     |
   |                     |. ."                        |                     |
   |                     |                            |                     |
   |                     |Pub. L. No. 108-334, 118    |                     |
   |                     |Stat. 1308 (FY 05)          |                     |
   |---------------------+----------------------------+---------------------|
   |---------------------+----------------------------+---------------------|
   |Requires Buy American|Appropriations Act Heading: |FY 04: sect. 518     |
   |Act compliance.      |TITLE V - GENERAL PROVISIONS|                     |
   |                     |                            |                     |
   |                     |                            |                     |
   |                     |                            |                     |
   |                     |Text: "None of the funds in |                     |
   |                     |this Act may be used in     |                     |
   |                     |contravention of the        |                     |
   |                     |applicable provisions of the|                     |
   |                     |Buy American Act (41 U.S.C. |                     |
   |                     |10a et seq.)."              |                     |
   |                     |                            |                     |
   |                     |Pub. L. No. 108-334, sect.  |                     |
   |                     |512, 118 Stat. 1317 (FY 05) |                     |
   |---------------------+----------------------------+---------------------|
   |---------------------+----------------------------+---------------------|
   |Requires steel, iron |Appropriations Act Heading: |FY 05: None          |
   |and manufactured     |TITLE II - SECURITY,        |                     |
   |products for certain |ENFORCEMENT, AND            |                     |
   |bridge alteration    |INVESTIGATIONS; United      |                     |
   |projects to be       |States Coast Guard;         |                     |
   |produced in the U.S.;|alteration of bridges       |                     |
   |provides for         |                            |                     |
   |exceptions.          |Text: "For necessary        |                     |
   |                     |expenses for alteration or  |                     |
   |                     |removal of obstructive      |                     |
   |                     |bridges . . . Provided, That|                     |
   |                     |in fiscal year 2004 and     |                     |
   |                     |thereafter, funds for bridge|                     |
   |                     |alteration projects         |                     |
   |                     |conducted pursuant to the   |                     |
   |                     |Act of June 21, 1940 (33    |                     |
   |                     |U.S.C. 511 et seq.) shall be|                     |
   |                     |available for such projects |                     |
   |                     |only to the extent that the |                     |
   |                     |steel, iron, and            |                     |
   |                     |manufactured products used  |                     |
   |                     |in such projects are        |                     |
   |                     |produced in the United      |                     |
   |                     |States, unless contrary to  |                     |
   |                     |law or international        |                     |
   |                     |agreement, or unless the    |                     |
   |                     |Commandant of the Coast     |                     |
   |                     |Guard determines such action|                     |
   |                     |to be inconsistent with the |                     |
   |                     |public interest or the cost |                     |
   |                     |unreasonable."              |                     |
   |                     |                            |                     |
   |                     |Pub. L. No. 108-90, 117     |                     |
   |                     |Stat. 1144 (FY 04)          |                     |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |                  Notification/Reporting Requirements                   |
   |------------------------------------------------------------------------|
   |   Summary/Effect    |    Procurement Related     |  Similar/Identical  |
   |                     |         Provision          |     Provisions      |
   |---------------------+----------------------------+---------------------|
   |Requires             |Appropriations Act Heading: |FY 04: 117 Stat. 1138|
   |congressional        |TITLE II - SECURITY,        |                     |
   |approval of a plan   |ENFORCEMENT, AND            |                     |
   |for expenditure for  |INVESTIGATIONS; Border and  |                     |
   |immigration tracking |Transportation Security;    |                     |
   |system that complies |Office of the Under         |                     |
   |with the acquisition |Secretary for Border and    |                     |
   |rules of the federal |Transportation Security;    |                     |
   |government.          |united states visitor and   |                     |
   |                     |immigrant status indicator  |                     |
   |                     |technology                  |                     |
   |                     |                            |                     |
   |                     |Text: "For necessary        |                     |
   |                     |expenses for the development|                     |
   |                     |of the United States Visitor|                     |
   |                     |and Immigrant Status        |                     |
   |                     |Indicator Technology project|                     |
   |                     |. . . Provided, That of the |                     |
   |                     |funds appropriated under    |                     |
   |                     |this heading, $254,000,000  |                     |
   |                     |may not be obligated . . .  |                     |
   |                     |until the Committees on     |                     |
   |                     |Appropriations of the Senate|                     |
   |                     |and the House of            |                     |
   |                     |Representatives receive and |                     |
   |                     |approve a plan for          |                     |
   |                     |expenditure prepared by the |                     |
   |                     |Secretary of Homeland       |                     |
   |                     |Security that . . . (3)     |                     |
   |                     |complies with the           |                     |
   |                     |acquisition rules,          |                     |
   |                     |requirements, guidelines,   |                     |
   |                     |and systems acquisition     |                     |
   |                     |management practices of the |                     |
   |                     |Federal Government. . . ."  |                     |
   |                     |                            |                     |
   |                     |Pub. L. No. 108-334, 118    |                     |
   |                     |Stat. 1299 (FY 05)          |                     |
   |---------------------+----------------------------+---------------------|
   |---------------------+----------------------------+---------------------|
   |Requires             |Appropriations Act Heading: |FY 04: 117 Stat. 1139|
   |congressional        |TITLE II - SECURITY,        |                     |
   |approval of a Customs|ENFORCEMENT, AND            |                     |
   |and Border Protection|INVESTIGATIONS; Border and  |                     |
   |plan for expenditure |Transportation Security;    |                     |
   |for the Automated    |Customs and Border          |                     |
   |Commercial           |Protection; automation      |                     |
   |Environment that     |modernization               |                     |
   |complies with the    |                            |                     |
   |acquisition rules of |Text: "For expenses for     |                     |
   |the federal          |customs and border          |                     |
   |government.          |protection automated systems|                     |
   |                     |. . . Provided, That none of|                     |
   |                     |the funds appropriated under|                     |
   |                     |this heading may be         |                     |
   |                     |obligated for the Automated |                     |
   |                     |Commercial Environment until|                     |
   |                     |the Committees on           |                     |
   |                     |Appropriations of the Senate|                     |
   |                     |and the House of            |                     |
   |                     |Representatives receive and |                     |
   |                     |approve a plan for          |                     |
   |                     |expenditure prepared by the |                     |
   |                     |Under Secretary for Border  |                     |
   |                     |and Transportation Security |                     |
   |                     |that . . . (3) complies with|                     |
   |                     |the acquisition rules,      |                     |
   |                     |requirements, guidelines,   |                     |
   |                     |and systems acquisition     |                     |
   |                     |management practices of the |                     |
   |                     |Federal Government. . . ."  |                     |
   |                     |                            |                     |
   |                     |Pub. L. No. 108-334, 118    |                     |
   |                     |Stat. 1301 (FY 05)          |                     |
   |---------------------+----------------------------+---------------------|
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |Requires             |Appropriations Act Heading: TITLE|FY 04: 117 Stat.|
   |congressional        |II - SECURITY, ENFORCEMENT, AND  |1140            |
   |approval of an       |INVESTIGATIONS; Border and       |                |
   |Immigration and      |Transportation Security;         |                |
   |Customs Enforcement  |Immigration and Customs          |                |
   |plan for expenditure |Enforcement; automation          |                |
   |for automation       |modernization                    |                |
   |modernization that   |                                 |                |
   |complies with the    |Text: "For expenses of           |                |
   |acquisition rules of |immigration and customs          |                |
   |the federal          |enforcement automated systems . .|                |
   |government.          |. Provided, That none of the     |                |
   |                     |funds appropriated under this    |                |
   |                     |heading may be obligated until   |                |
   |                     |the Committees on Appropriations |                |
   |                     |of the Senate and the House of   |                |
   |                     |Representatives receive and      |                |
   |                     |approve a plan for expenditure   |                |
   |                     |prepared by the Under Secretary  |                |
   |                     |for Border and Transportation    |                |
   |                     |Security that . . . (3) complies |                |
   |                     |with the acquisition rules,      |                |
   |                     |requirements, guidelines, and    |                |
   |                     |systems acquisition management   |                |
   |                     |practices of the Federal         |                |
   |                     |Government. . . ."               |                |
   |                     |                                 |                |
   |                     |Pub. L. No. 108-334, 118 Stat.   |                |
   |                     |1302 (FY 05)                     |                |
   |---------------------+---------------------------------+----------------|
   |                     |                                 |                |
   |---------------------+---------------------------------+----------------|
   |Requires quarterly   |Appropriations Act Heading: TITLE|FY 04: None     |
   |reporting to Congress|IV - RESEARCH AND DEVELOPMENT,   |                |
   |on the use of certain|TRAINING, ASSESSMENTS, AND       |                |
   |sole source          |SERVICES; Information Analysis   |                |
   |contracts.           |and Infrastructure Protection;   |                |
   |                     |assessments and evaluations      |                |
   |                     |                                 |                |
   |                     |Text: "For necessary expenses for|                |
   |                     |information analysis and         |                |
   |                     |infrastructure protection . . .  |                |
   |                     |Provided, That the Under         |                |
   |                     |Secretary for Information        |                |
   |                     |Analysis and Infrastructure      |                |
   |                     |Protection shall submit a report |                |
   |                     |at the end of each quarter of the|                |
   |                     |fiscal year to the Committees on |                |
   |                     |Appropriations of the Senate and |                |
   |                     |the House of Representatives on  |                |
   |                     |each sole-source contractual     |                |
   |                     |agreement entered into through   |                |
   |                     |the commitment of amounts        |                |
   |                     |available from funds appropriated|                |
   |                     |under this heading by this or    |                |
   |                     |previous appropriations Acts,    |                |
   |                     |including the amount, recipient  |                |
   |                     |and purpose of the agreement."   |                |
   |                     |                                 |                |
   |                     |Pub. L. No. 108-334, 118 Stat.   |                |
   |                     |1314 (FY 05)                     |                |
   |---------------------+---------------------------------+----------------|
   |                     |                                 |                |
   |---------------------+---------------------------------+----------------|
   |Requires notification|Appropriations Act Heading: TITLE|FY 04: None     |
   |to Congress before   |V - GENERAL PROVISIONS           |                |
   |DHS awards a         |                                 |                |
   |discretionary grant  |                                 |                |
   |or contract in excess|                                 |                |
   |of $1,000,000 in     |Text: "None of the funds in this |                |
   |available funds.     |Act may be used to make a grant  |                |
   |                     |allocation, discretionary grant  |                |
   |                     |award, discretionary contract    |                |
   |                     |award, or to issue a letter of   |                |
   |                     |intent totaling in excess of     |                |
   |                     |$1,000,000 unless the Secretary  |                |
   |                     |of Homeland Security notifies the|                |
   |                     |Committees on Appropriations of  |                |
   |                     |the Senate and House of          |                |
   |                     |Representatives at least 3 full  |                |
   |                     |business days in advance:        |                |
   |                     |Provided, That no notification   |                |
   |                     |shall involve funds that are not |                |
   |                     |available for obligation."       |                |
   |                     |                                 |                |
   |                     |Pub. L. No. 108-334, sect. 507,  |                |
   |                     |118 Stat. 1316 (FY 05)           |                |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |                          Competitive Sourcing                          |
   |------------------------------------------------------------------------|
   |   Summary/Effect    | Procurement Related Provision  |Similar/Identical|
   |                     |                                |   Provisions    |
   |---------------------+--------------------------------+-----------------|
   |Prohibits application|Appropriations Act Heading:     |FY 04: None      |
   |of OMB Circular A-76 |TITLE V - GENERAL PROVISIONS    |                 |
   |to services provided |                                |                 |
   |by certain employees |Text: "None of the funds        |                 |
   |of Citizenship and   |appropriated by this Act may be |                 |
   |Immigration Services.|used to process or approve a    |                 |
   |                     |competition under Office of     |                 |
   |                     |Management and Budget Circular  |                 |
   |                     |A-76 for services provided as of|                 |
   |                     |June 1, 2004, by employees      |                 |
   |                     |(including employees serving on |                 |
   |                     |a temporary or term basis) of   |                 |
   |                     |Citizenship and Immigration     |                 |
   |                     |Services of the Department of   |                 |
   |                     |Homeland Security who are known |                 |
   |                     |as of that date as Immigration  |                 |
   |                     |Information Officers, Contact   |                 |
   |                     |Representatives, or             |                 |
   |                     |Investigative Assistants."      |                 |
   |                     |                                |                 |
   |                     |Pub. L. No. 108-334, sect. 527, |                 |
   |                     |118 Stat. 1320 (FY 05)          |                 |
   +------------------------------------------------------------------------+

   +------------------------------------------------------------------------+
   |                        Miscellaneous Provisions                        |
   |------------------------------------------------------------------------|
   |   Summary/Effect   |  Procurement Related Provision  |Similar/Identical|
   |                    |                                 |   Provisions    |
   |--------------------+---------------------------------+-----------------|
   |Extends application |Appropriations Act Heading: TITLE|FY 04: None      |
   |of TSA's acquisition|V - GENERAL PROVISIONS           |                 |
   |management system to|                                 |                 |
   |the procurement of  |Text: "The acquisition management|                 |
   |services.           |system of the Transportation     |                 |
   |                    |Security Administration shall    |                 |
   |                    |apply to the acquisition of      |                 |
   |                    |services, as well as equipment,  |                 |
   |                    |supplies, and materials."        |                 |
   |                    |                                 |                 |
   |                    |Pub. L. No. 108-334, sect. 517,  |                 |
   |                    |118 Stat. 1318 (FY 05)           |                 |
   +------------------------------------------------------------------------+

   ------------------------

   [1] Similar or identical provisions in other Department of Defense
   appropriations acts are listed under this heading. If the provision has a
   section number, the number is listed. For those provisions that do not
   have section numbers, the statute-at-large citation is provided. The five
   acts reviewed are the Department of Defense Appropriations Act, 2005, Pub.
   L. No. 108-287, 118 Stat. 951 (2004); Department of Defense Appropriations
   Act, 2004, Pub. L. No. 108-87, 117 Stat. 1054 (2003); Department of
   Defense Appropriations Act, 2003, Pub. L. No. 107-248, 116 Stat. 1519
   (2002); Department of Defense Appropriations Act, 2002, Pub. L. No.
   107-117, Div. A, 115 Stat. 2230 (2002); and the Department of Defense
   Appropriations Act, 2001, Pub. L. No. 106-259, 114 Stat. 656 (2000).

   [2] Note that part (b) is a reporting requirement. It is cited in the
   Notification/Reporting Requirements section below as well.

   [3] Note that a notification requirement appears in this provision. It is
   cited in the Notification/Reporting Requirements section above as well.

   [4] Similar or identical provisions in other Foreign Operations, Export
   Financing, and Related Programs appropriations acts are listed under this
   heading. If the provision has a section number, the number is listed. For
   those provisions that do not have section numbers, the statute-at-large
   citation is provided. The five acts reviewed are the Foreign Operations,
   Export Financing, and Related Programs Appropriations Act, 2005, Pub. L.
   No. 108-447, Div. D, 118 Stat. 2968 (2004); Foreign Operations, Export
   Financing, and Related Programs Appropriations Act, 2004, Pub. L. No.
   108-199, Div. D, 118 Stat. 143 (2004); Foreign Operations, Export
   Financing, and Related Programs Appropriations Act, 2003, Pub. L. No.
   108-7, Div. E, 117 Stat. 159 (2003); Foreign Operations, Export Financing,
   and Related Programs Appropriations Act, 2002, Pub. L. No. 107-115, 115
   Stat. 2118 (2002); and the Foreign Operations, Export Financing, and
   Related Programs Appropriations Act, 2001, Pub. L. No. 106-429, 114 Stat.
   1900 (2000).

   [5] This section also required notice to contractors of a sense of
   Congress that items purchased should be American-made to the greatest
   extent practicable.

   [6] Similar or identical provisions in other Department of Interior
   appropriations acts are listed under this heading. If the provision has a
   section number, the number is listed. For those provisions that do not
   have section numbers, the statute-at-large citation is provided. The five
   acts reviewed are the Department of the Interior and Related Agencies
   Appropriations Act, 2005, Pub. L. No. 108-447, Div. E, 118 Stat. 3039
   (2004); Department of the Interior and Related Agencies Appropriations
   Act, 2004, Pub. L. No. 108-108, 117 Stat. 1241 (2003); Department of the
   Interior and Related Agencies Appropriations Act, 2003, Pub. L. No. 108-7,
   Div. F, 117 Stat. 216 (2003); Department of the Interior and Related
   Agencies Appropriations Act, 2002, Pub. L. No. 107-63, 115 Stat. 414
   (2001); and the Department of the Interior and Related Agencies
   Appropriations Act, 2001, Pub. L. No. 106-291, 114 Stat. 922 (2000).

   [7] Similar or identical provisions in other Departments of Veterans
   Affairs and Housing and Urban Development appropriations acts are listed
   under this heading. If the provision has a section number, the number is
   listed. For those provisions that do not have section numbers, the
   statute-at-large citation is provided. The five acts reviewed are the
   Departments of Veterans Affairs and Housing and Urban Development, and
   Independent Agencies Appropriations Act, 2005, Pub. L. No. 108-447, Div.
   I, 118 Stat. 3285 (2004); Departments of Veterans Affairs and Housing and
   Urban Development, and Independent Agencies Appropriations Act, 2004, Pub.
   L. No. 108-199, Div. G, 118 Stat. 363 (2004); Departments of Veterans
   Affairs and Housing and Urban Development, and Independent Agencies
   Appropriations Act, 2003, Pub. L. No. 108-7, Div. K, 117 Stat. 474 (2003);
   Departments of Veterans Affairs and Housing and Urban Development, and
   Independent Agencies Appropriations Act, 2002, Pub. L. No. 107-73, 115
   Stat. 651 (2001); and the Departments of Veterans Affairs and Housing and
   Urban Development, and Independent Agencies Appropriations Act, 2001, Pub.
   L. No. 106-377, 114 Stat. 1441 (2000).

   [8] Similar or identical provisions in other Departments of Transportation
   and Treasury appropriations acts are listed under this heading. If the
   provision has a section number, the number is listed. For those provisions
   that do not have section numbers, the statute-at-large citation is
   provided. In fiscal years 2004 and 2005, the Departments of Transportation
   and Treasury were covered by the same appropriations acts. We reviewed
   both of these acts, the Transportation, Treasury, Independent Agencies,
   and General Government Appropriations Act, 2005, Pub. L. No. 108-447, Div.
   H, 118 Stat. 3199 (2004) and the Transportation, Treasury, and Independent
   Agencies Appropriations Act, 2004, Pub. L. No. 108-199, Div. F, 118 Stat.
   279 (2004). From fiscal years 2001-2003, the Departments fell under
   separate appropriations acts. The three appropriations acts covering the
   Department of Transportation during this time that we reviewed are the
   Transportation and Related Agencies Appropriations Act, 2003, Pub. L. No.
   108-7, Div. I, 117 Stat. 384 (2003); Department of Transportation and
   Related Agencies Appropriations Act, 2002, Pub. L. No. 107-87, 115 Stat.
   833 (2001); and the Department of Transportation and Related Agencies
   Appropriations, 2001, Pub. L. No. 106-346, 114 Stat. 1356 (2000). The
   three Department of Treasury appropriations acts reviewed are the Treasury
   and General Government Appropriations Act, 2003, Pub. L. No. 108-7, Div.
   J, 117 Stat. 428 (2003); Treasury and General Government Appropriations
   Act, 2002, Pub. L. No. 107-67, 115 Stat. 514 (2001); and the Treasury and
   General Government Appropriations Act, 2001, Pub. L. No. 106-554, App. C,
   114 Stat. 2763A-125 (2000).

   [9] In fiscal years 2001-2003 the Coast Guard was covered under the
   Department of Transportation. In fiscal years 2004-2005 the Coast Guard
   was covered under the Department of Homeland Security. A similar provision
   appears in the 2004 DHS appropriations act.

   [10] In fiscal years 2001-2003 the Secret Service was covered under the
   Department of the Treasury. In fiscal years 2004-2005 the Secret Service
   was covered under the Department of Homeland Security. A similar provision
   appears in the 2004 and 2005 DHS appropriations acts.

   [11] In fiscal years 2001-2003 the Customs Service was covered under the
   Department of the Treasury. In fiscal years 2004-2005 what was the Customs
   Service was restructured into Customs and Border Protection and
   Immigration and Customs Enforcement, both covered under the Department of
   Homeland Security. Similar provisions appear in the 2004 and 2005 DHS
   appropriations acts.

   [12] Similar or identical provisions in other Department of Homeland
   Security appropriations acts are listed under this heading. If the
   provision has a section number, the number is listed. For those provisions
   that do not have section numbers, the statute-at-large citation is
   provided. The two acts reviewed are the Department of Homeland Security
   Appropriations Act, 2005, Pub. L. No. 108-334, 118 Stat. 1298 (2004) and
   the Department of Homeland Security Appropriations Act, 2004, Pub. L. No.
   108-90, 117 Stat. 1137 (2003).