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GENERAL PROVISIONS GOVERNMENT-WIDE
TITLE VIII—GENERAL PROVISIONS
GOVERNMENT-WIDE

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DEPARTMENTS, AGENCIES,

AND

CORPORATIONS

SEC. 801. Funds appropriated in this or any other Act may be
used to pay travel to the United States for the immediate family
of employees serving abroad in cases of death or life threatening
illness of said employee.
SEC. 802. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year ø2006¿ 2007 shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place,
and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal
use, possession, or distribution of controlled substances (as defined
in the Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
SEC. 803. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase
of any passenger motor vehicle (exclusive of buses, ambulances, law
enforcement, and undercover surveillance vehicles), is hereby fixed
at $8,100 except station wagons for which the maximum shall be
$9,100: Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000 for special
heavy-duty vehicles: Provided further, That the limits set forth in
this section may not be exceeded by more than 5 percent for electric
or hybrid vehicles purchased for demonstration under the provisions
of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976: Provided further, That the limits set forth
in this section may be exceeded by the incremental cost of clean
alternative fuels vehicles acquired pursuant to Public Law 101–549
over the cost of comparable conventionally fueled vehicles.
SEC. 804. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924.
SEC. 805. Unless otherwise specified during the current fiscal year,
no part of any appropriation contained in this or any other Act
shall be used to pay the compensation of any officer or employee
of the Government of the United States (including any agency the
majority of the stock of which is owned by the Government of the
United States) whose post of duty is in the continental United States
unless such person: (1) is a citizen of the United States; (2) is a
person in the service of the United States on the date of the enactment of this Act who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior
to such date and is actually residing in the United States; (3) is
a person who owes allegiance to the United States; (4) is an alien
from Cuba, Poland, South Vietnam, the countries of the former Soviet
Union, or the Baltic countries lawfully admitted to the United States
for permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1, 1975;
or (6) is a national of the People’s Republic of China who qualifies
for adjustment of status pursuant to the Chinese Student Protection
Act of 1992 (Public Law 102–404): Provided, That for the purpose
of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with
respect to his or her status have been complied with: Provided further, That any person making a false affidavit shall be guilty of
a felony, and, upon conviction, shall be fined no more than $4,000
or imprisoned for not more than 1 year, or both: Provided further,
That the above penal clause shall be in addition to, and not in
substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary
to the provisions of this section shall be recoverable in action by
the Federal Government. This section shall not apply to citizens
of Ireland, Israel, or the Republic of the Philippines, or to nationals
of those countries allied with the United States in a current defense
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effort, or to international broadcasters employed by the United States
Information Agency, or to temporary employment of translators, or
to temporary employment in the field service (not to exceed 60 days)
as a result of emergencies.
SEC. 806. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable law.
SEC. 807. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended
for the following purposes:
(1) Acquisition, waste reduction and prevention, and recycling
programs as described in Executive Order No. 13101 (September
14, 1998), including any such programs adopted prior to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and implementation
of hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as deemed
appropriate by the head of the Federal agency.
SEC. 808. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and
agencies subject to chapter 91 of title 31, United States Code, shall
be available, in addition to objects for which such funds are otherwise
available, for rent in the District of Columbia; services in accordance
with 5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the expenditure of
such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the event any functions budgeted
as administrative expenses are subsequently transferred to or paid
from other funds, the limitations on administrative expenses shall
be correspondingly reduced.
øSEC. 809. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for
the filling of any position for which he or she has been nominated
after the Senate has voted not to approve the nomination of said
person.¿
SEC. ø810¿ 809. No part of any appropriation contained in this
or any other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive financial
support from more than one agency or instrumentality.
SEC. ø811¿ 810. Funds made available by this or any other Act
to the Postal Service Fund (39 U.S.C. 2003) shall be available for
employment of guards for all buildings and areas owned or occupied
by the Postal Service or under the charge and control of the Postal
Service. The Postal Service may give such guards, with respect to
such property, any of the powers of special policemen provided under
40 U.S.C. 1315. The Postmaster General, or his designee, may take
any action that the Secretary of Homeland Security may take under
such section with respect to that property.
SEC. ø812¿ 811. None of the funds made available pursuant to
the provisions of this Act shall be used to implement, administer,
or enforce any regulation which has been disapproved pursuant to
a joint resolution duly adopted in accordance with the applicable
law of the United States.
SEC. ø813¿ 812. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of any
of the funds appropriated for fiscal year ø2006¿ 2007, by this or
any other Act, may be used to pay any prevailing rate employee
described in section 5342(a)(2)(A) of title 5, United States Code—
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TITLE VIII—GENERAL PROVISIONS GOVERNMENT-WIDE—Continued

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DEPARTMENTS, AGENCIES,

AND

THE BUDGET FOR FISCAL YEAR 2007

CORPORATIONS—Continued

(1) during the period from the date of expiration of the limitation
imposed by the comparable section for previous fiscal years until
the normal effective date of the applicable wage survey adjustment
that is to take effect in fiscal year ø2006¿ 2007, in an amount
that exceeds the rate payable for the applicable grade and step
of the applicable wage schedule in accordance with such section;
and
(2) during the period consisting of the remainder of fiscal year
ø2006¿ 2007, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by more
than the sum of—
(A) the percentage adjustment taking effect in fiscal year
ø2006¿ 2007 under section 5303 of title 5, United States Code,
in the rates of pay under the General Schedule; and
(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year ø2006¿ 2007 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous
fiscal year under such section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2)
of title 5, United States Code, and no employee covered by section
5348 of such title, may be paid during the periods for which subsection (a) is in effect at a rate that exceeds the rates that would
be payable under subsection (a) were subsection (a) applicable to
such employee.
(c) For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule
not in existence on September 30, ø2005¿ 2006, shall be determined
under regulations prescribed by the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this section may not be changed from
the rates in effect on September 30, ø2005¿ 2006, except to the
extent determined by the Office of Personnel Management to be consistent with the purpose of this section.
(e) This section shall apply with respect to pay for service performed after September 30, ø2005¿ 2006.
(f) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction
or contribution, or that imposes any requirement or limitation on
the basis of a rate of salary or basic pay, the rate of salary or
basic pay payable after the application of this section shall be treated
as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or require
the payment to any employee covered by this section at a rate in
excess of the rate that would be payable were this section not in
effect.
(h) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this section if the Office determines
that such exceptions are necessary to ensure the recruitment or retention of qualified employees.
SEC. ø814¿ 813. During the period in which the head of any department or agency, or any other officer or civilian employee of the
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000
to furnish or redecorate the office of such department head, agency
head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing
or redecoration is øexpressly approved by¿ transmitted to the Committees on Appropriations. For the purposes of this section, the term
‘‘office’’ shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual
or the use of which is directly controlled by the individual.
SEC. ø815¿ 814. Notwithstanding section 1346 of title 31, United
States Code, or section 809 of this Act, funds made available for
the current fiscal year by this or any other Act shall be available
for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive
Order No. 12472 (April 3, 1984).
SEC. ø816¿ 815. (a) None of the funds appropriated by this or
any other Act may be obligated or expended by any Federal department, agency, or other instrumentality for the salaries or expenses
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determining character excepted from the competitive service pursuant
to section 3302 of title 5, United States Code, without a certification
to the Office of Personnel Management from the head of the Federal
department, agency, or other instrumentality employing the Schedule
C appointee that the Schedule C position was not created solely
or primarily in order to detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal employees or members of the armed services detailed to or from—
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the collection
of specialized national foreign intelligence through reconnaissance
programs;
(5) the Bureau of Intelligence and Research of the Department
of State;
(6) any agency, office, or unit of the Army, Navy, Air Force,
and Marine Corps, the Department of Homeland Security, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, and the Department of
Energy performing intelligence functions; and
(7) the Director of National Intelligence or the Office of the Director of National Intelligence.
SEC. ø817¿ 816. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for the current fiscal year shall obligate or expend any such
funds, unless such department, agency, or instrumentality has in
place, and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from discrimination and sexual harassment and that all of its workplaces are not
in violation of title VII of the Civil Rights Act of 1964 (Public Law
88–352, 78 Stat. 241), as amended, the Age Discrimination in Employment Act of 1967 (Public Law 90–202, 81 Stat. 602), and the
Rehabilitation Act of 1973 (Public Law 93–112, 87 Stat. 355).
SEC. ø818¿ 817. No part of any appropriation contained in this
or any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who—
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any other officer or employee of the Federal Government
from having any direct oral or written communication or contact
with any Member, committee, or subcommittee of the Congress
in connection with any matter pertaining to the employment of
such other officer or employee or pertaining to the department
or agency of such other officer or employee in any way, irrespective
of whether such communication or contact is at the initiative of
such other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes, reduces
in rank, seniority, status, pay, or performance of efficiency rating,
denies promotion to, relocates, reassigns, transfers, disciplines, or
discriminates in regard to any employment right, entitlement, or
benefit, or any term or condition of employment of, any other officer
or employee of the Federal Government, or attempts or threatens
to commit any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or contact
of such other officer or employee with any Member, committee,
or subcommittee of the Congress as described in paragraph (1).
øSEC. 819. (a) None of the funds made available in this or any
other Act may be obligated or expended for any employee training
that—
(1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ‘‘new age’’ belief systems as
defined in Equal Employment Opportunity Commission Notice N–
915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’ personal
values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.¿
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GENERAL PROVISIONS GOVERNMENT-WIDE
øSEC. 820. No funds appropriated in this or any other Act may
be used to implement or enforce the agreements in Standard Forms
312 and 4414 of the Government or any other nondisclosure policy,
form, or agreement if such policy, form, or agreement does not contain
the following provisions: ‘‘These restrictions are consistent with and
do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958;
section 7211 of title 5, United States Code (governing disclosures
to Congress); section 1034 of title 10, United States Code, as amended
by the Military Whistleblower Protection Act (governing disclosure
to Congress by members of the military); section 2302(b)(8) of title
5, United States Code, as amended by the Whistleblower Protection
Act (governing disclosures of illegality, waste, fraud, abuse or public
health or safety threats); the Intelligence Identities Protection Act
of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could
expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security,
including sections 641, 793, 794, 798, and 952 of title 18, United
States Code, and section 4(b) of the Subversive Activities Act of
1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations,
rights, sanctions, and liabilities created by said Executive order and
listed statutes are incorporated into this agreement and are controlling.’’: Provided, That notwithstanding the preceding paragraph, a
nondisclosure policy form or agreement that is to be executed by
a person connected with the conduct of an intelligence or intelligencerelated activity, other than an employee or officer of the United
States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form
or agreement shall, at a minimum, require that the person will not
disclose any classified information received in the course of such
activity unless specifically authorized to do so by the United States
Government. Such nondisclosure forms shall also make it clear that
they do not bar disclosures to Congress or to an authorized official
of an executive agency or the Department of Justice that are essential
to reporting a substantial violation of law.¿
SEC. ø821¿ 818. No part of any funds appropriated in this or
any other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication, radio,
television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself.
SEC. ø822¿ 819. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal employee’s
home address to any labor organization except when the employee
has authorized such disclosure or when such disclosure has been
ordered by a court of competent jurisdiction.
øSEC. 823. None of the funds made available in this Act or any
other Act may be used to provide any non-public information such
as mailing or telephone lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations.¿
SEC. ø824¿ 820. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly, including by
private contractor, for publicity or propaganda purposes within the
United States not heretofor authorized by the Congress.
SEC. ø825¿ 821. (a) In this section the term ‘‘agency’’—
(1) means an Executive agency as defined under section 105
of title 5, United States Code;
(2) includes a military department as defined under section 102
of such title, the Postal Service, and the Postal Rate Commission;
and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations to
use such time for other purposes, an employee of an agency shall
use official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee exempted under section 6301(2) of title 5, United States Code,
has an obligation to expend an honest effort and a reasonable proportion of such employee’s time in the performance of official duties.
SEC. ø826¿ 822. Notwithstanding 31 U.S.C. 1346 and section ø810¿
809 of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which is
a member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of FASAB
administrative costs.
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11

SEC. ø827¿ 823. Notwithstanding 31 U.S.C. 1346 and section ø910¿
809 of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ‘‘General Services
Administration, Government-wide Policy’’ with the approval of the
Director of the Office of Management and Budget, funds made available for the current fiscal year by this or any other Act, including
rebates from charge card and other contracts: Provided, That these
funds shall be administered by the Administrator of General Services
to support Government-wide financial, information technology, procurement, and other management innovations, initiatives, and activities, as approved by the Director of the Office of Management and
Budget, in consultation with the appropriate interagency groups designated by the Director (including the President’s Management Council for overall management improvement initiatives, the Chief Financial Officers Council øand the Joint Financial Management Improvement Program¿ for financial management initiatives, the Chief Information Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital initiatives,
and the øFederal Acquisition¿ Chief Acquisition Officers Council for
procurement initiatives). The total funds transferred or reimbursed
shall not exceed ø$10,000,000¿ $17,000,000. Such transfers or reimbursements may only be made 15 days following notification of the
Committees on Appropriations by the Director of the Office of Management and Budget.
SEC. ø828¿ 824. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal building
or on Federal property, if the woman and her child are otherwise
authorized to be present at the location.
SEC. ø829¿ 825. Nothwithstanding section 1346 of title 31, United
States Code, or section ø810¿ 809 of this Act, funds made available
for the current fiscal year by this or any other Act shall be available
for the interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National Science
and Technology Council (authorized by Executive Order No. 12881),
which benefit multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall provide
a report describing the budget of and resources connected with the
National Science and Technology Council to the Committees on Appropriations, the House Committee on Science, and the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this Act.
SEC. ø830¿ 826. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving the distribution of Federal funds shall indicate the agency providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: Provided, That this provision
shall apply to direct payments, formula funds, and grants received
by a State receiving Federal funds.
SEC. ø831¿ 827. Subsection (f) of section 403 of Public Law 103–
356 (31 U.S.C. 501 note), as amended, is further amended by striking
‘‘October 1, ø2005’’¿ 2006’’ and inserting ‘‘October 1, ø2006’’: Provided,
That this provision shall not apply to the Department of Homeland
Security¿ 2007’’.
SEC. ø832¿ 828. (a) PROHIBITION OF FEDERAL AGENCY MONITORING
OF INDIVIDUALS’ INTERNET USE.—None of the funds made available
in this or any other Act may be used by any Federal agency—
(1) to collect, review, or create any aggregation of data, derived
from any means, that includes any personally identifiable information relating to an individual’s access to or use of any Federal
Government Internet site of the agency; or
(2) to enter into any agreement with a third party (including
another government agency) to collect, review, or obtain any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual’s access to
or use of any nongovernmental Internet site.
(b) EXCEPTIONS.—The limitations established in subsection (a) shall
not apply to—
(1) any record of aggregate data that does not identify particular
persons;
(2) any voluntary submission of personally identifiable information;
(3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and is
necessarily incident to providing the Internet site services or to
protecting the rights or property of the provider of the Internet
site.
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TITLE VIII—GENERAL PROVISIONS GOVERNMENT-WIDE—Continued

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DEPARTMENTS, AGENCIES,

AND

THE BUDGET FOR FISCAL YEAR 2007

CORPORATIONS—Continued

(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘regulatory’’ means agency actions to implement,
interpret or enforce authorities provided in law.
(2) The term ‘‘supervisory’’ means examinations of the agency’s
supervised institutions, including assessing safety and soundness,
overall financial condition, management practices and policies and
compliance with applicable standards as provided in law.
SEC. ø833¿ 829. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes a
provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with—
(1) any of the following religious plans:
(A) Personal Care’s HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan objects
to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual
to discrimination on the basis that the individual refuses to prescribe
or otherwise provide for contraceptives because such activities would
be contrary to the individual’s religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
øSEC. 834. The Congress of the United States recognizes the United
States Anti-Doping Agency (USADA) as the official anti-doping agency for Olympic, Pan American, and Paralympic sport in the United
States.¿
SEC. ø835¿ 830. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies
may be used by such departments and agencies, if consistent with
Office of Management and Budget Circular A–126 regarding official
travel for Government personnel, to participate in the fractional aircraft ownership pilot program.
øSEC. 836. Notwithstanding any other provision of law, none of
the funds appropriated or made available under this Act or any
other appropriations Act may be used to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship
Program, or to implement the proposed regulations of the Office of
Personnel Management to add sections 300.311 through 300.316 to
part 300 of title 5 of the Code of Federal Regulations, published
in the Federal Register, volume 68, number 174, on September 9,
2003 (relating to the detail of executive branch employees to the
legislative branch).¿
øSEC. 837. (a) Not later than 180 days after the end of the fiscal
year, the head of each Federal agency shall submit a report to Congress on the amount of the acquisitions made by the agency from
entities that manufacture the articles, materials, or supplies outside
of the United States in that fiscal year.
(b) The report required by subsection (a) shall separately indicate—
(1) the dollar value of any articles, materials, or supplies purchased that were manufactured outside of the United States;
(2) an itemized list of all waivers granted with respect to such
articles, materials, or supplies under the Buy American Act (41
U.S.C. 10a et seq.); and
(3) a summary of the total procurement funds spent on goods
manufactured in the United States versus funds spent on goods
manufactured outside of the United States.
(c) The head of each Federal agency submitting a report under
subsection (a) shall make the report publicly available to the maximum extent practicable.
(d) This section shall not apply to acquisitions made by an agency,
or component thereof, that is an element of the intelligence community as set forth in or designated under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).¿
SEC. ø838¿ 831. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or lease any
additional facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law enforcement
training without the advance øapproval¿ notification of the Committees on Appropriations, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training
which cannot be accommodated in existing Center facilities.
øSEC. 839. Notwithstanding section 1346 of title 31, United States
Code, and section 809 of this Act and any other provision of law,
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the head of each appropriate executive department and agency shall
transfer to or reimburse the Federal Aviation Administration, upon
the direction of the Director of the Office of Management and Budget,
funds made available by this or any other Act for the purposes described below, and shall submit budget requests for such purposes.
These funds shall be administered by the Federal Aviation Administration, in consultation with the appropriate interagency groups designated by the Director and shall be used to ensure the uninterrupted, continuous operation of the Midway Atoll Airfield by the
Federal Aviation Administration pursuant to an operational agreement with the Department of the Interior for the entirety of fiscal
year 2006 and any period thereafter that precedes the enactment
of the Transportation, Treasury, the Judiciary, Housing and Urban
Development, and Related Agencies Appropriations Act, 2007. The
Director of the Office of Management and Budget shall mandate
the necessary transfers after determining an equitable allocation between the appropriate executive departments and agencies of the
responsibility for funding the continuous operation of the Midway
Atoll Airfield based on, but not limited to, potential use, interest
in maintaining aviation safety, and applicability to governmental operations and agency mission. The total funds transferred or reimbursed shall not exceed $6,000,000 for any twelve-month period. Such
sums shall be sufficient to ensure continued operation of the airfield
throughout the period cited above. Funds shall be available for operation of the airfield or airfield-related capital upgrades. The Director
of the Office of Management and Budget shall notify the Committees
on Appropriations of such transfers or reimbursements within 15
days of this Act. Such transfers or reimbursements shall begin within
30 days of enactment of this Act.¿
øSEC. 840. Section 4(b) of the Federal Activities Inventory Reform
Act of 1998 (Public Law 105–270) is amended by adding at the
end the following new paragraph:
‘‘(5) Executive agencies with fewer than 100 full-time employees
as of the first day of the fiscal year. However, such an agency
shall be subject to section 2 to the extent it plans to conduct
a public-private competition for the performance of an activity that
is not inherently governmental.’’.¿
SEC. ø841¿ 832. (a) No funds shall be available for transfers or
reimbursements to the E-Government Initiatives sponsored by the
Office of Management and Budget (OMB) prior to 15 days following
submission of a report to the Committees on Appropriations by the
Director of the Office of Management and Budget øand receipt of
approval to transfer funds by the House and Senate Committees
on Appropriations¿.
(b) The report in (a) shall detail—
(1) the amount proposed for transfer for any department and
agency by program office, bureau, or activity, as appropriate;
(2) the specific use of funds;
(3) the relevance of that use to that department or agency and
each bureau or office within, which is contributing funds; and
(4) a description on any such activities for which funds were
appropriated that will not be implemented or partially implemented
by the department or agency as a result of the transfer.
(c) Submission of such report shall fulfill reprogramming procedures
and requirements for E-Government Initiatives in this or any other
appropriation Act.
øSEC. 842. (a) REQUIREMENT FOR PUBLIC-PRIVATE COMPETITION.—
(1) Notwithstanding any other provision of law, none of the funds
appropriated by this or any other Act shall be available to convert
to contractor performance an activity or function of an executive
agency, that on or after the date of enactment of this Act, is
performed by more than 10 Federal employees unless—
(A) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function; and
(B) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the executive agency by an amount that equals or exceeds
the lesser of—
(i) 10 percent of the most efficient organization’s personnel-related
costs for performance of that activity or function by Federal employees; or
(ii) $10,000,000.
(2) This paragraph shall not apply to—
(A) the Department of Defense;
(B) section 44920 of title 49, United States Code;
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GENERAL PROVISIONS GOVERNMENT-WIDE
(C) a commercial or industrial type function that—
(i) is included on the procurement list established pursuant to
section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47); or
(ii) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for
other severely handicapped individuals in accordance with that Act;
(D) depot contracts or contracts for depot maintenance as
provided in sections 2469 and 2474 of title 10, United States
Code; or
(E) activities that are the subject of an ongoing competition
that was publicly announced prior to the date of enactment
of this Act.
(b) USE OF PUBLIC-PRIVATE COMPETITION.—Nothing in Office of
Management and Budget Circular A–76 shall prevent the head of
an executive agency from conducting a public-private competition to
evaluate the benefits of converting work from contract performance
to performance by Federal employees in appropriate instances. The
Circular shall provide procedures and policies for these competitions
that are similar to those applied to competitions that may result
in the conversion of work from performance by Federal employees
to performance by a contractor.¿
øSEC. 843. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year 2006
under sections 5303 and 5304 of title 5, United States Code, shall
be an increase of 3.1 percent, and this adjustment shall apply to
civilian employees in the Department of Defense and the Department
of Homeland Security and such adjustments shall be effective as
of the first day of the first applicable pay period beginning on or
after January 1, 2006.
(b) Notwithstanding section 813 of this Act, the adjustment in
rates of basic pay for the statutory pay systems that take place
in fiscal year 2006 under sections 5344 and 5348 of title 5, United
States Code, shall be no less than the percentage in paragraph (a)
as employees in the same location whose rates of basic pay are
adjusted pursuant to the statutory pay systems under section 5303
and 5304 of title 5, United States Code. Prevailing rate employees
at locations where there are no employees whose pay is increased
pursuant to sections 5303 and 5304 of title 5 and prevailing rate
employees described in section 5343(a)(5) of title 5 shall be considered
to be located in the pay locality designated as ‘‘Rest of US’’ pursuant
to section 5304 of title 5 for purposes of this paragraph.
(c) Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or agency
for salaries and expenses for fiscal year 2006.¿
SEC. ø844¿ 833. Unless otherwise authorized by existing law, none
of the funds provided in this Act or any other Act may be used
by an executive branch agency to produce any prepackaged news
story intended for broadcast or distribution in the United States,
unless the story includes a clear notification within the text or audio
of the prepackaged news story that the prepackaged news story was
prepared or funded by that executive branch agency.
øSEC. 845. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United States
Code (popularly known as the Privacy Act) or of section 552.224
of title 48 of the Code of Federal Regulations.¿
SEC. ø846¿ 834. Each executive department and agency shall evaluate the creditworthiness of an individual before issuing the individual
a government travel charge card. The department or agency may
not issue a government travel charge card to an individual that
either lacks a credit history or is found to have an unsatisfactory
credit history as a result of this evaluation: Provided, That this restriction shall not preclude issuance of a restricted-use charge, debit,
or stored value card made in accordance with agency procedures
to: (1) an individual with an unsatisfactory credit history where such
card is used to pay travel expenses and the agency determines there
is no suitable alternative payment mechanism available before
issuing the card; or (2) an individual who lacks a credit history.
Each executive department and agency shall establish guidelines and
procedures for disciplinary actions to be taken against agency personnel for improper, fraudulent, or abusive use of government charge
cards, which shall include appropriate disciplinary actions for use
of charge cards for purposes, and at establishments, that are inconsistent with the official business of the Department or agency or
with applicable standards of conduct.
SEC. 835. From funds made available in this Act under the headings ‘‘White House Office’’, ‘‘Office of Management and Budget’’, ‘‘Office
of National Drug Control Policy’’, ‘‘Special Assistant to the President’’,
‘‘Official Residence of the Vice President’’, ‘‘Council on Environmental
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13

Quality and Office of Environmental Quality’’, ‘‘Office of Science and
Technology Policy’’, and ‘‘Office of United States Trade Representative’’, the Director of the Office of Management and Budget (or such
other officer as the President may designate in writing), may, fifteen
days after giving notice to the House and Senate Committees on Appropriations, transfer not to exceed 10 percent of any such appropriation to any other such appropriation, to be merged with and available
for the same time and for the same purposes as the appropriation
to which transferred: Provided, That the amount of an appropriation
shall not be increased by more than 50 percent by such transfers:
Provided further, That no amount shall be transferred from ‘‘Special
Assistant to the President’’ or ‘‘Official Residence of the Vice President’’
without the approval of the Vice President.
SEC. 836. (a) The President may provide for adjustments in rates
of basic pay for employees under the statutory pay systems under
sections 5303(b), 5304a, and 5305 of title 5, United States Code,
in amounts not to exceed an overall average increase in General
Schedule payroll of 2.2 percent in fiscal year 2007. This provision
shall not require an adjustment to be made under section 5305 unless
the President determines good and sufficient evidence exists to support
such an adjustment.
(b) Funds used to carry out this section shall be paid from appropriations which are made to each applicable department or agency
for salaries and expenses for fiscal year 2007.
SEC. 837. FEDERAL REAL PROPERTY DISPOSAL PILOT PROGRAM.
(a) Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following new subchapter:
‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF REAL PROPERTY
‘‘§ 621. Pilot Program
‘‘(a) The Director of the Office of Management and Budget (in this
subchapter referred to as the ‘Director’) is authorized to conduct a
pilot program, to be known as the ‘Federal Real Property Disposal
Pilot Program’, under which real property that is not meeting Federal
Government needs may be disposed of in accordance with this subchapter.
‘‘(b) For purposes of this subchapter, the Director shall identify
criteria for determining whether real property is not meeting Federal
Government needs.
‘‘(c) The Federal Real Property Disposal Pilot Program shall terminate 5 years after the date of the enactment of this subchapter.
‘‘§ 622. Selection of real properties
‘‘Agencies will recommend candidate disposition properties to the
Director for participation in the pilot program. The Director, with
the concurrence of the head of the executive agency concerned and
consistent with the criteria established in section 621, may then select
such candidate properties for participation in the pilot program and
notify the recommending agency accordingly.
‘‘§ 623. Expedited disposal requirements
‘‘(a) For purposes of the pilot program, an ‘‘expedited disposal of
a real property’’ is a sale of real property for cash that is conducted
pursuant to the requirements of section 545 of this title.
‘‘(b) Real property sold under the pilot program must be sold at
not less than the fair market value as determined by the Director
in consultation with the head of the executive agency. Costs associated
with disposal may not exceed the fair market value of the property
unless the Director approves incurring such costs.
‘‘(c) A real property may be sold under the pilot program only
if the property will generate monetary proceeds to the Federal Government, as provided in subsection (b). A disposal of real property under
the pilot program may not include any exchange, trade, transfer, acquisition of like-kind property, or other non-cash transaction as part
of the disposal.
‘‘(d) Nothing in this subchapter shall be construed as terminating
or in any way limiting authorities that are otherwise available to
agencies under other provisions of law to dispose of Federal real
property, except as provided in subsection (e).
‘‘(e) Any expedited disposal of a real property conducted under this
section shall not be subject to—
‘‘(1) subchapter IV of this chapter;
‘‘(2) sections 550 and 553 of title 40, United States Code;
‘‘(3) section 501 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11411);
‘‘(4) any other provision of law authorizing the no-cost conveyance
of real property owned by the Federal Government; or
‘‘(5) any congressional notification requirement other than that
in section 545 of this title.
‘‘§ 624. Special rules for deposit and use of proceeds from
expedited disposals
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TITLE VIII—GENERAL PROVISIONS GOVERNMENT-WIDE—Continued

DEPARTMENTS, AGENCIES,

AND

THE BUDGET FOR FISCAL YEAR 2007

CORPORATIONS—Continued

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‘‘(a) Agencies that conduct expedited disposals of real properties
under this subchapter shall be reimbursed from the proceeds for the
administrative expenses associated with the disposal of such properties. Such amounts will be credited as offsetting collections to the
account that incurred such expenses, to remain available until expended without further appropriations.
‘‘(b) After payment of such administrative costs, the balance of the
proceeds shall be distributed as follows:
‘‘(1) 80 percent shall be deposited into the Treasury as miscellaneous
receipts; and
‘‘(2) 20 percent shall be deposited into the account of the agency
that owned the real property and initiated the disposal action. Such
funds shall be available without further appropriation, to remain
available for the period of the pilot program, for activities related
to Federal real property capital improvements and disposal activities.
Upon termination of the pilot program, any unobligated amounts shall
be transferred to the general fund of the Treasury.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning
of chapter 5 of subtitle I of title 40, United States Code, is amended
by inserting after the item relating to section 611 the following:
‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF REAL PROPERTY
‘‘621. Requirement for pilot program.
‘‘622. Selection of real properties and termination of pilot program.
‘‘623. Expedited disposal requirements.
‘‘624. Special rules for deposit and use of proceeds from expedited
disposals.’’.
SEC. ø847¿ 838. Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in this division shall be treated as
referring only to the provisions of this division. (Transportation,
Treasury, Housing and Urban Development, the Judiciary, the District
of Columbia, and Independent Agencies Appropriations Act, 2006.)

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øSEC. 3801. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby
rescinded an amount equal to 1 percent of—
(1) the budget authority provided (or obligation limit imposed)
for fiscal year 2006 for any discretionary account of this Act and
in any other fiscal year 2006 appropriation Act;
(2) the budget authority provided in any advance appropriation
for fiscal year 2006 for any discretionary account in any prior
fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2006 for any
program subject to limitation contained in any fiscal year 2006
appropriation Act.
(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately—
(1) to each discretionary account and each item of budget authority described in such subsection; and
(2) within each such account and item, to each program, project,
and activity (with programs, projects, and activities as delineated
in the appropriation Act or accompanying reports for the relevant
fiscal year covering such account or item, or for accounts and items
not included in appropriation Acts, as delineated in the most recently submitted President’s budget).
(c) EXCEPTIONS.—This section shall not apply—
(1) to discretionary budget authority that has been designated
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006; or
(2) to discretionary authority appropriated or otherwise made
available to the Department of Veterans Affairs.
(d) OMB REPORT.—Within 30 days after the date of the enactment
of this section the Director of the Office of Management and Budget
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a report specifying the account and
amount of each rescission made pursuant to this section.¿ (Emergency
Supplemental Appropriations Act to Address Hurricanes in the Gulf
of Mexico and Pandemic Influenza, 2006.)

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