H. R. 2673—357
procedures to (a) 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 (b) an individual who lacks
a credit history. Each executive department and agency shall estab-
lish 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 dis-
ciplinary 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. 639. Section 640(c) of the Treasury and General Govern-
ment Appropriations Act, 2000 (Public Law 106–58; 2 U.S.C. 437g
note 1), as amended by section 642 of the Treasury and General
Government Appropriations Act, 2002 (Public Law 107–67), is
amended by striking ‘‘December 31, 2003’’ and inserting ‘‘December
31, 2005’’.
SEC. 640. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year
2004 under sections 5303 and 5304 of title 5, United States Code,
shall be an increase of 4.1 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, 2004.
(b) Notwithstanding section 613 of this Act, the adjustment
in rates of basic pay for the statutory pay systems that take place
in fiscal year 2004 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 2004.
SEC. 641. Section 304(a) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 434(a)) is amended as follows—
(1) in clauses (a)(2)(A)(i) and (a)(4)(A)(ii) by striking ‘‘(or
posted by registered or certified mail no later than the 15th
day before)’’ and inserting ‘‘(or posted by any of the following:
registered mail, certified mail, priority mail having a delivery
confirmation, or express mail having a delivery confirmation,
or delivered to an overnight delivery service with an on-line
tracking system, if posted or delivered no later than the 15th
day before)’’; and
(2) by striking paragraph (a)(5) and inserting the following:
‘‘(5) If a designation, report, or statement filed pursuant
to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii)
or subsection (g)(1)) is sent by registered mail, certified mail,
priority mail having a delivery confirmation, or express mail
having a delivery confirmation, the United States postmark
H. R. 2673—358
shall be considered the date of filing the designation, report
or statement. If a designation, report or statement filed pursu-
ant to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii),
or subsection (g)(1)) is sent by an overnight delivery service
with an on-line tracking system, the date on the proof of
delivery to the delivery service shall be considered the date
of filing of the designation, report, or statement.’’.
SEC. 642. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies
may be used by such departments and agencies, if consistent with
Office of Management and Budget Circular A–126 regarding official
travel for Government personnel, to participate in the fractional
aircraft ownership pilot program.
SEC. 643. Notwithstanding any other provision of law, no execu-
tive branch agency shall purchase, construct, and/or lease any addi-
tional facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law enforcement
training without the advance approval of the Committees on Appro-
priations, except that the Federal Law Enforcement Training Center
is authorized to obtain the temporary use of additional facilities
by lease, contract, or other agreement for training which cannot
be accommodated in existing Center facilities.
SEC. 644. None of the funds provided in this Act shall be
used to implement or enforce regulations for locality pay areas
in fiscal year 2004 that are inconsistent with the recommendations
of the Federal Salary Council adopted on October 7, 2003.
SEC. 645. (a) Not later than 180 days after the enactment
of this Act, 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 max-
imum extent practicable.
SEC. 646. 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 Fellow-
ship 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): Provided, That if such proposed
regulations are final regulations on the date of enactment of this
Act, none of the funds appropriated or made available under this
H. R. 2673—359
Act may be used to implement, administer, or enforce such final
regulations.
SEC. 647. (a) LIMITATION
ON CONVERSION
TO CONTRACTOR
PERFORMANCE.—None of the funds appropriated by this Act shall
be available to convert to contractor performance an activity or
function of an executive agency, that on or after the date of enact-
ment of this Act, is performed by more than 10 Federal employees
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 per-
sonnel-related costs for performance of that activity or func-
tion 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 quan-
tifiable description of improvements in service or performance,
derived from completed competitions;
(7) actual savings, or a quantifiable description of improve-
ments in service or performance, derived from the implementa-
tion 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.
H. R. 2673—360
(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 Manage-
ment 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 con-
verted 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).
SEC. 648. Notwithstanding section 1346 of title 31, United
States Code, and section 610 of this Act, the head of each executive
department and agency shall transfer to or reimburse the Federal
Aviation Administration, with the approval 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 adminis-
tered by the Federal Aviation Administration as approved by the
Director of the Office of Management and Budget, in consultation
with the appropriate interagency groups designated by the Director
to ensure the operation of the Midway Atoll Airfield by the Federal
Aviation Administration pursuant to an operational agreement with
the Department of the Interior. The total funds transferred or
reimbursed shall not exceed $6,000,000 and shall not be available
for activities other than the operation of the airfield. 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.
This division may be cited as the ‘‘Transportation, Treasury,
and Independent Agencies Appropriations Act, 2004’’.