189 
101–549 over the cost of comparable conventionally fueled 
vehicles. 
SEC. 904. Appropriations of the executive depart-
ments and independent establishments for the current fis-
cal year available for expenses of travel, or for the ex-
penses 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. 905. Unless otherwise specified during the cur-
rent fiscal year, no part of any appropriation contained 
in this or any other Act shall be used to pay the compensa-
tion 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 be-
come 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 ad-
mitted to the United States for permanent residence; (5)
190 
is a South Vietnamese, Cambodian, or Laotian refugee pa-
roled in the United States after January 1, 1975; or (6) 
is a national of the People’s Republic of China who quali-
fies for adjustment of status pursuant to the Chinese Stu-
dent Protection Act of 1992: Provided, That for the pur-
pose of this section, an affidavit signed by any such person 
shall be considered prima facie evidence that the require-
ments 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 ex-
isting 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 Gov-
ernment. This section shall not apply to citizens of Ire-
land, Israel, or the Republic of the Philippines, or to na-
tionals of those countries allied with the United States in 
a current defense effort, or to international broadcasters 
employed by the United States Information Agency, or to 
temporary employment of translators, or to temporary em-
ployment in the field service (not to exceed 60 days) as 
a result of emergencies.
191 
SEC. 906. Appropriations available to any depart-
ment or agency during the current fiscal year for nec-
essary expenses, including maintenance or operating ex-
penses, 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 build-
ings 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. 907. In addition to funds provided in this or 
any other Act, all Federal agencies are authorized to re-
ceive and use funds resulting from the sale of materials, 
including Federal records disposed of pursuant to a 
records schedule recovered through recycling or waste pre-
vention programs. Such funds shall be available until ex-
pended 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 man-
agement programs, including, but not limited to, the
192 
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. 908. 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 ex-
penses are subsequently transferred to or paid from other 
funds, the limitations on administrative expenses shall be 
correspondingly reduced. 
SEC. 909. No part of any appropriation for the cur-
rent 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.
193 
SEC. 910. 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 instru-
mentality. 
SEC. 911. 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 prop-
erty, 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 Home-
land Security may take under such section with respect 
to that property. 
SEC. 912. 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 dis-
approved pursuant to a joint resolution duly adopted in 
accordance with the applicable law of the United States.
194 
SEC. 913. (a) Notwithstanding any other provision 
of law, and except as otherwise provided in this section, 
no part of any of the funds appropriated for fiscal year 
2006, by this or any other Act, may be used to pay any 
prevailing 
rate 
employee 
described 
in 
section 
5342(a)(2)(A) of title 5, United States Code— 
(1) during the period from the date of expira-
tion of the limitation imposed by the comparable sec-
tion for previous fiscal years until the normal effec-
tive date of the applicable wage survey adjustment 
that is to take effect in fiscal year 2006, in an 
amount that exceeds the rate payable for the appli-
cable grade and step of the applicable wage schedule 
in accordance with such section; and 
(2) during the period consisting of the remain-
der of fiscal year 2006, in an amount that exceeds, 
as a result of a wage survey adjustment, the rate 
payable under paragraph (1) by more than the sum 
of— 
(A) the percentage adjustment taking ef-
fect in fiscal year 2006 under section 5303 of 
title 5, United States Code, in the rates of pay 
under the General Schedule; and 
(B) the difference between the overall aver-
age percentage of the locality-based com-
195 
parability payments taking effect in fiscal year 
2006 under section 5304 of such title (whether 
by adjustment or otherwise), and the overall av-
erage 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) appli-
cable to such employee. 
(c) For the purposes of this section, the rates payable 
to an employee who is covered by this section and who 
is paid from a schedule not in existence on September 30, 
2005, shall be determined under regulations prescribed by 
the Office of Personnel Management. 
(d) Notwithstanding any other provision of law, rates 
of premium pay for employees subject to this section may 
not be changed from the rates in effect on September 30, 
2005, except to the extent determined by the Office of 
Personnel Management to be consistent with the purpose 
of this section.
196 
(e) This section shall apply with respect to pay for 
service performed after September 30, 2005. 
(f) For the purpose of administering any provision 
of law (including any rule or regulation that provides pre-
mium pay, retirement, life insurance, or any other em-
ployee benefit) that requires any deduction or contribu-
tion, 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 per-
mit 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 employ-
ees. 
SEC. 914. 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 obli-
gated or expended in excess of $5,000 to furnish or re-
decorate the office of such department head, agency head,
197 
officer, or employee, or to purchase furniture or make im-
provements for any such office, unless advance notice of 
such furnishing or redecoration is expressly approved by 
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. 915. Notwithstanding section 1346 of title 31, 
United States Code, or section 910 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 tele-
communications initiatives which benefit multiple Federal 
departments, agencies, or entities, as provided by Execu-
tive Order No. 12472 (April 3, 1984). 
SEC. 916. (a) None of the funds appropriated by this 
or any other Act may be obligated or expended by any 
Federal department, agency, or other instrumentality for 
the salaries or expenses of any employee appointed to a 
position of a confidential or policy-determining character 
excepted from the competitive service pursuant to section 
3302 of title 5, United States Code, without a certification 
to the Office of Personnel Management from the head of 
the Federal department, agency, or other instrumentality
198 
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 de-
tailed 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 De-
fense 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 Inves-
tigation 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 intel-
ligence functions; and 
(7) the Director of National Intelligence or the 
Office of the Director of National Intelligence.
199 
SEC. 917. No department, agency, or instrumentality 
of the United States receiving appropriated funds under 
this or any other Act for the current fiscal year shall obli-
gate 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 discrimina-
tion and sexual harassment and that all of its workplaces 
are not in violation of title VII of the Civil Rights Act 
of 1964, as amended, the Age Discrimination in Employ-
ment Act of 1967, and the Rehabilitation Act of 1973. 
SEC. 918. 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 threat-
ens to prohibit or prevent, any other officer or em-
ployee 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 ini-
200 
tiative of such other officer or employee or in re-
sponse 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 dis-
criminates in regard to any employment right, enti-
tlement, or benefit, or any term or condition of em-
ployment 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 sub-
committee of the Congress as described in paragraph 
(1). 
SEC. 919. (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 knowl-
edge, skills, and abilities bearing directly upon the 
performance of official duties;