H. R. 4818—458
SEC. 510. None of the funds provided in this Act, provided
by previous appropriations Acts to the agencies or entities funded
in this Act that remain available for obligation or expenditure
in fiscal year 2005, or provided from any accounts in the Treasury
derived by the collection of fees and available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates a new program;
(2) eliminates a program, project, or activity; (3) increases funds
or personnel for any program, project, or activity for which funds
have been denied or restricted by the Congress; (4) proposes to
use funds directed for a specific activity by either the House or
Senate Committees on Appropriations for a different purpose; (5)
augments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent, which-
ever is less; or (7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency, administration,
or department different from the budget justifications submitted
to the Committees on Appropriations or the table accompanying
the statement of the managers accompanying this Act, whichever
is more detailed, unless prior approval is received from the House
and Senate Committees on Appropriations: Provided, That not later
than 60 days after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the Committee on
Appropriations of the Senate and of the House of Representatives
to establish the baseline for application of reprogramming and
transfer authorities for the current fiscal year: Provided further,
That the report shall include: (1) a table for each appropriation
with a separate column to display the President’s budget request,
adjustments made by Congress, adjustments due to enacted rescis-
sions, if appropriate, and the fiscal year enacted level; (2) a delinea-
tion in the table for each appropriation both by object class and
program, project, and activity as detailed in the budget appendix
for the respective appropriation; and (3) an identification of items
of special congressional interest: Provided further, That the amount
appropriated or limited for salaries and expenses for an agency
shall be reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
SEC. 511. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2005 from appropriations made available
for salaries and expenses for fiscal year 2005 in this Act, shall
remain available through September 30, 2006, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the Committees on Appropriations for approval prior
to the expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming guide-
lines.
SEC. 512. None of the funds made available in this Act may
be used by the Executive Office of the President to request from
the Federal Bureau of Investigation any official background inves-
tigation report on any individual, except when—
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to
the date of such request and during the same presidential
administration; or
H. R. 4818—459
(2) such request is required due to extraordinary cir-
cumstances involving national security.
SEC. 513. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy 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.
SEC. 514. For the purpose of resolving litigation and imple-
menting any settlement agreements regarding the nonforeign area
cost-of-living allowance program, the Office of Personnel Manage-
ment may accept and utilize (without regard to any restriction
on unanticipated travel expenses imposed in an Appropriations
Act) funds made available to the Office pursuant to court approval.
SEC. 515. No funds appropriated by this Act shall be available
to pay for an abortion, or the administrative expenses in connection
with any health plan under the Federal employees health benefits
program which provides any benefits or coverage for abortions.
SEC. 516. The provision of section 515 shall not apply where
the life of the mother would be endangered if the fetus were carried
to term, or the pregnancy is the result of an act of rape or incest.
SEC. 517. In order to promote 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)).
SEC. 518. Public Law 108–199 is amended in division H, section
161, by inserting ‘‘and all Federal agencies’’ after ‘‘Office of Manage-
ment and Budget’’.
SEC. 519. None of the funds made available in the Act may
be used to finalize, implement, administer, or enforce—
(1) the proposed rule relating to the determination that
real estate brokerage is an activity that is financial in nature
or incidental to a financial activity published in the Federal
Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or
(2) the revision proposed in such rule to section 1501.2
of title 12 of the Code of Federal Regulations.
SEC. 520. TREATMENT OF THE TENNESSEE VALLEY AUTHORITY.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended—
(1) in section 3(a)(42)(B) (15 U.S.C. 78c(a)(42)(B)), by
inserting ‘‘by the Tennessee Valley Authority or’’ after ‘‘issued
or guaranteed’’; and
(2) by adding at the end the following new section:
‘‘SEC. 37. TENNESSEE VALLEY AUTHORITY.
‘‘(a) IN GENERAL.—Commencing with the issuance by the Ten-
nessee Valley Authority of an annual report on Commission Form
10–K (or any successor thereto) for fiscal year 2006 and thereafter,
the Tennessee Valley Authority shall file with the Commission,
in accordance with such rules and regulations as the Commission
has prescribed or may prescribe, such periodic, current, and supple-
mentary information, documents, and reports as would be required
pursuant to section 13 if the Tennessee Valley Authority were