H. R. 3058—101
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 citizen-
ship, 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 
effort, or to international broadcasters employed by the United 
States Information Agency, or to temporary employment of trans-
lators, 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 pay-
ment 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 per-
formed 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
H. R. 3058—102
resulting from the sale of materials, including Federal records dis-
posed 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 pro-
grams, 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 corpora-
tions 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 subse-
quently transferred to or paid from other funds, the limitations 
on administrative expenses shall be correspondingly reduced. 
SEC. 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. 810. 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, commit-
tees, 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. 811. 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. 812. 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. 813. (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—
H. R. 3058—103
(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 2006, 
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 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 effect 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 average percent-
age of the locality-based comparability payments taking 
effect in fiscal year 2006 under section 5304 of such title 
(whether by adjustment or otherwise), and the overall aver-
age 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, 2005, shall be deter-
mined under regulations prescribed by the Office of Personnel 
Management. 
(d) Notwithstanding any other provision of law, rates of pre-
mium 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. 
(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 premium pay, retire-
ment, 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 excep-
tions to the limitations imposed by this section if the Office deter-
mines that such exceptions are necessary to ensure the recruitment 
or retention of qualified employees. 
SEC. 814. During the period in which the head of any depart-
ment or agency, or any other officer or civilian employee of the
H. R. 3058—104
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 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. 815. 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. 816. (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 pursu-
ant to section 3302 of title 5, United States Code, without a certifi-
cation 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 Depart-
ment of State; 
(6) any agency, office, or unit of the Army, Navy, Air 
Force, and Marine Corps, the Department of Homeland Secu-
rity, the Federal Bureau of Investigation and the Drug Enforce-
ment Administration of the Department of Justice, the Depart-
ment 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. 817. 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 Discrimina-
tion in Employment Act of 1967 (Public Law 90–202, 81 Stat.