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ADMINISTRATIVE PROVISIONS—GENERAL SERVICES
ADMINISTRATION
(INCLUDING RECISSION OF FUNDS)
SEC. 600. The appropriate appropriation or fund
available to the General Services Administration shall be
credited with the cost of operation, protection, maintenance,
upkeep, repair, and improvement, included as part of rent-
als received from Government corporations pursuant to law
(40 U.S.C. 129).
SEC. 601. Funds available to the General Services Ad-
ministration shall be available for the hire of passenger
motor vehicles.
SEC. 602. Funds in the Federal Buildings Fund made
available for fiscal year 2006 for Federal Buildings Fund
activities may be transferred between such activities only
to the extent necessary to meet program requirements: Pro-
vided, That any proposed transfers shall be approved in ad-
vance by the Committees on Appropriations.
SEC. 603. No funds made available by this Act shall
be used to transmit a fiscal year 2007 request for United
States Courthouse construction that: (1) does not meet the
design guide standards for construction as established and
approved by the General Services Administration, the Judi-
cial Conference of the United States, and the Office of Man-
agement and Budget; and (2) does not reflect the priorities
of the Judicial Conference of the United States as set out
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in its approved 5-year construction plan: Provided, That
the fiscal year 2007 request must be accompanied by a
standardized courtroom utilization study of each facility to
be constructed, replaced, or expanded.
SEC. 604. None of the funds provided in this Act may
be used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Build-
ings Fund, to any agency that does not pay the rate per
square foot assessment for space and services as determined
by the General Services Administration in compliance with
the Public Buildings Amendments Act of 1972 (Public Law
92–313).
SEC. 605. From funds made available under the head-
ing ‘‘Federal Buildings Fund, Limitations on Availability
of Revenue’’, claims against the Government of less than
$250,000 arising from direct construction projects and ac-
quisition of buildings may be liquidated from savings ef-
fected in other construction projects with prior notification
to the Committees on Appropriations.
SEC. 606. The General Services Administration shall
conduct a program to promote the use of stairs in all Fed-
eral buildings.
SEC. 607. No funds shall be used by the General Serv-
ices Administration to reorganize its organizational struc-
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ture without approval by the House and Senate Committees
on Appropriations through an operating plan change.
SEC. 608. The Administrator of General Services shall
require that all credible sustainable building rating systems
that award credits for certified wood products in the rating
system, be included in the published building design criteria
or specifications of any solicitation for offers issued by the
General Services Administration (GSA) for construction of
a Federal building or courthouse: Provided, That the Ad-
ministrator may only consider sustainable forest manage-
ment certification programs that are currently in use in
the United States and consistent with the Federal govern-
ment’s goals of environmental stewardship: Provided fur-
ther, That not later than 90 days after enactment of this
Act, the Administrator shall report to the relevant congres-
sional committees of jurisdiction on the appropriateness of
individual forest management certification programs for
use within GSA’s sustainable building program, including
a schedule for incorporating any additional such programs
into the system through regulations.
MERIT SYSTEMS PROTECTION BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out functions of the
Merit Systems Protection Board pursuant to Reorganiza-
tion Plan Numbered 2 of 1978, the Civil Service Reform
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Act of 1978, and the Whistleblower Protection Act of 1989
(5 U.S.C. 5509 note), as amended, including services as au-
thorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger
motor vehicles, direct procurement of survey printing, and
not to exceed $2,000 for official reception and representa-
tion expenses, $35,600,000 together with not to exceed
$2,605,000 for administrative expenses to adjudicate retire-
ment appeals to be transferred from the Civil Service Re-
tirement and Disability Fund in amounts determined by
the Merit Systems Protection Board.
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN
NATIONAL ENVIRONMENTAL POLICY FOUNDATION
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN
NATIONAL ENVIRONMENTAL POLICY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For payment to the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Trust Fund,
pursuant to the Morris K. Udall Scholarship and Excellence
in National Environmental and Native American Public
Policy Act of 1992 (20 U.S.C. 5601 et seq.), $2,000,000,
to remain available until expended, of which up to $50,000
shall be used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law
107–289) notwithstanding sections 8 and 9 of Public Law
102–259: Provided, That up to 60 percent of such funds
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may be transferred by the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Foundation
for the necessary expenses of the Native Nations Institute.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
For payment to the Environmental Dispute Resolution
Fund to carry out activities authorized in the Environ-
mental Policy and Conflict Resolution Act of 1998,
$1,000,000, to remain available until expended.
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
OPERATING EXPENSES
For necessary expenses in connection with the admin-
istration of the National Archives and Records Administra-
tion (including the Information Security Oversight Office)
and archived Federal records and related activities, as pro-
vided by law, and for expenses necessary for the review and
declassification of documents, and for the hire of passenger
motor vehicles, $280,975,000: Provided, That the Archivist
of the United States is authorized to use any excess funds
available from the amount borrowed for construction of the
National Archives facility, for expenses necessary to provide
adequate storage for holdings.
ELECTRONIC RECORDS ARCHIVES
For necessary expenses in connection with the develop-
ment of the electronic records archives, to include all direct
project costs associated with research, analysis, design, de-
velopment, and program management, $38,914,000: Pro-
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vided, That none of these funds may be obligated until the
National Archives and Records Administration submits to
the Committees on Appropriations, and such Committees
approve, a plan for expenditure that: (1) meets the capital
planning and investment control review requirements estab-
lished by the Office of Management and Budget, including
Circular A–11; (2) complies with the National Archives and
Records Administration’s enterprise architecture; (3) con-
forms with the National Archives and Records Administra-
tion’s enterprise life cycle methodology; (4) is approved by
the National Archives and Records Administration and the
Office of Management and Budget; (5) has been reviewed
by the Government Accountability Office; and (6) complies
with the acquisition rules, requirements, guidelines, and
systems acquisition management practices of the Federal
Government.
REPAIRS AND RESTORATION
For the repair, alteration, and improvement of ar-
chives facilities, and to provide adequate storage for hold-
ings, $11,682,000, to remain available until expended, of
which $2,500,000 is to construct a new regional archives
and records facility in Anchorage, Alaska, and of which
$2,000,000 is for the repair and restoration of the plaza
that surrounds the Lyndon Baines Johnson Presidential Li-
brary that is under the joint control and custody of the Uni-
versity of Texas: Provided, That such funds may be trans-
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ferred directly to the University and used, together with
University funds, for repair and restoration of the plaza
and remain available until expended for this purpose: Pro-
vided further, That such funds shall be spent in accordance
with the construction plan submitted to the Committees on
Appropriations on March 14, 2005: Provided further, That
the Archivist shall be prohibited from entering into any
agreement with the University or any other party that re-
quires additional funding commitments on behalf of the
Federal Government.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS
COMMISSION
GRANTS PROGRAM
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, as amended, $5,000,000, to remain available
until expended.
NATIONAL CREDIT UNION ADMINISTRATION
CENTRAL LIQUIDITY FACILITY
(INCLUDING TRANSFER OF FUNDS)
During fiscal year 2006, gross obligations of the Cen-
tral Liquidity Facility for the principal amount of new di-
rect loans to member credit unions, as authorized by 12
U.S.C. 1795 et seq., shall not exceed $1,500,000,000: Pro-
vided, That administrative expenses of the Central Liquid-
ity Facility in fiscal year 2006 shall not exceed $323,000.
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COMMUNITY DEVELOPMENT CREDIT UNION REVOLVING
LOAN FUND
For the Community Development Revolving Loan
Fund program as authorized by 42 U.S.C. 9812, 9822 and
9910, $950,000 shall be available until September 30, 2007
for technical assistance to low-income designated credit
unions, and amounts of principal and interest on loans re-
paid shall be available until expended for low-income des-
ignated credit unions.
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles
and aircraft; services as authorized by 5 U.S.C. 3109, but
at rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS–15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901–5902)
$76,700,000, of which not to exceed $2,000 may be used for
official reception and representation expenses.
(RESCISSION)
Of the available unobligated balances made available
under Public Law 106–246, $1,000,000 are rescinded.
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NEIGHBORHOOD REINVESTMENT CORPORATION
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT
CORPORATION
For payment to the Neighborhood Reinvestment Cor-
poration for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation
Act (42 U.S.C. 8101–8107), $115,000,000, of which
$5,000,000 shall be for a multi-family rental housing pro-
gram.
OFFICE OF GOVERNMENT ETHICS
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the
Office of Government Ethics pursuant to the Ethics in Gov-
ernment Act of 1978, as amended and the Ethics Reform
Act of 1989, including services as authorized by 5 U.S.C.
3109, rental of conference rooms in the District of Columbia
and elsewhere, hire of passenger motor vehicles, and not to
exceed $1,500 for official reception and representation ex-
penses, $11,148,000.
OFFICE OF PERSONNEL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses to carry out functions of the
Office of Personnel Management pursuant to Reorganiza-
tion Plan Numbered 2 of 1978 and the Civil Service Reform
Act of 1978, including services as authorized by 5 U.S.C.
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3109; medical examinations performed for veterans by pri-
vate physicians on a fee basis; rental of conference rooms
in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception
and representation expenses; advances for reimbursements
to applicable funds of the Office of Personnel Management
and the Federal Bureau of Investigation for expenses in-
curred under Executive Order No. 10422 of January 9,
1953, as amended; and payment of per diem and/or subsist-
ence allowances to employees where Voting Rights Act ac-
tivities require an employee to remain overnight at his or
her post of duty, $124,521,000, of which $6,983,000 shall
remain available until expended for the Enterprise Human
Resources Integration project; $1,450,000 shall remain
available until expended for the Human Resources Line of
Business project; $500,000 shall remain available until ex-
pended for the E-Training project; and $1,412,000 shall re-
main available until expended until September 30, 2007
for the E-Payroll project; and in addition $100,017,000 for
administrative expenses, to be transferred from the appro-
priate trust funds of the Office of Personnel Management
without regard to other statutes, including direct procure-
ment of printed materials, for the retirement and insurance
programs: Provided, That the provisions of this appropria-
tion shall not affect the authority to use applicable trust
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funds as provided by sections 8348(a)(1)(B), and
9004(f)(2)(A) of title 5, United States Code: Provided fur-
ther, That no part of this appropriation shall be available
for salaries and expenses of the Legal Examining Unit of
the Office of Personnel Management established pursuant
to Executive Order No. 9358 of July 1, 1943, or any suc-
cessor unit of like purpose: Provided further, That the Presi-
dent’s Commission on White House Fellows, established by
Executive Order No. 11183 of October 3, 1964, may, during
fiscal year 2006, accept donations of money, property, and
personal services: Provided further, That such donations,
including those from prior years, may be used for the devel-
opment of publicity materials to provide information about
the White House Fellows, except that no such donations
shall be accepted for travel or reimbursement of travel ex-
penses, or for the salaries of employees of such Commission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act, as amended, including services as authorized by 5
U.S.C. 3109, hire of passenger motor vehicles, $1,614,000,
and in addition, not to exceed $16,329,000 for administra-
tive expenses to audit, investigate, and provide other over-
sight of the Office of Personnel Management’s retirement
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and insurance programs, to be transferred from the appro-
priate trust funds of the Office of Personnel Management,
as determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES
HEALTH BENEFITS
For payment of Government contributions with respect
to retired employees, as authorized by chapter 89 of title
5, United States Code, and the Retired Federal Employees
Health Benefits Act (74 Stat. 849), as amended, such sums
as may be necessary.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE
INSURANCE
For payment of Government contributions with respect
to employees retiring after December 31, 1989, as required
by chapter 87 of title 5, United States Code, such sums as
may be necessary.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY
FUND
For financing the unfunded liability of new and in-
creased annuity benefits becoming effective on or after Octo-
ber 20, 1969, as authorized by 5 U.S.C. 8348, and annuities
under special Acts to be credited to the Civil Service Retire-
ment and Disability Fund, such sums as may be necessary:
Provided, That annuities authorized by the Act of May 29,
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1944, as amended, and the Act of August 19, 1950, as
amended (33 U.S.C. 771–775), may hereafter be paid out
of the Civil Service Retirement and Disability Fund.
OFFICE OF SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the
Office of Special Counsel pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978
(Public Law 95–454), as amended, the Whistleblower Pro-
tection Act of 1989 (Public Law 101–12), as amended, Pub-
lic Law 107–304, and the Uniformed Services Employment
and Reemployment Act of 1994 (Public Law 103–353), in-
cluding services as authorized by 5 U.S.C. 3109, payment
of fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of pas-
senger motor vehicles; $15,325,000.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of train-
ing for uniformed personnel assigned to the Selective Serv-
ice System, as authorized by 5 U.S.C. 4101–4118 for civil-
ian employees; purchase of uniforms, or allowances therefor,
as authorized by 5 U.S.C. 5901–5902; hire of passenger
motor vehicles; services as authorized by 5 U.S.C. 3109; and
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not to exceed $750 for official reception and representation
expenses; $25,650,000: Provided, That during the current
fiscal year, the President may exempt this appropriation
from the provisions of 31 U.S.C. 1341, whenever the Presi-
dent deems such action to be necessary in the interest of
national defense: Provided further, That none of the funds
appropriated by this Act may be expended for or in connec-
tion with the induction of any person into the Armed Forces
of the United States.
UNITED STATES INTERAGENCY COUNCIL ON
HOMELESSNESS
OPERATING EXPENSES
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rent-
al of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on Home-
lessness in carrying out the functions pursuant to title II
of the McKinney-Vento Homeless Assistance Act, as amend-
ed, $1,800,000.
Title II of the McKinney-Vento Homeless Assistance
Act, as amended, is amended in section 209 by striking
‘‘2005’’ and inserting ‘‘2012’’.
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UNITED STATES POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For payment to the Postal Service Fund for revenue
forgone on free and reduced rate mail, pursuant to sub-
sections (c) and (d) of section 2401 of title 39, United States
Code, $116,350,000, of which $87,350,000 shall not be
available for obligation until October 1, 2006: Provided,
That mail for overseas voting and mail for the blind shall
continue to be free: Provided further, That 6-day delivery
and rural delivery of mail shall continue without reduction:
Provided further, That none of the funds made available
to the Postal Service by this Act shall be used to implement
any rule, regulation, or policy of charging any officer or
employee of any State or local child support enforcement
agency, or any individual participating in a State or local
program of child support enforcement, a fee for information
requested or provided concerning an address of a postal cus-
tomer: Provided further, That none of the funds provided
in this Act shall be used to consolidate or close small rural
and other small post offices in fiscal year 2006.
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting
and other services as authorized by 5 U.S.C. 3109,
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$47,998,000: Provided, That travel expenses of the judges
shall be paid upon the written certificate of the judge.
TITLE VII—GENERAL PROVISIONS THIS ACT
(INCLUDING TRANSFERS OF FUNDS)
SEC. 700. Such sums as may be necessary for fiscal
year 2006 pay raises for programs funded in this Act shall
be absorbed within the levels appropriated in this Act or
previous appropriations Acts.
SEC. 701. None of the funds in this Act shall be used
for the planning or execution of any program to pay the
expenses of, or otherwise compensate, non-Federal parties
intervening in regulatory or adjudicatory proceedings fund-
ed in this Act.
SEC. 702. None of the funds appropriated in this Act
shall remain available for obligation beyond the current fis-
cal year, nor may any be transferred to other appropria-
tions, unless expressly so provided herein.
SEC. 703. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract pursuant to section 3109 of title 5, United States
Code, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
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SEC. 704. None of the funds made available in this
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except pur-
suant to a transfer made by, or transfer authority provided
in, this Act or any other appropriations Act.
SEC. 705. None of the funds made available by this
Act shall be available for any activity or for paying the
salary of any Government employee where funding an ac-
tivity or paying a salary to a Government employee would
result in a decision, determination, rule, regulation, or pol-
icy that would prohibit the enforcement of section 307 of
the Tariff Act of 1930 (19 U.S.C. 1307).
SEC. 706. No part of any appropriation contained in
this Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces
of the United States and has satisfactorily completed his
period of active military or naval service, and has within
90 days after his release from such service or from hos-
pitalization continuing after discharge for a period of not
more than 1 year, made application for restoration to his
former position and has been certified by the Office of Per-
sonnel Management as still qualified to perform the duties
of his former position and has not been restored thereto.
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SEC. 707. No funds appropriated pursuant to this Act
may be expended by an entity unless the entity agrees that
in expending the assistance the entity will comply with sec-
tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C.
10a–10c, popularly known as the ‘‘Buy American Act’’).
SEC. 708. No funds appropriated or otherwise made
available under this Act shall be made available to any per-
son or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 10a–10c).
SEC. 709. None of the funds provided in this Act, pro-
vided by previous appropriations Acts to the agencies or
entities funded in this Act that remain available for obliga-
tion or expenditure in fiscal year 2006, 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 re-
programming 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,
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or activities by $5,000,000 or 10 percent, whichever is less;
or (7) creates, reorganizes, or restructures a branch, divi-
sion, office, bureau, board, commission, agency, administra-
tion, 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 Ap-
propriations: 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 Appro-
priations 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: Pro-
vided 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 rescissions, if appropriate, and
the fiscal year enacted level; (2) a delineation 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
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day for each day after the required date that the report has
not been submitted to the Congress.
SEC. 710. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances re-
maining available at the end of fiscal year 2006 from ap-
propriations made available for salaries and expenses for
fiscal year 2006 in this Act, shall remain available through
September 30, 2007, 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 re-
quests shall be made in compliance with reprogramming
guidelines.
SEC. 711. 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 of-
ficial background investigation 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
(2) such request is required due to extraordinary
circumstances involving national security.
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SEC. 712. 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. 713. For the purpose of resolving litigation and
implementing any settlement agreements regarding the non-
foreign area cost-of-living allowance program, the Office of
Personnel Management may accept and utilize (without re-
gard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available
to the Office pursuant to court approval.
SEC. 714. In order to promote Government access to
commercial information technology, the restriction on pur-
chasing 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 de-
fined in section 4(12) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)).
SEC. 715. None of the funds made available under this
Act may be obligated or expended to establish or implement
a pilot program under which not more than 10 designated
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essential air service communities located in proximity to
hub airports are required to assume 10 percent of their es-
sential air subsidy costs for a 4-year period commonly re-
ferred to as the EAS local participation program.
SEC. 716. From funds made available in this Act
under the headings ‘‘White House Office’’, ‘‘Executive Resi-
dence at the White House’’, ‘‘White House Repair and Res-
toration’’, ‘‘Council of Economic Advisors’’, ‘‘National Se-
curity Council’’, ‘‘Office of Administration’’, ‘‘Office of
Management and Budget’’, ‘‘Office of National Drug Con-
trol Policy’’, ‘‘Special Assistance to the President’’, and
‘‘Official Residence of the Vice President’’, 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 Commit-
tees 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 trans-
ferred: 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 Assistance to the President’’ or ‘‘Official Residence
of the Vice President’’ without the approval of the Vice
President.
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SEC. 717. All Federal agencies and departments that
are funded under this Act shall issue quarterly reports to
the House and Senate Committees on Appropriations on
all sole source contracts. Such report shall include the con-
tractor, the amount of the contract and the rationale for
using a sole source contract. Each Federal agency and de-
partment shall publish this information quarterly in the
Federal Register.
SEC. 718. The Secretary of the Treasury may transfer
funds from within Treasury accounts for any costs nec-
essary to pay for both career and non-career Senior Execu-
tive Service positions and support staff in locations of eco-
nomic strategic interest throughout the world. Such posi-
tions would be used to advocate potions of interest to the
United States Government, including open and fair finan-
cial markets, consistent with the Secretary’s obligation
under the Gold Reserve Act of 1934 (48 Stat. 337) to pro-
mote orderly exchange arrangements and an orderly system
of exchange rates. Any transfer shall not be made available
until approved in an operating plan request by the House
and Senate Committees on Appropriations.
SEC. 719. None of the funds made available in this
Act may be used to administer, implement, or enforce the
amendment made to section 515.533 of title 31, Code of Fed-
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eral Regulations, that was published in the Federal Register
on February 25, 2005.
SEC. 720. Notwithstanding any other provision of law,
hereafter, neither the Board of Governors of the Federal Re-
serve System nor the Secretary of the Treasury may deter-
mine, by rule, regulation, order, or otherwise, for purposes
of section 4(K) of the Bank Holding Company Act of 1956,
or section 5136A of the Revised Statutes of the United
States, that real estate brokerage activity or real estate
management activity (which, for purposes of this para-
graph shall be defined to mean ‘‘real estate brokerage’’ and
‘‘property management’’ respectively, as those terms were
understood by the Federal Reserve Board prior to March
11, 2000) is an activity that is financial in nature, is inci-
dental to any financial activity, or is complementary to
a financial activity. For purposes of this paragraph, ‘‘real
estate brokerage activity’’ shall mean ‘‘real estate broker-
age’’, and ‘‘real estate management activity’’ shall mean
‘‘property management’’, as those terms were understood by
the Federal Reserve Board prior to March 11, 2000.
SEC. 721. None of the funds in this Act or otherwise
available to the Secretary of the Treasury from any source
may be expended to implement a reimbursable agreement
pursuant to section 517 of H.R. 2360, as adopted by the
United States Senate on July 14, 2005.
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SEC. 722. REPEAL OF INCREASE IN MICRO-PURCHASE
THRESHOLD.
Section 101 of the Second Emergency Supplemental
Appropriations Act to Meet Immediate Needs Arising From
the Consequences of Hurricane Katrina, 2005 (Public Law
109–62; 119 Stat. 1992) is repealed.
SEC. 723. The United States Interagency Council on
Homelessness shall conduct an assessment of the guidance
disseminated by the Department of Education, the Depart-
ment of Housing and Urban Development, and other related
Federal agencies for grantees of homeless assistance pro-
grams on whether such guidance is consistent with and does
not restrict the exercise of education rights provided to par-
ents, youth, and children under subtitle B of title VII of
the McKinney-Vento Act: Provided, That such assessment
shall address whether the practices, outreach, and training
efforts of said agencies serve to protect and advance such
rights: Provided further, That the Council shall submit to
the House and Senate Committees on Appropriations an
interim report by May 1, 2006, and a final report by Sep-
tember 1, 2006.
SEC. 724. REPORT ON EVERGREEN TERRACE.—(a) IN
GENERAL.—The Secretary of Housing and Urban Develop-
ment shall conduct a study and prepare a report that de-
scribes the progress, if any, in improving the living condi-
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tions of the tenants of the Evergreen Terrace I and Ever-
green Terrace II housing complexes located in Joliet, Illi-
nois, by the owners of such complexes.
(b) INTERIM REPORT.—Not later than 6 months after
the date of enactment of this Act, the Secretary of Housing
and Urban Development shall submit to Congress an in-
terim report on the findings of the study required under
subsection (a).
(c) FINAL REPORT.—Not later than 12 months after
the date of enactment of this Act, the Secretary of Housing
and Urban Development shall submit to Congress a final
report that describes—
(1) the findings of the study required under sub-
section (a); and
(2) any conclusions and recommendations of
such study.
SEC. 725. ALL-TERRAIN VEHICLES.—(a) IN GEN-
ERAL.—Notwithstanding any other provision of law, it is
unlawful for any manufacturer or wholesale distributor to
distribute in commerce in the United States any new as-
sembled or unassembled ATV unless—
(1)(A) with respect to an ATV designed for use
by single operator only, such ATV complies with any
applicable provision of—
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(i) the American National Standard for
Four Wheel All-Terrain Vehicles – Equipment,
Configuration, and Performance Requirements
developed by the Specialty Vehicle Institute of
America (American National Standard ANSI/
SVIA–1–2001);
(ii) a revision of such Standard; or
(iii) a mandatory rule promulgated by the
Consumer Product Safety Commission; or
(iv) such alternative standard that may be
accepted by the Commission; or
(B) with respect to an ATV designed for use by
an operator and passengers, such ATV complies with
any applicable provisions of any future American
National Standard developed for such vehicles or such
alternative standard that may be accepted by the
Commission;
(2) with respect to an ATV, it is subject to or
covered by a letter of undertaking or an ATV action
plan that is sent not more than 30 days after the date
of enactment of this Act—
(A) applies to such ATV;
(B) includes actions to promote ATV safety;
and
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(C) has been approved by the Commission
and is substantially implemented at the time of
the distribution in commerce of such ATV; and
(3) such ATV bears a permanent label certifying
that it complies with the provisions of paragraphs (1)
and (2).
(b) DEFINITIONS.—In this section:
(1) ATV.—The term ‘‘ATV’’ means any motor-
ized, off-highway, all-terrain vehicle designed to travel
on 4 wheels, having a seat designed to be straddled by
the operator and handlebars for steering control and
does not include a prototype of an motorized, off-high-
way, all-terrain vehicle or other off-highway, all-ter-
rain vehicle that is intended exclusively for research
and development purposes.
(2) COMMISSION, DISTRIBUTION IN COMMERCE,
TO DISTRIBUTE IN COMMERCE, UNITED STATES.—The
terms ‘‘Commission’’, ‘‘distribution in commerce’’, ‘‘to
distribute in commerce’’, and ‘‘United States’’ have
the meaning given those terms in section 3(a) of the
Consumer Product Safety Act (15 U.S.C. 2052(a)).
(c) VIOLATION OF CPSA.—Any violation of subsection
(a) shall be considered to be a prohibited act within the
meaning of section 19 of the Consumer Product Safety Act
(15 U.S.C. 2068) and shall be subject to the penalties and
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remedies available for prohibited acts under the Consumer
Product Safety Act.
(d) EFFECTIVE DATE.—This section shall become effec-
tive 90 days after the date of the enactment of this Act.
SEC. 726. Any limitation, directive, or earmarking
contained in either the House of Representatives or Senate
report accompanying H.R. 3058 shall also be included in
the conference report or joint statement accompanying H.R.
3058 in order to be considered as having been approved by
both Houses of Congress.
SEC. 727. DEPARTMENT OF HOUSING AND URBAN DE-
VELOPMENT
RISK
ASSESSMENT.—(a) ESTIMATE.—The
Secretary of Housing and Urban Development shall esti-
mate improper payments for the community development
block grant program under title I of the Housing and Com-
munity Development Act of 1974 (42 U.S.C. 5301 et seq.)
pursuant to section 2 of the Improper Payments Informa-
tion Act of 2002 (Public Law 107–300).
(b) REPORT.—Not later than 60 days after the date
of enactment of this section, the Secretary shall report to
Congress on specific actions taken to estimate improper
payments in the community development block grant pro-
gram to comply with section 2 of the Improper Payments
Information Act of 2002, including a schedule for full com-
pliance with such Act within fiscal year 2006.
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(c) FAILURE TO REPORT.—If the Secretary fails to re-
port to Congress on specific actions taken to estimate im-
proper payments as required under subsection (b), funds
for the community development block grant program shall
be halted until such report is submitted.
SEC. 728. PAYMENTS
TO FEDERAL CONTRACTORS
WITH FEDERAL TAX DEBT.
The General Services Administration, in conjunction
with the Financial Management Service, shall develop pro-
cedures to subject purchase card payments to Federal con-
tractors to the Federal Payment Levy Program.
SEC. 729. REPORTING OF AIR TRAVEL BY FEDERAL
GOVERNMENT EMPLOYEES.—(a) ANNUAL REPORTS RE-
QUIRED.—The Administrator of General Services shall sub-
mit annually to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Government Reform of the House of Representatives a re-
port on all first class and business class travel by employees
of each agency undertaken at the expense of the Federal
Government.
(b) CONTENTS.—The reports submitted pursuant to
subsection (a) shall include, at a minimum, with respect
to each travel by first class or business class—
(1) the names of each traveler;
(2) the date of travel;
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(3) the points of origination and destination;
(4) the cost of the first class or business class
travel; and
(5) the cost difference between such travel and
travel by coach class fare available under contract
with the General Services Administration or, if no
contract is available, the lowest coach class fare avail-
able.
(c) AGENCY DEFINED.—(1) Except as provided in
paragraph (2), in this section, the term ‘‘agency’’ has the
meaning given such term in section 5701(1) of title 5,
United States Code.
(2) The term does not include any element of the intel-
ligence community as set forth in or designated under sec-
tion 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
TITLE VIII—GENERAL PROVISIONS
GOVERNMENT-WIDE
DEPARTMENTS, AGENCIES, AND CORPORATIONS
SEC. 800. Funds appropriated in this or any other Act
may be used to pay travel to the United States for the im-
mediate family of employees serving abroad in cases of
death or life threatening illness of said employee.
SEC. 801. No department, agency, or instrumentality
of the United States receiving appropriated funds under
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this or any other Act for fiscal year 2006 shall obligate or
expend any such funds, unless such department, agency, or
instrumentality has in place, and will continue to admin-
ister 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 instrumen-
tality.
SEC. 802. 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. 803. 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 un-
less 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-
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ship, has filed a declaration of intention to become a citizen
of the United States prior to such date and is actually re-
siding in the United States; (3) is a person who owes alle-
giance to the United States; (4) is an alien from Cuba, Po-
land, 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 Viet-
namese, 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 adjust-
ment 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 per-
son shall be considered prima facie evidence that the re-
quirements 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 im-
prisoned for not more than 1 year, or both: Provided fur-
ther, 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 offi-
cer 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,
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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 em-
ployment of translators, or to temporary employment in the
field service (not to exceed 60 days) as a result of emer-
gencies.
SEC. 804. Appropriations available to any department
or agency during the current fiscal year for necessary ex-
penses, including maintenance or operating expenses, shall
also be available for payment to the General Services Ad-
ministration for charges for space and services and those
expenses of renovation and alteration of buildings and fa-
cilities 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. 805. 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 fol-
lowing purposes: