H. R. 4818—471
SEC. 625. (a) In this section the term ‘‘agency’’—
(1) means an Executive agency as defined under section
105 of title 5, United States Code;
(2) includes a military department as defined under section
102 of such title, the Postal Service, and the Postal Rate
Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official duties.
An employee not under a leave system, including a Presidential
appointee exempted under section 6301(2) of title 5, United States
Code, has an obligation to expend an honest effort and a reasonable
proportion of such employee’s time in the performance of official
duties.
SEC. 626. Notwithstanding 31 U.S.C. 1346 and section 610
of this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Joint Financial Management Improvement Program
(JFMIP), shall be available to finance an appropriate share of
JFMIP administrative costs, as determined by the JFMIP, but
not to exceed a total of $800,000 including the salary of the Execu-
tive Director and staff support.
SEC. 627. Notwithstanding 31 U.S.C. 1346 and section 610
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ‘‘General Services
Administration, Government-wide Policy’’ with the approval of the
Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided,
That these funds shall be administered by the Administrator of
General Services to support Government-wide financial, information
technology, procurement, and other management innovations, initia-
tives, and activities, as approved by the Director of the Office
of Management and Budget, in consultation with the appropriate
interagency groups designated by the Director (including the Chief
Financial Officers Council and the Joint Financial Management
Improvement Program for financial management initiatives, the
Chief Information Officers Council for information technology initia-
tives, the Chief Human Capital Officers Council for human capital
initiatives, and the Federal Acquisition Council for procurement
initiatives). The total funds transferred or reimbursed shall not
exceed $17,000,000. Such transfers or reimbursements may only
be made 15 days following notification of the Committees on Appro-
priations by the Director of the Office of Management and Budget.
SEC. 628. None of the funds made available in this or any
other Act may be used by the Office of Personnel Management
or any other department or agency of the Federal Government
to prohibit any agency from using appropriated funds as they see
fit to independently contract with private companies to provide
online employment applications and processing services.
SEC. 629. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building
or on Federal property, if the woman and her child are otherwise
authorized to be present at the location.
SEC. 630. Nothwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available for
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the current fiscal year by this or any other Act shall be available
for the interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National Science
and Technology Council (authorized by Executive Order No. 12881),
which benefit multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall provide
a report describing the budget of and resources connected with
the National Science and Technology Council to the Committees
on Appropriations, the House Committee on Science; and the Senate
Committee on Commerce, Science, and Transportation 90 days after
enactment of this Act.
SEC. 631. Any request for proposals, solicitation, grant applica-
tion, form, notification, press release, or other publications involving
the distribution of Federal funds shall indicate the agency providing
the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: Provided, That this provi-
sion shall apply to direct payments, formula funds, and grants
received by a State receiving Federal funds.
SEC. 632. Subsection (f) of section 403 of Public Law 103–
356 (31 U.S.C. 501 note), as amended, is further amended by
striking ‘‘October 1, 2004’’ and inserting ‘‘October 1, 2005’’.
SEC. 633. (a) PROHIBITION OF FEDERAL AGENCY MONITORING
OF INDIVIDUALS’ INTERNET USE.—None of the funds made available
in this or any other Act may be used by any Federal agency—
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifi-
able information relating to an individual’s access to or use
of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual’s access to or use of any nongovernmental Internet
site.
(b) EXCEPTIONS.—The limitations established in subsection (a)
shall not apply to—
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and
is necessarily incident to the rendition of the Internet site
services or to the protection of the rights or property of the
provider of the Internet site.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘regulatory’’ means agency actions to imple-
ment, interpret or enforce authorities provided in law.
(2) The term ‘‘supervisory’’ means examinations of the
agency’s supervised institutions, including assessing safety and
soundness, overall financial condition, management practices
and policies and compliance with applicable standards as pro-
vided in law.
SEC. 634. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
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providing prescription drug coverage, except where the contract
also includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with—
(1) any of the following religious plans:
(A) Personal Care’s HMO; and
(B) OSF Health Plans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any indi-
vidual to discrimination on the basis that the individual refuses
to prescribe or otherwise provide for contraceptives because such
activities would be contrary to the individual’s religious beliefs
or moral convictions.
(d) Nothing in this section shall be construed to require cov-
erage of abortion or abortion-related services.
SEC. 635. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official anti-
doping agency for Olympic, Pan American, and Paralympic sport
in the United States.
SEC. 636. 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. 637. None of the funds made available under this or
any other Act for fiscal year 2005 and each fiscal year thereafter
shall be expended for the purchase of a product or service offered
by Federal Prison Industries, Inc., unless the agency making such
purchase determines that such offered product or service provides
the best value to the buying agency pursuant to governmentwide
procurement regulations, issued pursuant to section 25(c)(1) of the
Office of Federal Procurement Act (41 U.S.C. 421(c)(1)) that impose
procedures, standards, and limitations of section 2410n of title
10, United States Code.
SEC. 638. 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).
SEC. 639. Each Executive department and agency shall evaluate
the creditworthiness of an individual before issuing the individual
a government purchase charge card or government travel charge
card. The department or agency may not issue a government pur-
chase charge card or government travel charge card to an individual
that either lacks a credit history or is found to have an unsatisfac-
tory credit history as a result of this evaluation: Provided, That
this restriction shall not preclude issuance of a restricted-use
charge, debit, or stored value card made in accordance with agency
procedures to: (1) an individual with an unsatisfactory credit history
where such card is used to pay travel expenses and the agency
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determines there is no suitable alternative payment mechanism
available before issuing the card; or (2) 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. 640. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year
2005 under sections 5303 and 5304 of title 5, United States Code,
shall be an increase of 3.5 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, 2005.
(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 2005 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 2005.
SEC. 641. (a) Not later than 180 days after the end of the
fiscal year, 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.
(d) This section shall not apply to acquisitions made by an
agency, or component thereof, that is an element of the intelligence
community as set forth in or designated under section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).