†
227
HR 3058 EAS
Office of Personnel Management from the head of the Fed-
eral department, agency, or other instrumentality employ-
ing 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 intel-
ligence 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 Trans-
portation, the Department of the Treasury, and the
Department of Energy performing intelligence func-
tions; and
†
228
HR 3058 EAS
(7) the Director of National Intelligence or the
Office of the Director of National Intelligence.
SEC. 815. 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 (Public Law 88–352, 78 Stat. 241), as amended, the
Age Discrimination in Employment Act of 1967 (Public
Law 90–202, 81 Stat. 602), and the Rehabilitation Act of
1973 (Public Law 93–112, 87 Stat. 355).
SEC. 816. 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 Gov-
ernment, 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 Con-
gress in connection with any matter pertaining to the
†
229
HR 3058 EAS
employment of such other officer or employee or per-
taining to the department or agency of such other of-
ficer or employee in any way, irrespective of whether
such communication or contact is at the initiative of
such other officer or employee or in response to the re-
quest or inquiry of such Member, committee, or sub-
committee; 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 discrimi-
nates in regard to any employment right, entitlement,
or benefit, or any term or condition of employment of,
any other officer or employee of the Federal Govern-
ment, 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 subcommittee of the Congress as de-
scribed in paragraph (1).
SEC. 817. (a) None of the funds made available in this
or any other Act may be obligated or expended for any em-
ployee training that—
†
230
HR 3058 EAS
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the perform-
ance of official duties;
(2) contains elements likely to induce high levels
of emotional response or psychological stress in some
participants;
(3) does not require prior employee notification
of the content and methods to be used in the training
and written end of course evaluation;
(4) contains any methods or content associated
with religious or quasi-religious belief systems or
‘‘new age’’ belief systems as defined in Equal Employ-
ment Opportunity Commission Notice N–915.022,
dated September 2, 1988; or
(5) is offensive to, or designed to change, partici-
pants’ personal values or lifestyle outside the work-
place.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training
bearing directly upon the performance of official duties.
SEC. 818. No funds appropriated in this or any other
Act may be used to implement or enforce the agreements
in Standard Forms 312 and 4414 of the Government or
any other nondisclosure policy, form, or agreement if such
policy, form, or agreement does not contain the following
†
231
HR 3058 EAS
provisions: ‘‘These restrictions are consistent with and do
not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order
No. 12958; section 7211 of title 5, United States Code (gov-
erning disclosures to Congress); section 1034 of title 10,
United States Code, as amended by the Military Whistle-
blower Protection Act (Public Law 100–456) (governing
disclosure to Congress by members of the military); section
2302(b)(8) of title 5, United States Code, as amended by
the Whistleblower Protection Act (Public Law 101–12) (gov-
erning disclosures of illegality, waste, fraud, abuse or public
health or safety threats); the Intelligence Identities Protec-
tion Act of 1982 (50 U.S.C. 421 et seq.) (governing disclo-
sures that could expose confidential Government agents);
and the statutes which protect against disclosure that may
compromise the national security, including sections 641,
793, 794, 798, and 952 of title 18, United States Code, and
section 4(b) of the Subversive Activities Act of 1950 (50
U.S.C. 783(b)). The definitions, requirements, obligations,
rights, sanctions, and liabilities created by said Executive
order and listed statutes are incorporated into this agree-
ment and are controlling.’’: Provided, That notwith-
standing the preceding paragraph, a nondisclosure policy
form or agreement that is to be executed by a person con-
nected with the conduct of an intelligence or intelligence-
†
232
HR 3058 EAS
related activity, other than an employee or officer of the
United States Government, may contain provisions appro-
priate to the particular activity for which such document
is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified infor-
mation received in the course of such activity unless specifi-
cally authorized to do so by the United States Government.
Such nondisclosure forms shall also make it clear that they
do not bar disclosures to Congress or to an authorized offi-
cial of an executive agency or the Department of Justice
that are essential to reporting a substantial violation of
law.
SEC. 819. No part of any funds appropriated in this
or any other Act shall be used by an agency of the executive
branch, other than for normal and recognized executive-leg-
islative relationships, for publicity or propaganda pur-
poses, and for the preparation, distribution or use of any
kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pend-
ing before the Congress, except in presentation to the Con-
gress itself.
SEC. 820. None of the funds appropriated by this or
any other Act may be used by an agency to provide a Fed-
eral employee’s home address to any labor organization ex-
cept when the employee has authorized such disclosure or
†
233
HR 3058 EAS
when such disclosure has been ordered by a court of com-
petent jurisdiction.
SEC. 821. None of the funds made available in this
Act or any other Act may be used to provide any non-public
information such as mailing or telephone lists to any per-
son or any organization outside of the Federal Government
without the approval of the Committees on Appropriations.
SEC. 822. No part of any appropriation contained in
this or any other Act shall be used for publicity or propa-
ganda purposes within the United States not heretofor au-
thorized by the Congress.
SEC. 823. (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 Account-
ability Office.
(b) Unless authorized in accordance with law or regu-
lations 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 sys-
tem, including a Presidential appointee exempted under
section 6301(2) of title 5, United States Code, has an obliga-
†
234
HR 3058 EAS
tion to expend an honest effort and a reasonable proportion
of such employee’s time in the performance of official duties.
SEC. 824. Notwithstanding 31 U.S.C. 1346 and section
809 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 Im-
provement Program (JFMIP), shall be available to finance
an appropriate share of JFMIP administrative costs, as de-
termined by the JFMIP, but not to exceed a total of
$800,000 including the salary of the Executive Director and
staff support.
SEC. 825. Notwithstanding 31 U.S.C. 1346 and section
810 of this Act, the head of each Executive department and
agency is hereby authorized to transfer to or reimburse
‘‘General Services Administration, Government-wide Pol-
icy’’ with the approval of the Director of the Office of Man-
agement 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 Serv-
ices to support Government-wide financial, information
technology, procurement, and other management innova-
tions, initiatives, and activities, as approved by the Direc-
tor of the Office of Management and Budget, in consultation
with the appropriate interagency groups designated by the
†
235
HR 3058 EAS
Director (including the Chief Financial Officers Council
and the Joint Financial Management Improvement Pro-
gram for financial management initiatives, the Chief Infor-
mation 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 re-
imbursed shall not exceed $17,000,000. Such transfers or
reimbursements may only be made 15 days following notifi-
cation of the Committees on Appropriations by the Director
of the Office of Management and Budget.
SEC. 826. 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 loca-
tion.
SEC. 827. Nothwithstanding 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 specific
projects, workshops, studies, and similar efforts to carry out
the purposes of the National Science and Technology Coun-
cil (authorized by Executive Order No. 12881), which ben-
efit multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall
†
236
HR 3058 EAS
provide a report describing the budget of and resources con-
nected 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. 828. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publi-
cations involving the distribution of Federal funds shall in-
dicate the agency providing the funds, the Catalog of Fed-
eral Domestic Assistance Number, as applicable, and the
amount provided: Provided, That this provision shall apply
to direct payments, formula funds, and grants received by
a State receiving Federal funds.
SEC. 829. 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, 2005’’ and inserting ‘‘Oc-
tober 1, 2006’’: Provided, That this provision shall not
apply to the Department of Homeland Security.
SEC. 830. (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
†
237
HR 3058 EAS
personally identifiable information relating to an in-
dividual’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 col-
lect, review, or obtain any aggregation of data, de-
rived 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 sub-
section (a) shall not apply to—
(1) any record of aggregate data that does not
identify particular persons;
(2) any voluntary submission of personally iden-
tifiable information;
(3) any action taken for law enforcement, regu-
latory, 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 pro-
viding the Internet site services or to protecting the
rights or property of the provider of the Internet site.
(c) DEFINITIONS.—For the purposes of this section:
†
238
HR 3058 EAS
(1) The term ‘‘regulatory’’ means agency actions
to implement, interpret or enforce authorities pro-
vided in law.
(2) The term ‘‘supervisory’’ means examinations
of the agency’s supervised institutions, including as-
sessing safety and soundness, overall financial condi-
tion, management practices and policies and compli-
ance with applicable standards as provided in law.
SEC. 831. (a) None of the funds appropriated by this
Act may be used to enter into or renew a contract which
includes a provision providing prescription drug coverage,
except where the contract also includes a provision for con-
traceptive 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 HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for
the plan objects to such coverage on the basis of reli-
gious beliefs.
(c) In implementing this section, any plan that enters
into or renews a contract under this section may not subject
any individual to discrimination on the basis that the indi-
vidual refuses to prescribe or otherwise provide for contra-
†
239
HR 3058 EAS
ceptives because such activities would be contrary to the in-
dividual’s religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
SEC. 832. The Congress of the United States recognizes
the United States Anti-Doping Agency (USADA) as the of-
ficial anti-doping agency for Olympic, Pan American, and
Paralympic sport in the United States.
SEC. 833. Notwithstanding any other provision of law,
funds appropriated for official travel by Federal depart-
ments 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 Govern-
ment personnel, to participate in the fractional aircraft
ownership pilot program.
SEC. 834. 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 Fellowship Program, or to im-
plement 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, pub-
lished in the Federal Register, volume 68, number 174, on
†
240
HR 3058 EAS
September 9, 2003 (relating to the detail of executive branch
employees to the legislative branch).
SEC. 835. 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 agen-
cy may not issue a government purchase charge card or
government travel charge card to an individual that either
lacks a credit history or is found to have an unsatisfactory
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 unsat-
isfactory credit history where such card is used to pay trav-
el expenses and the agency 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 establish 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 appro-
priate disciplinary actions for use of charge cards for pur-
poses, and at establishments, that are inconsistent with the
official business of the Department or agency or with appli-
cable standards of conduct.
†
241
HR 3058 EAS
SEC. 836. (a) The adjustment in rates of basic pay
for employees under the statutory pay systems that takes
effect in fiscal year 2006 under sections 5303 and 5304 of
title 5, United States Code, shall be an increase of 3.1 per-
cent, and this adjustment shall apply to civilian employees
in the Department of Defense and the Department of Home-
land Security and such adjustments shall be effective as of
the first day of the first applicable pay period beginning
on or after January 1, 2006.
(b) Notwithstanding section 812 of this Act, the adjust-
ment in rates of basic pay for the statutory pay systems
that take place in fiscal year 2006 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 in-
creased 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 de-
†
242
HR 3058 EAS
partment or agency for salaries and expenses for fiscal year
2006.
SEC. 837. (a) Not later than 180 days after the end
of the fiscal year, the head of each Federal agency shall sub-
mit a report to Congress on the amount of the acquisitions
made by the agency from entities that manufacture the arti-
cles, materials, or supplies outside of the United States in
that fiscal year.
(b) The report required by subsection (a) shall sepa-
rately 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 re-
port under subsection (a) shall make the report publicly
available to the maximum extent practicable.
(d) This section shall not apply to acquisitions made
by an agency, or component thereof, that is an element of
†
243
HR 3058 EAS
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)).
SEC. 838. Notwithstanding any other provision of law,
no executive branch agency shall purchase, construct, and/
or lease any additional facilities, except within or contig-
uous to existing locations, to be used for the purpose of con-
ducting Federal law enforcement training without the ad-
vance approval of the Committees on Appropriations, ex-
cept that the Federal Law Enforcement Training Center is
authorized to obtain the temporary use of additional facili-
ties by lease, contract, or other agreement for training
which cannot be accommodated in existing Center facilities.
SEC. 839. Notwithstanding section 1346 of title 31,
United States Code, and section 809 of this Act and any
other provision of law, the head of each appropriate execu-
tive department and agency shall transfer to or reimburse
the Federal Aviation Administration, upon the direction of
the Director of the Office of Management and Budget, funds
made available by this or any other Act for the purposes
described below, and shall submit budget requests for such
purposes. These funds shall be administered by the Federal
Aviation Administration, in consultation with the appro-
priate interagency groups designated by the Director and
shall be used to ensure the uninterrupted, continuous oper-
†
244
HR 3058 EAS
ation of the Midway Atoll Airfield by the Federal Aviation
Administration pursuant to an operational agreement with
the Department of the Interior for the entirety of fiscal year
2006 and any period thereafter that precedes the enactment
of the Transportation, Treasury, the Judiciary, Housing
and Urban Development, and Related Agencies Appropria-
tions Act, 2007. The Director of the Office of Management
and Budget shall mandate the necessary transfers after de-
termining an equitable allocation between the appropriate
executive departments and agencies of the responsibility for
funding the continuous operation of the Midway Atoll Air-
field based on, but not limited to, potential use, interest in
maintaining aviation safety, and applicability to govern-
mental operations and agency mission. The total funds
transferred or reimbursed shall not exceed $10,000,000 for
any twelve-month period. Such sums shall be sufficient to
ensure continued operation of the airfield throughout the
period cited above. Funds shall be available for operation
of the airfield or airfield-related capital upgrades, includ-
ing the replacement of the fuel farm facility. The Director
of the Office of Management and Budget shall notify the
Committees on Appropriations of such transfers or reim-
bursements within 15 days of this Act. Such transfers or
reimbursements shall begin within 30 days of enactment of
this Act.