H. R. 3058—97
available for obligation or expenditure in fiscal year 2006, or pro-
vided from any accounts in the Treasury derived by the collection 
of fees and available to the agencies funded by this Act, shall 
be available for obligation or expenditure through a reprogramming 
of funds that: (1) creates a new program; (2) eliminates a program, 
project, or activity; (3) increases funds or personnel for any program, 
project, or activity for which funds have been denied or restricted 
by the Congress; (4) proposes to use funds directed for a specific 
activity by either the House or Senate Committees on Appropria-
tions for a different purpose; (5) augments existing programs, 
projects, or activities in excess of $5,000,000 or 10 percent, which-
ever is less; (6) reduces existing programs, projects, or activities 
by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorga-
nizes, or restructures a branch, division, office, bureau, board, 
commission, agency, administration, or department different from 
the budget justifications submitted to the Committees on Appropria-
tions or the table accompanying the statement of the managers 
accompanying this Act, whichever is more detailed, unless prior 
approval is received from the House and Senate Committees on 
Appropriations: Provided, That not later than 60 days after the 
date of enactment of this Act, each agency funded by this Act 
shall submit a report to the Committees on Appropriations of the 
Senate and of the House of Representatives to establish the baseline 
for application of reprogramming and transfer authorities for the 
current fiscal year: Provided further, That the report shall include: 
(1) a table for each appropriation with a separate column to display 
the President’s budget request, adjustments made by Congress, 
adjustments due to enacted 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 sala-
ries and expenses for an agency shall be reduced by $100,000 
per day for each day after the required date that the report has 
not been submitted to the Congress. 
SEC. 711. Except as otherwise specifically provided by law, 
not to exceed 50 percent of unobligated balances remaining available 
at the end of fiscal year 2006 from appropriations 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 
requests shall be made in compliance with reprogramming guide-
lines. 
SEC. 712. None of the funds made available in this Act may 
be used by the Executive Office of the President to request from 
the Federal Bureau of Investigation any official background inves-
tigation report on any individual, except when—
(1) such individual has given his or her express written 
consent for such request not more than 6 months prior to 
the date of such request and during the same presidential 
administration; or 
(2) such request is required due to extraordinary cir-
cumstances involving national security.
H. R. 3058—98
SEC. 713. 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. 714. For the purpose of resolving litigation and imple-
menting any settlement agreements regarding the nonforeign area 
cost-of-living allowance program, the Office of Personnel Manage-
ment may accept and utilize (without regard to any restriction 
on unanticipated travel expenses imposed in an Appropriations 
Act) funds made available to the Office pursuant to court approval. 
SEC. 715. No funds appropriated by this Act shall be available 
to pay for an abortion, or the administrative expenses in connection 
with any health plan under the Federal employees health benefits 
program which provides any benefits or coverage for abortions. 
SEC. 716. The provision of section 715 shall not apply where 
the life of the mother would be endangered if the fetus were carried 
to term, or the pregnancy is the result of an act of rape or incest. 
SEC. 717. In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in the Buy American 
Act (41 U.S.C. 10a et seq.), shall not apply to the acquisition 
by the Federal Government of information technology (as defined 
in section 11101 of title 40, United States Code), that is a commer-
cial item (as defined in section 4(12) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403(12)). 
SEC. 718. None of the funds made available in the Act may 
be used to finalize, implement, administer, or enforce—
(1) the proposed rule relating to the determination that 
real estate brokerage is an activity that is financial in nature 
or incidental to a financial activity published in the Federal 
Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or 
(2) the revision proposed in such rule to section 1501.2 
of title 12 of the Code of Federal Regulations. 
SEC. 719. All Federal agencies and departments that are funded 
under this Act shall issue a report to the House and Senate Commit-
tees on Appropriations on all sole source contracts by no later 
than July 31, 2006. Such report shall include the contractor, the 
amount of the contract and the rationale for using a sole source 
contract. 
SEC. 720. The Secretary of the Treasury may transfer funds 
from amounts appropriated under title II of this Act for any costs 
necessary to pay for both career and non-career senior Treasury 
officials and support staff in locations of economic strategic interest 
throughout the world. Such positions would be used to advocate 
positions of interest to the United States Government, including 
open and fair financial markets, consistent with the Secretary’s 
obligation under the Gold Reserve Act of 1934 (48 Stat. 337) to 
promote 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. 721. Section 640(c) of the Treasury and General Govern-
ment Appropriations Act, 2000 (Public Law 106–58; 2 U.S.C. 437g 
note), as amended by section 642 of the Treasury and General 
Government Appropriations Act, 2002 (Public Law 107–67) and 
by section 639 of the Transportation, Treasury, and Independent
H. R. 3058—99
Agencies Appropriations Act, 2004 (Public Law 108–199), is 
amended by striking ‘‘December 31, 2005’’ and inserting ‘‘December 
31, 2008’’. 
SEC. 722. The Secretary of the Treasury may make payments 
from the Treasury Forfeiture Fund to reimburse the United States 
Secret Service for costs of protecting the Secretary of the Treasury: 
Provided, That the United States Secret Service shall provide the 
Department of the Treasury with a detailed, itemized list of 
expenses associated with such protection: Provided further, That 
the Comptroller General shall review all expenditures related to 
such protection and shall determine if each expense is a reasonable 
and unavoidable cost of this protection: Provided further, That 
all such reimbursable expenses shall be subject to a memorandum 
of understanding between the Department of the Treasury and 
the United States Secret Service. 
SEC. 723. 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. 724. (a) IN GENERAL.—None of the funds appropriated 
or otherwise made available by this Act may be used for any 
Federal Government contract with any foreign incorporated entity 
which is treated as an inverted domestic corporation under section 
835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) 
or any subsidiary of such an entity. 
(b) WAIVERS.— 
(1) IN GENERAL.—Any Secretary shall waive subsection (a) 
with respect to any Federal Government contract under the 
authority of such Secretary if the Secretary determines that 
the waiver is required in the interest of national security. 
(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver 
under paragraph (1) shall report such issuance to Congress. 
(c) EXCEPTION.—This section shall not apply to any Federal 
Government contract entered into before the date of the enactment 
of this Act, or to any task order issued pursuant to such contract. 
SEC. 725. From funds made available in this Act under the 
headings ‘‘White House Office’’, ‘‘Executive Residence at the White 
House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Eco-
nomic Advisors’’, ‘‘National Security Council’’, ‘‘Office of Administra-
tion’’, ‘‘Office of Policy Development’’, ‘‘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 Committees on 
Appropriations, transfer not to exceed 10 percent of any such appro-
priation 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 transferred: 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 trans-
ferred from ‘‘Special Assistance to the President’’ or ‘‘Official Resi-
dence of the Vice President’’ without the approval of the Vice 
President. 
SEC. 726. No funds in this Act may be used to support any 
Federal, State, or local projects that seek to use the power of 
eminent domain, unless eminent domain is employed only for a 
public use: Provided, That for purposes of this section, public use
H. R. 3058—100
shall not be construed to include economic development that pri-
marily benefits private entities: Provided further, That any use 
of funds for mass transit, railroad, airport, seaport or highway 
projects as well as utility projects which benefit or serve the general 
public (including energy-related, communication-related, water-
related and wastewater-related infrastructure), other structures 
designated for use by the general public or which have other 
common-carrier or public-utility functions that serve the general 
public and are subject to regulation and oversight by the govern-
ment, and projects for the removal of an immediate threat to 
public health and safety or brownsfield as defined in the Small 
Business Liability Relief and Brownsfield Revitalization Act (Public 
Law 107–118) shall be considered a public use for purposes of 
eminent domain: Provided further, That the Government Account-
ability Office, in consultation with the National Academy of Public 
Administration, organizations representing State and local govern-
ments, and property rights organizations, shall conduct a study 
to be submitted to the Congress within 12 months of the enactment 
of this Act on the nationwide use of eminent domain, including 
the procedures used and the results accomplished on a state-by-
state basis as well as the impact on individual property owners 
and on the affected communities. 
TITLE VIII 
GENERAL PROVISIONS GOVERNMENT-WIDE 
DEPARTMENTS, AGENCIES, AND CORPORATIONS 
SEC. 801. Funds appropriated in this or any other Act may 
be used to pay travel to the United States for the immediate 
family of employees serving abroad in cases of death or life threat-
ening illness of said employee. 
SEC. 802. No department, agency, or instrumentality of the 
United States receiving appropriated funds under 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 administer 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. 803. Unless otherwise specifically provided, the maximum 
amount allowable during the current fiscal year in accordance with 
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the 
purchase of any passenger motor vehicle (exclusive of buses, ambu-
lances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $8,100 except station wagons for which the max-
imum shall be $9,100: Provided, That these limits may be exceeded 
by not to exceed $3,700 for police-type vehicles, and by not to 
exceed $4,000 for special heavy-duty vehicles: Provided further, 
That the limits set forth in this section may not be exceeded 
by more than 5 percent for electric or hybrid vehicles purchased 
for demonstration under the provisions of the Electric and Hybrid 
Vehicle Research, Development, and Demonstration Act of 1976: 
Provided further, That the limits set forth in this section may