H. R. 3058—109
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. 834. 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. 835. 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. 836. 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. 837. (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)). 
SEC. 838. Notwithstanding any other provision of law, no execu-
tive branch agency shall purchase, construct, and/or lease any addi-
tional facilities, except within or contiguous to existing locations, 
to be used for the purpose of conducting Federal law enforcement 
training without the advance approval of the Committees on Appro-
priations, except that the Federal Law Enforcement Training Center 
is authorized to obtain the temporary use of additional facilities 
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
H. R. 3058—110
of law, the head of each appropriate executive department and 
agency shall transfer to or reimburse the Federal Aviation Adminis-
tration, upon the direction of the Director of the Office of Manage-
ment 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 appropriate inter-
agency groups designated by the Director and shall be used to 
ensure the uninterrupted, continuous operation 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 
Appropriations Act, 2007. The Director of the Office of Management 
and Budget shall mandate the necessary transfers after determining 
an equitable allocation between the appropriate executive depart-
ments and agencies of the responsibility for funding the continuous 
operation of the Midway Atoll Airfield based on, but not limited 
to, potential use, interest in maintaining aviation safety, and 
applicability to governmental operations and agency mission. The 
total funds transferred or reimbursed shall not exceed $6,000,000 
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. The Director of the Office of 
Management and Budget shall notify the Committees on Appropria-
tions of such transfers or reimbursements within 15 days of this 
Act. Such transfers or reimbursements shall begin within 30 days 
of enactment of this Act. 
SEC. 840. Section 4(b) of the Federal Activities Inventory 
Reform Act of 1998 (Public Law 105–270) is amended by adding 
at the end the following new paragraph: 
‘‘(5) Executive agencies with fewer than 100 full-time 
employees as of the first day of the fiscal year. However, such 
an agency shall be subject to section 2 to the extent it plans 
to conduct a public-private competition for the performance 
of an activity that is not inherently governmental.’’. 
SEC. 841. (a) No funds shall be available for transfers or 
reimbursements to the E-Government Initiatives sponsored by the 
Office of Management and Budget (OMB) prior to 15 days following 
submission of a report to the Committees on Appropriations by 
the Director of the Office of Management and Budget and receipt 
of approval to transfer funds by the House and Senate Committees 
on Appropriations. 
(b) The report in (a) shall detail—
(1) the amount proposed for transfer for any department 
and agency by program office, bureau, or activity, as appro-
priate; 
(2) the specific use of funds; 
(3) the relevance of that use to that department or agency 
and each bureau or office within, which is contributing funds; 
and 
(4) a description on any such activities for which funds 
were appropriated that will not be implemented or partially 
implemented by the department or agency as a result of the 
transfer.
H. R. 3058—111
SEC. 842. (a) REQUIREMENT
FOR PUBLIC-PRIVATE COMPETI-
TION.— 
(1) Notwithstanding any other provision of law, none of 
the funds appropriated by this or any other Act shall be avail-
able to convert to contractor performance an activity or function 
of an executive agency, that on or after the date of enactment 
of this Act, is performed by more than 10 Federal employees 
unless—
(A) the conversion is based on the result of a public-
private competition that includes a most efficient and cost 
effective organization plan developed by such activity or 
function; and 
(B) the Competitive Sourcing Official determines that, 
over all performance periods stated in the solicitation of 
offers for performance of the activity or function, the cost 
of performance of the activity or function by a contractor 
would be less costly to the executive agency by an amount 
that equals or exceeds the lesser of—
(i) 10 percent of the most efficient organization’s 
personnel-related costs for performance of that activity 
or function by Federal employees; or 
(ii) $10,000,000. 
(2) This paragraph shall not apply to—
(A) the Department of Defense; 
(B) section 44920 of title 49, United States Code; 
(C) a commercial or industrial type function that—
(i) is included on the procurement list established 
pursuant to section 2 of the Javits-Wagner-O’Day Act 
(41 U.S.C. 47); or 
(ii) is planned to be converted to performance by 
a qualified nonprofit agency for the blind or by a quali-
fied nonprofit agency for other severely handicapped 
individuals in accordance with that Act; 
(D) depot contracts or contracts for depot maintenance 
as provided in sections 2469 and 2474 of title 10, United 
States Code; or 
(E) activities that are the subject of an ongoing com-
petition that was publicly announced prior to the date 
of enactment of this Act. 
(b) USE OF PUBLIC-PRIVATE COMPETITION.—Nothing in Office 
of Management and Budget Circular A–76 shall prevent the head 
of an executive agency from conducting a public-private competition 
to evaluate the benefits of converting work from contract perform-
ance to performance by Federal employees in appropriate instances. 
The Circular shall provide procedures and policies for these competi-
tions that are similar to those applied to competitions that may 
result in the conversion of work from performance by Federal 
employees to performance by a contractor. 
SEC. 843. (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 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, 2006.
H. R. 3058—112
(b) Notwithstanding section 813 of this Act, the adjustment 
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 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 2006. 
SEC. 844. Unless otherwise authorized by existing law, none 
of the funds provided in this Act or any other Act may be used 
by an executive branch agency to produce any prepackaged news 
story intended for broadcast or distribution in the United States, 
unless the story includes a clear notification within the text or 
audio of the prepackaged news story that the prepackaged news 
story was prepared or funded by that executive branch agency. 
SEC. 845. None of the funds made available in this Act may 
be used in contravention of section 552a of title 5, United States 
Code (popularly known as the Privacy Act) or of section 552.224 
of title 48 of the Code of Federal Regulations. 
SEC. 846. Each executive department and agency shall evaluate 
the creditworthiness of an individual before issuing the individual 
a government travel charge card. The department or agency may 
not issue a 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 proce-
dures to: (1) an individual with an unsatisfactory credit history 
where such card is used to pay travel 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 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. 847. Except as expressly provided otherwise, any reference 
to ‘‘this Act’’ contained in this division shall be treated as referring 
only to the provisions of this division. 
This division may be cited as the ‘‘Transportation, Treasury, 
Housing and Urban Development, the Judiciary, and Independent 
Agencies Appropriations Act, 2006’’.