109th Congress

Appropriations for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and Independent Agencies

P.L. 109-115 (H.R. 3058)

Impact of Public Law

P.L. 109-115, a bill making appropriations for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and independent agencies for the fiscal year ending September 30, 2006, was enacted on November 30, 2005. The law includes general provisions that pertain to all Federal agencies, including the National Institutes of Health (NIH). The following is a summary of provisions included in P.L. 109-115 that are of interest to NIH.

Federal Employee Pay Raise: Section 843 mandates a 3.1-percent salary increase for Federal civilian and military employees for 2006.

Contraception and Abortion Coverage: Section 715 maintains coverage for contraceptives under the Federal Employees Health Benefits Plan (FEHBP) and continues the prohibition on abortion coverage under FEHBP, except in cases of rape or incest or if the life of the mother is in danger (as stated in Section 716).

Competitive Sourcing (A-76): Section 842 stipulates that for any competition involving more than 10 employees, 1) a Most Effective Organization (a revised version of the existing Government organization that creates a level of additional efficiency) must be developed, 2) the private-sector bid must be at least 10 percent below the personnel costs for the Government bid, or $10 million below, whichever is less, and 3) agencies could compete to bring functions in-house from private-sector support in "appropriate instances."

Government Charge Cards: Section 846 continues the prohibition that agencies not issue a Government travel charge card to individuals who have an unsatisfactory credit history.

Drug-Free Workplace: Section 802 continues the requirement that all agencies have a written policy for ensuring a drug-free workplace.

Discrimination-Free Workplace: Section 817 continues the requirement that agencies administer a policy designed to ensure that all workplaces are free from discrimination and sexual harassment.

Honest Use of Official Time: Section 825 continues the requirement that agency employees use official time in an honest effort to perform official duties.

Prohibition of Contributions to Interagency Commissions and Councils: Section 810 continues the agency prohibition of contributing to interagency commissions, councils, or similar groups without statutory authority, except for contributions to the National Science and Technology Council (as specified in Section 829).

Legislative History

On June 24, 2005, Representative Joseph Knollenberg (R-MI), chair of the House Appropriations Subcommittee on Transportation, Treasury and Housing and Urban Development, the Judiciary, District of Columbia, introduced H.R. 3058, a bill making appropriations for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and independent agencies for the fiscal year ending September 30, 2006. On the same day, H. Rept. 109-153 was filed. On June 30, the House passed H.R. 3058, with several amendments, through a roll call vote of 405 to 18. On July 26, the Senate Committee on Appropriations filed S. Rept. 109-109. On October 20, the measure was passed by the Senate by a vote of 93 to 1. H. Conf. Rept. 109-107 was filed on November 18 and was passed by the House by a vote of 392 to 31 and by the Senate by unanimous consent on November 21. The bill was signed by the President on November 30 as P.L. 109-115.

On July 21, 2005, the Senate version of the legislation, S. 1446, was introduced by Senator Sam Brownback (R-KS), and S. Rept. 109-106 was filed. On the same day, the measure was placed on the Senate Legislative Calendar. No further action has occurred on this legislation.