118 STAT. 3100 PUBLIC LAW 108–447—DEC. 8, 2004 for fiscal year 2005, not more than the maximum amount specified in paragraph (2) may be used by the Secretary of Energy or the Secretary of the Interior to initiate or continue competitive sourcing studies in fiscal year 2005 for programs, projects, and activities for which funds are appropriated by this Act until such time as the Secretary concerned submits a reprogramming proposal to the Committees on Appropriations of the Senate and the House of Representatives, and such proposal has been processed consistent with the reprogramming guidelines in House Report 108–330. (2) For the purposes of paragraph (1) the maximum amount— (A) with respect to the Department of Energy is $500,000; and (B) with respect to the Department of the Interior is $3,250,000. (3) Of the funds appropriated by this Act, not more than $2,000,000 may be used in fiscal year 2005 for competitive sourcing studies and related activities by the Forest Service. (b) COMPETITIVE SOURCING STUDY DEFINED.—In this section, the term ‘‘competitive sourcing study’’ means a study on subjecting work performed by Federal Government employees or private con tractors to public private competition or on converting the Federal Government employees or the work performed by such employees to private contractor performance under the Office of Management and Budget Circular A–76 or any other administrative regulation, directive, or policy. (c) Section 340(b) of Public Law 108–108 is hereby repealed. (d) COMPETITIVE SOURCING EXEMPTION FOR FOREST SERVICE STUDIES CONDUCTED PRIOR TO FISCAL YEAR 2005.—Notwith standing requirements of Office of Management and Budget Cir cular A–76, Attachment B, the Forest Service is hereby exempted from implementing the Letter of Obligation and post competition accountability guidelines where a competitive sourcing study involved 65 or fewer full time equivalents, the performance decision was made in favor of the agency provider; no net savings was achieved by conducting the study, and the study was completed prior to the date of this Act. (e) In preparing any reports to the Committees on Appropria tions on competitive sourcing activities, agencies funded in this Act shall include the incremental cost directly attrib utable to con ducting the competitive sourcing competitions, including costs attributable to paying outside consultants and contractors and, in accordance with full cost accounting principles, all costs attrib utable to developing, implementing, supporting, managing, moni toring, and reporting on competitive sourcing, including personnel, consultant, travel, and training costs associated with program management. SEC. 333. Estimated overhead charges, deductions, reserves or holdbacks from programs, projects and activities to support governmentwide, departmental, agency or bureau administrative functions or headquarters, regional or central office operations shall be presented in annual budget justifications. Changes to such esti mates shall be presented to the Committees on Appropriations for approval. 31 USC 501 note.
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