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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2989 Reported in House (RH)]

                                                 Union Calendar No. 133
108th CONGRESS
  1st Session
                                H. R. 2989

                          [Report No. 108-243]

    Making appropriations for the Departments of Transportation and 
Treasury, and independent agencies for the fiscal year ending September 
                   30, 2004, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2003

    Mr. Istook, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
    Making appropriations for the Departments of Transportation and 
Treasury, and independent agencies for the fiscal year ending September 
                   30, 2004, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Transportation and Treasury and 
independent agencies for the fiscal year ending September 30, 2004, and 
for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        OFFICE OF THE SECRETARY

                         Salaries and Expenses

    For necessary expenses of the Office of the Secretary, $93,577,000, 
of which not to exceed $2,212,000 shall be available for the immediate 
Office of the Secretary; not to exceed $841,000 shall be available for 
the immediate Office of the Deputy Secretary; not to exceed $15,560,000 
shall be available for the Office of the General Counsel; not to exceed 
$12,717,000 shall be available for the Office of the Under Secretary of 
Transportation for Policy; not to exceed $8,630,000 shall be available 
for the Office of the Assistant Secretary for Budget and Programs; not 
to exceed $2,518,000 shall be available for the Office of the Assistant 
Secretary for Governmental Affairs; not to exceed $28,882,000 shall be 
available for the Office of the Assistant Secretary for Administration; 
not to exceed $1,982,000 shall be available for the Office of Public 
Affairs; not to exceed $1,447,000 shall be available for the Office of 
the Executive Secretariat; not to exceed $730,000 shall be available 
for the Board of Contract Appeals; not to exceed $1,268,000 shall be 
available for the Office of Small and Disadvantaged Business 
Utilization; not to exceed $16,565,000 shall be available for the 
Office of the Chief Information Officer; and not to exceed $225,000 
shall be available for the Office of Intelligence and Security: 
Provided, That the Secretary of Transportation is authorized to 
transfer funds appropriated for any office of the Office of the 
Secretary to any other office of the Office of the Secretary: Provided 
further, That no appropriation for any office shall be increased or 
decreased by more than 5 percent by all such transfers: Provided 
further, That any change in funding greater than 5 percent shall be 
submitted for approval to the House and Senate Committees on 
Appropriations: Provided further, That not to exceed $60,000 shall be 
for allocation within the Department for official reception and 
representation expenses as the Secretary may determine: Provided 
further, That notwithstanding any other provision of law, excluding 
fees authorized in Public Law 107-71, there may be credited to this 
appropriation up to $2,500,000 in funds received in user fees: Provided 
further, That none of the funds provided in this Act shall be available 
for the position of Assistant Secretary for Public Affairs.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $8,569,000.

           Transportation Planning, Research, and Development

    For necessary expenses for conducting transportation planning, 
research, systems development, development activities, and making 
grants, to remain available until expended, $8,336,000.

                          Working Capital Fund

    Necessary expenses for operating costs and capital outlays of the 
Working Capital Fund, not to exceed $116,715,000, shall be paid from 
appropriations made available to the Department of Transportation: 
Provided, That such services shall be provided on a competitive basis 
to entities within the Department of Transportation: Provided further, 
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act 
to an agency of the Department shall be transferred to the Working 
Capital Fund without the approval of the agency modal administrator: 
Provided further, That no assessments may be levied against any 
program, budget activity, subactivity or project funded by this Act 
unless notice of such assessments and the basis therefor are presented 
to the House and Senate Committees on Appropriations and are approved 
by such Committees.

               Minority Business Resource Center Program

    For the cost of guaranteed loans, $500,000, as authorized by 49 
U.S.C. 332: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $18,367,000. In addition, for administrative expenses to 
carry out the guaranteed loan program, $400,000.

                       Minority Business Outreach

    For necessary expenses of Minority Business Resource Center 
outreach activities, $3,000,000, to remain available until September 
30, 2005: Provided, That notwithstanding 49 U.S.C. 332, these funds may 
be used for business opportunities related to any mode of 
transportation.

                       New Headquarters Building

    For necessary expenses of the Department of Transportation's new 
headquarters building and related services, $45,000,000, to remain 
available until expended.

                    FEDERAL AVIATION ADMINISTRATION

                               Operations

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities, 
the operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold to the 
public, lease or purchase of passenger motor vehicles for replacement 
only, in addition to amounts made available by Public Law 104-264, 
$7,532,000,000, of which $6,000,000,000 shall be derived from the 
Airport and Airway Trust Fund, of which not to exceed $6,076,724,000 
shall be available for air traffic services program activities; not to 
exceed $870,505,000 shall be available for aviation regulation and 
certification program activities; not to exceed $218,481,000 shall be 
available for research and acquisition program activities; not to 
exceed $11,776,000 shall be available for commercial space 
transportation program activities; not to exceed $49,783,000 shall be 
available for financial services program activities; not to exceed 
$75,367,000 shall be available for human resources program activities; 
not to exceed $87,749,000 shall be available for regional coordination 
program activities; not to exceed $140,429,000 shall be available for 
staff offices; and not to exceed $29,681,000 shall be available for 
information services: Provided, That none of the funds in this Act 
shall be available for the Federal Aviation Administration to finalize 
or implement any regulation that would promulgate new aviation user 
fees not specifically authorized by law after the date of the enactment 
of this Act: Provided further, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
foreign authorities, other public authorities, and private sources, for 
expenses incurred in the provision of agency services, including 
receipts for the maintenance and operation of air navigation 
facilities, and for issuance, renewal or modification of certificates, 
including airman, aircraft, and repair station certificates, or for 
tests related thereto, or for processing major repair or alteration 
forms: Provided further, That of the funds appropriated under this 
heading, not less than $7,500,000 shall be for the contract tower cost-
sharing program: Provided further, That funds may be used to enter into 
a grant agreement with a nonprofit standard-setting organization to 
assist in the development of aviation safety standards: Provided 
further, That none of the funds in this Act shall be available for new 
applicants for the second career training program: Provided further, 
That none of the funds in this Act shall be available for paying 
premium pay under 5 U.S.C. 5546(a) to any Federal Aviation 
Administration employee unless such employee actually performed work 
during the time corresponding to such premium pay: Provided further, 
That none of the funds in this Act may be obligated or expended to 
operate a manned auxiliary flight service station in the contiguous 
United States: Provided further, That none of the funds in this Act for 
aeronautical charting and cartography are available for activities 
conducted by, or coordinated through, the Working Capital Fund: 
Provided further, That of the amount appropriated under this heading, 
not to exceed $50,000 may be transferred to the Aircraft Loan Purchase 
Guarantee Program: Provided further, That not later than March 1, 2004, 
the Secretary of Transportation, in consultation with the Administrator 
of the Federal Aviation Administration, shall issue final regulations, 
pursuant to 5 U.S.C. 8335, establishing an exemption process allowing 
individual air traffic controllers to delay mandatory retirement until 
the employee reaches no later than 61 years of age: Provided further, 
That of the funds provided under this heading, $4,000,000 is available 
only for recruitment, personnel compensation and benefits, and related 
costs to raise the level of operational air traffic control supervisors 
to the level of 1,726: Provided further, That none of the funds in this 
Act may be obligated or expended to execute or continue to implement a 
memorandum of understanding or memorandum of agreement (or any 
revisions thereto) with representatives of any FAA bargaining unit 
unless such document is filed in a central registry and catalogued in 
an automated, searchable database under the executive direction of 
appropriate management representatives at FAA headquarters: Provided 
further, That none of the funds in this Act may be obligated or 
expended for an employee of the Federal Aviation Administration to 
purchase a store gift card or gift certificate through use of a 
government-issued credit card.

                        Payments to Air Carriers

                    (airport and airway trust fund)

    For necessary expenses to carry out the essential air service 
program pursuant to 49 U.S.C. 41742(a), $63,000,000, to be derived from 
the airport and airway trust fund and to be available until expended.

                        Facilities and Equipment

                    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for 
acquisition, establishment, technical support services, improvement by 
contract or purchase, and hire of air navigation and experimental 
facilities and equipment, as authorized under part A of subtitle VII of 
title 49, United States Code, including initial acquisition of 
necessary sites by lease or grant; engineering and service testing, 
including construction of test facilities and acquisition of necessary 
sites by lease or grant; construction and furnishing of quarters and 
related accommodations for officers and employees of the Federal 
Aviation Administration stationed at remote localities where such 
accommodations are not available; and the purchase, lease, or transfer 
of aircraft from funds available under this heading; to be derived from 
the Airport and Airway Trust Fund, $2,900,000,000, of which 
$2,479,158,800 shall remain available until September 30, 2006, and of 
which $420,841,200 shall remain available until September 30, 2004: 
Provided, That there may be credited to this appropriation funds 
received from States, counties, municipalities, other public 
authorities, and private sources, for expenses incurred in the 
establishment and modernization of air navigation facilities: Provided 
further, That upon initial submission to the Congress of the fiscal 
year 2005 President's budget, the Secretary of Transportation shall 
transmit to the Congress a comprehensive capital investment plan for 
the Federal Aviation Administration which includes funding for each 
budget line item for fiscal years 2005 through 2009, with total funding 
for each year of the plan constrained to the funding targets for those 
years as estimated and approved by the Office of Management and Budget: 
Provided further, That of the funds provided for ``In-plant NAS 
contract support services'', $7,000,000 is only for contract audit 
services provided by the Defense Contract Audit Agency: Provided 
further, That of the funds provided under this heading, $20,000,000 is 
available only for the Houston Area Air Traffic System: Provided 
further, That none of the funds in this Act may be obligated or 
expended to implement section 106 of H.R. 2115, as passed the House of 
Representatives on June 12, 2003.

                 Research, Engineering, and Development

                    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for research, 
engineering, and development, as authorized under part A of subtitle 
VII of title 49, United States Code, including construction of 
experimental facilities and acquisition of necessary sites by lease or 
grant, $108,000,000, to be derived from the Airport and Airway Trust 
Fund and to remain available until September 30, 2006: Provided, That 
there may be credited to this appropriation funds received from States, 
counties, municipalities, other public authorities, and private 
sources, for expenses incurred for research, engineering, and 
development.

                       Grants-in-Aid for Airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

    For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and noise compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing such obligations; for procurement, installation, and 
commissioning of runway incursion prevention devices and systems at 
airports of such title; for implementation of section 203 of Public Law 
106-181; and for inspection activities and administration of airport 
safety programs, including those related to airport operating 
certificates under 49 U.S.C. 44706, $3,425,000,000, to be derived from 
the Airport and Airway Trust Fund and to remain available until 
expended: Provided, That none of the funds under this heading shall be 
available for the planning or execution of programs the obligations for 
which are in excess of $3,425,000,000 in fiscal year 2004, 
notwithstanding 49 U.S.C. 47117(g): Provided further, That 
notwithstanding any other provision of law, not more than $64,904,000 
of funds limited under this heading shall be obligated for 
administration and not less than $20,000,000 shall be for the Small 
Community Air Service Development Pilot Program.

          General Provisions--Federal Aviation Administration

    Sec. 101. Notwithstanding any other provision of law, airports may 
transfer, without consideration, to the Federal Aviation Administration 
(FAA) instrument landing systems (along with associated approach 
lighting equipment and runway visual range equipment) which conform to 
FAA design and performance specifications, the purchase of which was 
assisted by a Federal airport-aid program, airport development aid 
program or airport improvement program grant: Provided, That, the 
Federal Aviation Administration shall accept such equipment, which 
shall thereafter be operated and maintained by FAA in accordance with 
agency criteria.
    Sec. 102. None of the funds in this Act may be used to compensate 
in excess of 350 technical staff-years under the federally funded 
research and development center contract between the Federal Aviation 
Administration and the Center for Advanced Aviation Systems Development 
during fiscal year 2004.
    Sec. 103. None of the funds made available in this Act may be used 
for engineering work related to an additional runway at Louis Armstrong 
New Orleans International Airport.
    Sec. 104. None of the funds in this Act shall be used to pursue or 
adopt guidelines or regulations requiring airport sponsors to provide 
to the Federal Aviation Administration without cost building 
construction, maintenance, utilities and expenses, or space in airport 
sponsor-owned buildings for services relating to air traffic control, 
air navigation, or weather reporting: Provided, That the prohibition of 
funds in this section does not apply to negotiations between the agency 
and airport sponsors to achieve agreement on ``below-market'' rates for 
these items or to grant assurances that require airport sponsors to 
provide land without cost to the FAA for air traffic control 
facilities.
    Sec. 105. For an airport project that the Administrator of the 
Federal Aviation Administration (FAA) determines will add critical 
airport capacity to the national air transportation system, the 
Administrator is authorized to accept funds from an airport sponsor, 
including entitlement funds provided under the ``Grants-in-Aid for 
Airports'' program, for the FAA to hire additional staff or obtain the 
services of consultants: Provided, That the Administrator is authorized 
to accept and utilize such funds only for the purpose of facilitating 
the timely processing, review, and completion of environmental 
activities associated with such project.
    Sec. 106. None of the funds appropriated or limited by this Act may 
be used to change weight restrictions or prior permission rules at 
Teterboro Airport in Teterboro, New Jersey.
    Sec. 107. 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.

                     FEDERAL HIGHWAY ADMINISTRATION

                 Limitation on Administrative Expenses

    Necessary expenses for administration and operation of the Federal 
Highway Administration, not to exceed $359,458,000, shall be paid in 
accordance with law from appropriations made available by this Act to 
the Federal Highway Administration together with advances and 
reimbursements received by the Federal Highway Administration.

                          Federal-Aid Highways

                      (limitation on obligations)

                          (highway trust fund)

    None of the funds in this Act shall be available for the 
implementation or execution of programs, the obligations for which are 
in excess of $33,385,000,000 for Federal-aid highways and highway 
safety construction programs for fiscal year 2004: Provided, That 
within the $33,385,000,000 obligation limitation on Federal-aid 
highways and highway safety construction programs, not more than 
$462,500,000 shall be available for the implementation or execution of 
programs for transportation research (sections 502, 503, 504, 506, 507, 
and 508 of title 23, United States Code, as amended; section 5505 of 
title 49, United States Code, as amended; and sections 5112 and 5204-
5209 of Public Law 105-178) for fiscal year 2004: Provided further, 
That this limitation on transportation research programs shall not 
apply to any authority previously made available for obligation.

                          Federal-Aid Highways

                (liquidation of contract authorization)

                          (highway trust fund)

    For carrying out the provisions of title 23, United States Code, 
that are attributable to Federal-aid highways, including the National 
Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not 
otherwise provided, including reimbursement for sums expended pursuant 
to the provisions of 23 U.S.C. 308, $34,000,000,000 or so much thereof 
as may be available in and derived from the Highway Trust Fund, to 
remain available until expended.

                              (rescission)

    Of the unobligated balances of funds apportioned to each state 
under the program authorized under sections 1101(a)(1), 1101(a)(2), and 
1101(a)(3), 1101(a)(4), and 1101(a)(5) of Public Law 105-178, as 
amended, $137,000,000 are rescinded.

                          Federal-Aid Highways

                          (highway trust fund)

    For an additional amount for Federal-aid highways and highway 
safety construction programs pursuant to title 23, United States Code, 
$400,000,000, to be derived from the Highway Trust Fund (other than the 
Mass Transit Account) and to remain available until expended: Provided, 
That amounts under this heading shall be distributed in the same manner 
as if made available under 23 U.S.C. 110: Provided further, That the 
amounts under this heading shall not be subject to, or computed 
against, any obligation limitation or contract authority set forth in 
this Act or any other Act: Provided further, That, before such 
allocation and distribution are made, $133,450,000 shall be retained 
for surface transportation projects.

           General Provisions--Federal Highway Administration

    Sec. 110. (a) For fiscal year 2004, the Secretary of Transportation 
shall--
          (1) not distribute from the obligation limitation for 
        Federal-aid Highways amounts authorized for administrative 
        expenses and programs funded from the administrative takedown 
        authorized by section 104(a)(1)(A) of title 23, United States 
        Code, for the highway use tax evasion program, and for the 
        Bureau of Transportation Statistics;
            (2) not distribute an amount from the obligation limitation 
        for Federal-aid Highways that is equal to the unobligated 
        balance of amounts made available from the Highway Trust Fund 
        (other than the Mass Transit Account) for Federal-aid highways 
        and highway safety programs for the previous fiscal year the 
        funds for which are allocated by the Secretary;
            (3) determine the ratio that--
                    (A) the obligation limitation for Federal-aid 
                Highways less the aggregate of amounts not distributed 
                under paragraphs (1) and (2), bears to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and highway 
                safety construction programs (other than sums 
                authorized to be appropriated for sections set forth in 
                paragraphs (1) through (7) of subsection (b) and sums 
                authorized to be appropriated for section 105 of title 
                23, United States Code, equal to the amount referred to 
                in subsection (b)(8)) for such fiscal year less the 
                aggregate of the amounts not distributed under 
                paragraph (1) of this subsection;
            (4) distribute the obligation limitation for Federal-aid 
        Highways less the aggregate amounts not distributed under 
        paragraphs (1) and (2) for section 201 of the Appalachian 
        Regional Development Act of 1965, and $2,000,000,000 for such 
        fiscal year under section 105 of title 23, United States Code 
        (relating to minimum guarantee) so that the amount of 
        obligation authority available for each of such sections is 
        equal to the amount determined by multiplying the ratio 
        determined under paragraph (3) by the sums authorized to be 
        appropriated for such section (except in the case of section 
        105, $2,000,000,000) for such fiscal year;
            (5) distribute the obligation limitation provided for 
        Federal-aid Highways less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and amounts distributed under 
        paragraph (4) for each of the programs that are allocated by 
        the Secretary under title 23, United States Code (other than 
        activities to which paragraph (1) applies and programs to which 
        paragraph (4) applies) by multiplying the ratio determined 
        under paragraph (3) by the sums authorized to be appropriated 
        for such program for such fiscal year; and
            (6) distribute the obligation limitation provided for 
        Federal-aid Highways less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and amounts distributed under 
        paragraphs (4) and (5) for Federal-aid highways and highway 
        safety construction programs (other than the minimum guarantee 
        program, but only to the extent that amounts apportioned for 
        the minimum guarantee program for such fiscal year exceed 
        $2,639,000,000, and the Appalachian development highway system 
        program) that are apportioned by the Secretary under title 23, 
        United States Code, in the ratio that--
                    (A) sums authorized to be appropriated for such 
                programs that are apportioned to each State for such 
                fiscal year, bear to
                    (B) the total of the sums authorized to be 
                appropriated for such programs that are apportioned to 
                all States for such fiscal year.
    (b) The obligation limitation for Federal-aid Highways shall not 
apply to obligations: (1) under section 125 of title 23, United States 
Code; (2) under section 147 of the Surface Transportation Assistance 
Act of 1978; (3) under section 9 of the Federal-Aid Highway Act of 
1981; (4) under sections 131(b) and 131(j) of the Surface 
Transportation Assistance Act of 1982; (5) under sections 149(b) and 
149(c) of the Surface Transportation and Uniform Relocation Assistance 
Act of 1987; (6) under sections 1103 through 1108 of the Intermodal 
Surface Transportation Efficiency Act of 1991; (7) under section 157 of 
title 23, United States Code, as in effect on the day before the date 
of the enactment of the Transportation Equity Act for the 21st Century; 
and (8) under section 105 of title 23, United States Code (but, only in 
an amount equal to $639,000,000 for such fiscal year).
    (c) Notwithstanding subsection (a), the Secretary shall after 
August 1 for such fiscal year revise a distribution of the obligation 
limitation made available under subsection (a) if a State will not 
obligate the amount distributed during that fiscal year and 
redistribute sufficient amounts to those States able to obligate 
amounts in addition to those previously distributed during that fiscal 
year giving priority to those States having large unobligated balances 
of funds apportioned under sections 104 and 144 of title 23, United 
States Code, section 160 (as in effect on the day before the enactment 
of the Transportation Equity Act for the 21st Century) of title 23, 
United States Code, and under section 1015 of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 1943-1945).
    (d) The obligation limitation shall apply to transportation 
research programs carried out under chapter 5 of title 23, United 
States Code, except that obligation authority made available for such 
programs under such limitation shall remain available for a period of 3 
fiscal years.
    (e) Not later than 30 days after the date of the distribution of 
obligation limitation under subsection (a), the Secretary shall 
distribute to the States any funds: (1) that are authorized to be 
appropriated for such fiscal year for Federal-aid highways programs 
(other than the program under section 160 of title 23, United States 
Code) and for carrying out subchapter I of chapter 311 of title 49, 
United States Code, and highway-related programs under chapter 4 of 
title 23, United States Code; and (2) that the Secretary determines 
will not be allocated to the States, and will not be available for 
obligation, in such fiscal year due to the imposition of any obligation 
limitation for such fiscal year. Such distribution to the States shall 
be made in the same ratio as the distribution of obligation authority 
under subsection (a)(6). The funds so distributed shall be available 
for any purposes described in section 133(b) of title 23, United States 
Code.
    (f) Obligation limitation distributed for a fiscal year under 
subsection (a)(4) of this section for a section set forth in subsection 
(a)(4) shall remain available until used and shall be in addition to 
the amount of any limitation imposed on obligations for Federal-aid 
highway and highway safety construction programs for future fiscal 
years.
    Sec. 111. Notwithstanding any other provision of law, whenever an 
allocation is made of the sums authorized to be appropriated for 
expenditure on the Federal lands highway program, and whenever an 
apportionment is made of the sums authorized to be appropriated for 
expenditure on the surface transportation program, the congestion 
mitigation and air quality improvement program, the National Highway 
System, the Interstate maintenance program, the bridge program, the 
Appalachian development highway system, and the minimum guarantee 
program, the Secretary of Transportation shall deduct a sum in such 
amount not to exceed 1.35 percent of all sums so made available, as the 
Secretary determines necessary to administer the provisions of law to 
be financed from appropriations for the programs authorized under 
chapters 1 and 2 of title 23, United States Code, and to make transfers 
in accordance with section 104(a)(1)(A)(ii) of title 23, United States 
Code: Provided, That any deduction by the Secretary of Transportation 
in accordance with this subsection shall be deemed to be a deduction 
under section 104(a)(1)(A) of title 23, United States Code, and the sum 
so deducted shall remain available until expended.
    Sec. 112. Notwithstanding 31 U.S.C. 3302, funds received by the 
Bureau of Transportation Statistics from the sale of data products, for 
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited 
to the Federal-aid highways account for the purpose of reimbursing the 
Bureau for such expenses: Provided, That such funds shall be subject to 
the obligation limitation for Federal-aid highways and highway safety 
construction.
    Sec. 113. Notwithstanding any other provision of law:
            (1) Section 1105(c) of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (105 Stat. 2032; 112 
        Stat. 191; 115 Stat. 871) is amended--
                    (A) in paragraph (42), by striking ``Fulton, 
                Mississippi,'' the first time that it appears and all 
                that follows to the end of the paragraph and inserting 
                ``Fulton, Mississippi.''; and
                    (B) by adding at the end the following:
            ``(45) The United States Route 78 Corridor from Memphis, 
        Tennessee, to Corridor X of the Appalachian development highway 
        system near Fulton, Mississippi, and Corridor X of the 
        Appalachian development highway system extending from near 
        Fulton, Mississippi, to near Birmingham, Alabama.''.
            (2) Section 1105(e)(5) of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (105 Stat. 2032; 115 
        Stat. 872) is amended--
                    (A) in subparagraph (A) by striking ``(A) In 
                general.--The portions'' and all that follows through 
                the end of the first sentence and inserting:
                    ``(A) In general.--The portions of the routes 
                referred to in subsection (c)(1), subsection (c)(3) 
                (relating solely to the Kentucky Corridor), clauses 
                (i), (ii), and (except with respect to Georgetown 
                County) (iii) of subsection (c)(5)(B), subsection 
                (c)(9), subsections (c)(18) and (c)(20), subsection 
                (c)(36), subsection (c)(37), subsection (c)(40), 
                subsection (c)(42), and subsection (c)(45) that are not 
                a part of the Interstate System are designated as 
                future parts of the Interstate System.''; and
                    (B) by adding the following at the end of 
                subparagraph (B)(i): ``The route referred to in 
                subsection (c)(45) is designated as Interstate Route I-
                22.''.
    Sec. 114. None of the funds limited or made available in this Act 
shall be available to carry out 23 U.S.C. 133(d)(2).
    Sec. 115. Notwithstanding any other provision of law, in section 
1602 of the Transportation Equity Act for the 21st Century--
            (1) item number 230 is amended by striking ``Monroe County 
        transportation improvements on Long Pond Road, Pattonwood Road, 
        and Lyell road'' and inserting ``Route 531/Brockport-Rochester 
        Corridor in Monroe County, New York''.
            (2) Item number 1149 is amended by striking ``Traffic 
        Mitigation Project on William Street and Losson Road in 
        Cheektowaga'' and inserting ``Study and implement mitigation 
        and diversion options for William Street and Broadway Street in 
        Cheektowaga, I-90 Corridor Study; Interchange 53 to Interchange 
        49, PIN 552830 and Cheektowaga Rails to Trails, PIN 575508''.
            (3) Item number 476 is amended by striking ``Expand Perkins 
        Road in Baton Rouge'' and inserting ``Feasibility study, 
        design, and construction of a connector between Louisiana 
        Highway 1026 and I-12 in Livingston Parish''.
            (4) Item 4 of the table contained in section 1602 of the 
        Transportation Equity Act for the 21st Century, relating to 
        construction of a bike path in Michigan, is amended by striking 
        ``between Mount Clemens and New Baltimore'' and inserting ``for 
        the Macomb Orchard Trail in Macomb County''.
    Sec. 116. Intelligent Transportation Systems appropriations made to 
the State of Wisconsin in Public Law 105-277, Public Law 106-69, and 
Public Law 107-87 shall not be subject to the limitations of Public Law 
105-178, sec. 5208(d), 23 U.S.C. sec. 502 (Notes).
    Sec. 117. Notwithstanding Public Law 105-178, sec. 5208(d), 
Intelligent Transportation Systems appropriations for--
            (1) Wausau-Stevens Point-Wisconsin Rapids, Wisconsin, in 
        Public Law 105-277 and Public Law 106-69 shall be available for 
        use in the counties of Ashland, Barron, Bayfield, Burnett, 
        Chippewa, Douglas, Iron, Lincoln, Marathon, Polk, Portage, 
        Price, Rusk, Sawyer, Taylor, Washburn, Wood, Clark, Langlade, 
        and Oneida; and
            (2) the City of Superior and Douglas County, Wisconsin, in 
        Public Law 106-69 shall be available for use in the City of 
        Superior and northern Wisconsin.
    Sec. 118. Notwithstanding any other provision of law, for the 
purpose of assisting in the development, construction and financing of 
additional improvements to the Alameda Corridor, including construction 
of a truck expressway or other enhancements, the Secretary of 
Transportation shall modify the loan agreement entered into with the 
Alameda Corridor Transportation Authority pursuant to Public Law 104-
208 to revise the interest rate to equal the average yield, as of the 
date of modification of the loan agreement, on marketable Treasury 
securities of similar maturity to the expected remaining average life 
of the loan: Provided, That notwithstanding any other provision of law, 
such modification shall be deemed to be eligible under section 184 of 
title 23, United States Code, and shall be funded under section 188 of 
title 23, United States Code: Provided further, That the Secretary may 
revise the interest rate or modify other terms of the existing loan 
agreement to the extent that the marginal budgetary costs, if any, of 
such modifications do not exceed $80,000,000 and are funded under 
section 188 of title 23, United States Code.
    Sec. 119. (a) In General.--As soon as practicable after the date of 
enactment of this Act, the Secretary of Transportation shall enter into 
an agreement with the State of Nevada, the State of Arizona, or both, 
to provide a method of funding for construction of a Hoover Dam Bypass 
Bridge from funds allocated for the Federal Lands Highway Program under 
section 202(b) of title 23, United States Code.
    (b) Methods of Funding.--
            (1) The agreement entered into under subsection (a) shall 
        provide for funding in a manner consistent with the advance 
        construction and debt instrument financing procedures for 
        Federal-aid highways set forth in section 115 and 122 of title 
        23, except that the funding source may include funds made 
        available under the Federal Lands Highway Program.
            (2) Eligibility for funding under this subsection shall not 
        be construed as a commitment, guarantee, or obligation on the 
        part of the United States to provide for payment of principal 
        or interest of an eligible debt financing instrument as so 
        defined in section 122, nor create a right of a third party 
        against the United States for payment under an eligible debt 
        financing instrument. The agreement entered into pursuant to 
        subsection (a) shall make specific reference to this provision 
        of law.
            (3) The provisions of this section do not limit the use of 
        other available funds for which the project referenced in 
        subsection (a) is eligible.

              FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

                          Motor Carrier Safety

                (limitation on administrative expenses)

                          (highway trust fund)

    For necessary expenses for administration of motor carrier safety 
programs and motor carrier safety research, pursuant to section 
104(a)(1)(B) of title 23, United States Code, not to exceed 
$236,753,000 shall be paid in accordance with law from appropriations 
made available by this Act and from any available take-down balances to 
the Federal Motor Carrier Safety Administration, together with advances 
and reimbursements received by the Federal Motor Carrier Safety 
Administration: Provided, That such amounts shall be available to carry 
out the functions and operations of the Federal Motor Carrier Safety 
Administration.

                 National Motor Carrier Safety Program

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    Notwithstanding any other provision of law, for payment of 
obligations incurred in carrying out 49 U.S.C. 31102, 31106 and 31309, 
$190,000,000, to be derived from the Highway Trust Fund and to remain 
available until expended: Provided, That none of the funds in this Act 
shall be available for the implementation or execution of programs the 
obligations for which are in excess of $190,000,000 for ``Motor Carrier 
Safety Grants'' and ``Information Systems''.

                       Border Enforcement Program

                          (highway trust fund)

    For necessary expenses to continue the Border Enforcement Program 
authorized under section 350 of the Department of Transportation and 
Related Agencies Appropriations Act, 2002, $47,000,000, to be derived 
from the Highway Trust Fund (other than the Mass Transit Account) and 
to remain available until expended.

    General Provisions--Federal Motor Carrier Safety Administration

    Sec. 130. Notwithstanding any other provision of law, whenever an 
allocation is made of the sums authorized to be appropriated for 
expenditure on the Federal lands highway program, and whenever an 
apportionment is made of the sums authorized to be appropriated for 
expenditure on the surface transportation program, the congestion 
mitigation and air quality improvement program, the National Highway 
System, the Interstate maintenance program, the bridge program, the 
Appalachian development highway system, and the minimum guarantee 
program, the Secretary of Transportation shall deduct a sum in such 
amount not to exceed .90 percent of all sums so made available, as the 
Secretary determines necessary, to administer the provisions of law to 
be financed from appropriations for motor carrier safety programs and 
motor carrier safety research: Provided, That any deduction by the 
Secretary of Transportation in accordance with this subsection shall be 
deemed to be a deduction under section 104(a)(1)(B) of title 23, United 
States Code, and the sum so deducted shall remain available until 
expended.
    Sec. 131. None of the funds appropriated, limited, or made 
available in this Act shall be used to implement or enforce any 
provision of the Final Rule issued on April 16, 2003 (Docket No. FMCSA-
97-2350) as it applies to operators of utility service vehicles as 
defined in 49 CFR section 395.2.
    Sec. 132. Funds appropriated or limited in this Act shall be 
subject to the terms and conditions stipulated in section 350 of Public 
Law 107-87, including that the Secretary submit a report to the House 
and Senate Appropriations Committees annually on the safety and 
security of transportation into the United States by Mexico-domiciled 
motor carriers.

             NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

                        Operations and Research

    For expenses necessary to discharge the functions of the Secretary, 
with respect to traffic and highway safety under chapter 301 of title 
49, United States Code, and part C of subtitle VI of title 49, United 
States Code, $206,178,000, of which $171,110,000 shall remain available 
until September 30, 2006: Provided, That none of the funds appropriated 
by this Act may be obligated or expended to plan, finalize, or 
implement any rulemaking to add to section 575.104 of title 49 of the 
Code of Federal Regulations any requirement pertaining to a grading 
standard that is different from the three grading standards (treadwear, 
traction, and temperature resistance) already in effect.

                        Operations and Research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of 23 U.S.C. 403, to remain available until expended, $72,000,000, to 
be derived from the Highway Trust Fund: Provided, That none of the 
funds in this Act shall be available for the planning or execution of 
programs the total obligations for which, in fiscal year 2004, are in 
excess of $72,000,000 for programs authorized under 23 U.S.C. 403.

                        National Driver Register

                          (highway trust fund)

    For expenses necessary to discharge the functions of the Secretary 
with respect to the National Driver Register under chapter 303 of title 
49, United States Code, $3,600,000, to be derived from the Highway 
Trust Fund, and to remain available until expended.

                     Highway Traffic Safety Grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    Notwithstanding any other provision of law, for payment of 
obligations incurred in carrying out the provisions of 23 U.S.C. 402, 
405, and 410, to remain available until expended, $225,000,000, to be 
derived from the Highway Trust Fund: Provided, That none of the funds 
in this Act shall be available for the planning or execution of 
programs the total obligations for which, in fiscal year 2004, are in 
excess of $225,000,000 for programs authorized under 23 U.S.C. 402, 
405, and 410, of which $165,000,000 shall be for ``Highway Safety 
Programs'' under 23 U.S.C. 402, $20,000,000 shall be for ``Occupant 
Protection Incentive Grants'' under 23 U.S.C. 405, and $40,000,000 
shall be for ``Alcohol-Impaired Driving Countermeasures Grants'' under 
23 U.S.C. 410: Provided further, That none of these funds shall be used 
for construction, rehabilitation, or remodeling costs, or for office 
furnishings and fixtures for State, local, or private buildings or 
structures: Provided further, That not to exceed $8,150,000 of the 
funds made available for section 402, not to exceed $1,000,000 of the 
funds made available for section 405, and not to exceed $2,000,000 of 
the funds made available for section 410 shall be available to NHTSA 
for administering highway safety grants under chapter 4 of title 23, 
United States Code: Provided further, That not to exceed $2,600,000 of 
the funds made available for section 157, and $2,600,000 of the funds 
made available for section 163, shall be available to NHTSA for 
administering highway safety grants under chapter 1 of title 23, United 
States Code: Provided further, That not to exceed $500,000 of the funds 
made available for section 410 ``Alcohol-Impaired Driving 
Countermeasures Grants'' shall be available for technical assistance to 
the States.

   General Provisions--National Highway Traffic Safety Administration

    Sec. 140. Notwithstanding any other provision of law, States may 
use funds provided in this Act under section 402 of title 23, United 
States Code, to produce and place highway safety public service 
messages in television, radio, cinema, and print media, and on the 
Internet in accordance with guidance issued by the Secretary of 
Transportation: Provided, That any state that uses funds for such 
public service messages shall submit to the Secretary and the House and 
Senate Committees on Appropriations a report describing and assessing 
the effectiveness of the messages: Provided further, That $10,000,000 
of the funds allocated for innovative seat belt projects under section 
157 of title 23, United States Code, and $12,000,000 of funds allocated 
under section 163 of title 23, United States Code, shall be used as 
directed by the National Highway Traffic Safety Administrator, to 
purchase advertising in broadcast media to support the national 
mobilizations conducted in all fifty states, aimed at increasing seat 
belt use and reducing impaired driving: Provided further, That up to 
$2,000,000 of the funds allocated under section 163 of title 23, United 
States Code, shall be used by the Administrator to evaluate the 
effectiveness of alcohol-impaired driving programs that purchase 
advertising as provided by this section.
    Sec. 141. None of the funds made available by this Act may be used 
for the purpose of enforcing compliance with 49 CFR section 579.24, 
promulgated by the National Highway Traffic Safety Administration in 
accordance with section 30166(m) of title 49, United States Code, with 
respect to trailers rated at 26,000 pounds or less gross vehicle 
weight.

                    FEDERAL RAILROAD ADMINISTRATION

                         Safety and Operations

    For necessary expenses of the Federal Railroad Administration, not 
otherwise provided for, $130,922,000, of which $11,712,000 shall remain 
available until expended.

                   Railroad Research and Development

    For necessary expenses for railroad research and development, 
$28,225,000, to remain available until expended.

            Railroad Rehabilitation and Improvement Program

            (limitation on direct loans and loan guarantees)

     The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations pursuant to 
section 512 of the Railroad Revitalization and Regulatory Reform Act of 
1976 (Public Law 94-210), as amended, in such amounts and at such times 
as may be necessary to pay any amounts required pursuant to the 
guarantee of the principal amount of obligations under sections 511 
through 513 of such Act, such authority to exist as long as any such 
guaranteed obligation is outstanding: Provided, That pursuant to 
section 502 of such Act, as amended, no new direct loans or loan 
guarantee commitments shall be made using Federal funds for the credit 
risk premium during fiscal year 2004.

                    Next Generation High-Speed Rail

    For necessary expenses for the Next Generation High-Speed Rail 
program as authorized under 49 U.S.C. 26101 and 26102, $28,250,000,  to 
remain available until expended.

         Grants to the National Railroad Passenger Corporation

    To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation, $900,000,000, to remain 
available until September 30, 2004, including $400,000,000 for 
quarterly grants for operating expenses, $373,000,000 for quarterly 
grants for capital expenses along the Northeast Corridor Mainline, and 
$127,000,000 for quarterly grants for general capital improvements: 
Provided, That the Secretary of Transportation shall approve funding to 
cover operating losses and a long-distance train of the National 
Railroad Passenger Corporation only after receiving and reviewing a 
grant request for each specific train route: Provided further, That 
each such grant request shall be accompanied by a detailed financial 
analysis and revenue projection justifying the federal support to the 
Secretary's satisfaction: Provided further, That the Secretary of 
Transportation and the Amtrak Board of Directors shall ensure that, of 
the amount made available under this heading, sufficient sums are 
reserved to satisfy the contractual obligations of the National 
Railroad Passenger Corporation for commuter and intercity passenger 
rail service: Provided further, That within 60 days of enactment of 
this Act but not later than October 1, 2003, Amtrak shall transmit to 
the Secretary of Transportation and the House and Senate Committees on 
Appropriations a business plan for operating and capital improvements 
to be funded in fiscal year 2004 under section 24104(a) of title 49, 
United States Code: Provided further, That the business plan shall 
include a description of the work to be funded, along with cost 
estimates and an estimated timetable for completion of the projects 
covered by this business plan: Provided further, That not later than 
October 1, 2003 and each month thereafter, Amtrak shall submit to the 
Secretary of Transportation and the House and Senate Committees on 
Appropriations a supplemental report regarding the business plan, which 
shall describe the work completed to date, any changes to the business 
plan, and the reasons for such changes: Provided further, That none of 
the funds in this Act may be used for operating expenses and capital 
projects not approved by the Secretary of Transportation nor on the 
National Railroad Passenger Corporation's fiscal year 2004 business 
plan: Provided further, That none of the funds under this heading may 
be obligated or expended until the National Railroad Passenger 
Corporation agrees to continue abiding by the provisions of paragraphs 
1, 2, 3, 5, 9, and 11 of the summary of conditions for the direct loan 
agreement of June 28, 2002, in the same manner as in effect on the date 
of enactment of this Act.

          General Provisions--Federal Railroad Administration

    Sec. 150. To authorize the Surface Transportation Board to direct 
the continued operation of certain commuter rail passenger 
transportation operations in emergency situations, and for other 
purposes:
    (a) Section 11123 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``failure of existing commuter 
                rail passenger transportation operations caused by a 
                cessation of service by the National Railroad Passenger 
                Corporation,'' after ``cessation of operations,'';
                    (B) by striking ``or'' at the end of paragraph (3);
                    (C) by striking the period at the end of paragraph 
                (4)(C) and inserting ``; or''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(5) in the case of a failure of existing freight or 
        commuter rail passenger transportation operations caused by a 
        cessation of service by the National Railroad Passenger 
        Corporation, direct the continuation of the operations and 
        dispatching, maintenance, and other necessary infrastructure 
        functions related to the operations.'';
            (2) in subsection (b)(3)--
                    (A) by striking ``When'' and inserting ``(A) Except 
                as provided in subparagraph (B), when''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(B) In the case of a failure of existing freight or commuter rail 
passenger transportation operations caused by a cessation of service by 
the National Railroad Passenger Corporation, the Board shall provide 
funding to fully reimburse the directed service provider for its costs 
associated with the activities directed under subsection (a), including 
the payment of increased insurance premiums. The Board shall order 
complete indemnification against any and all claims associated with the 
provision of service to which the directed rail carrier may be 
exposed.'';
            (3) by adding the following new paragraph at the end of 
        subsection (c):
    ``(4) In the case of a failure of existing freight or commuter rail 
passenger transportation operations caused by cessation of service by 
the National Railroad Passenger Corporation, the Board may not direct a 
rail carrier to undertake activities under subsection (a) to continue 
such operations unless--
            ``(A) the Board first affirmatively finds that the rail 
        carrier is operationally capable of conducting the directed 
        service in a safe and efficient manner; and
            ``(B) the funding for such directed service required by 
        subparagraph (B) of subsection (b)(3) is provided in advance in 
        appropriations Acts.''; and
            (4) by adding at the end the following new subsections:
    ``(e) For purposes of this section, the National Railroad Passenger 
Corporation and any entity providing commuter rail passenger 
transportation shall be considered rail carriers subject to the Board's 
jurisdiction.
    ``(f) For purposes of this section, the term `commuter rail 
passenger transportation' has the meaning given that term in section 
24102(4).''.
    (b) Section 24301(c) of title 49, United States Code, is amended by 
inserting ``11123,'' after ``except for sections''.

                     FEDERAL TRANSIT ADMINISTRATION

                        Administrative Expenses

    For necessary administrative expenses of the Federal Transit 
Administration's programs, $14,500,000: Provided, That no more than 
$72,500,000 of budget authority shall be available for these purposes: 
Provided further, That of the funds available not to exceed $948,000 
shall be available for the Office of the Administrator; not to exceed 
$6,126,000 shall be available for the Office of Administration; not to 
exceed $3,848,000 shall be available for the Office of the Chief 
Counsel; not to exceed $1,067,000 shall be available for the Office of 
Communication and Congressional Affairs; not to exceed $7,303,000 shall 
be available for the Office of Program Management; not to exceed 
$6,027,000 shall be available for the Office of Budget and Policy; not 
to exceed $4,328,000 shall be available for the Office of Demonstration 
and Innovation; not to exceed $2,657,000 shall be available for the 
Office of Civil Rights; not to exceed $3,732,000 shall be available for 
the Office of Planning; not to exceed $17,697,000 shall be available 
for regional offices; and not to exceed $16,567,000 shall be available 
for the central account: Provided further, That the Administrator is 
authorized to transfer funds appropriated for an office of the Federal 
Transit Administration: Provided further, That no appropriation for an 
office shall be increased or decreased by more than 3 percent by all 
such transfers: Provided further, That any change in funding greater 
than 3 percent shall be submitted for approval to the House and Senate 
Committees on Appropriations: Provided further, That not to exceed 
$1,000,000 shall be available for travel expenses: Provided further, 
That of the funds in this Act available for the execution of contracts 
under section 5327(c) of title 49, United States Code, $2,000,000 shall 
be reimbursed to the Department of Transportation's Office of Inspector 
General for costs associated with audits and investigations of transit-
related issues, including reviews of new fixed guideway systems: 
Provided further, That not to exceed $2,200,000 for the National 
transit database shall remain available until expended.

                             Formula Grants

                     (including transfer of funds)

    For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310, 
5311, 5327, and section 3038 of Public Law 105-178, $767,800,000, to 
remain available until expended: Provided, That no more than 
$3,839,000,000 of budget authority shall be available for these 
purposes: Provided further, That notwithstanding section 3008 of Public 
Law 105-178, $50,000,000 of the funds to carry out 49 U.S.C. 5308 shall 
be transferred to and merged with funding provided for the replacement, 
rehabilitation, and purchase of buses and related equipment and the 
construction of bus-related facilities under ``Federal Transit 
Administration, Capital investment grants''.

                   University Transportation Research

    For necessary expenses to carry out 49 U.S.C. 5505, $1,200,000, to 
remain available until expended: Provided, That no more than $6,000,000 
of budget authority shall be available for these purposes.

                     Transit Planning and Research

    For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305, 
5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $24,200,000, to remain 
available until expended: Provided, That no more than $122,000,000 of 
budget authority shall be available for these purposes: Provided 
further, That $5,250,000 is available to provide rural transportation 
assistance (49 U.S.C. 5311(b)(2)), $4,000,000 is available to carry out 
programs under the National Transit Institute (49 U.S.C. 5315), 
$8,250,000 is available to carry out transit cooperative research 
programs (49 U.S.C. 5313(a)), $60,385,600 is available for metropolitan 
planning (49 U.S.C. 5303, 5304, and 5305), $12,614,400 is available for 
State planning (49 U.S.C. 5313(b)); and $31,500,000 is available for 
the national planning and research program (49 U.S.C. 5314).

                      Trust Fund Share of Expenses

                (liquidation of contract authorization)

                          (highway trust fund)

    Notwithstanding any other provision of law, for payment of 
obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-5315, 
5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038 of Public 
Law 105-178, $5,807,020,000 to remain available until expended, and to 
be derived from the Mass Transit Account of the Highway Trust Fund: 
Provided, That $3,071,200,000 shall be paid to the Federal Transit 
Administration's formula grants account: Provided further, That 
$97,800,000 shall be paid to the Federal Transit Administration's 
transit planning and research account: Provided further, That 
$58,000,000 shall be paid to the Federal Transit Administration's 
administrative expenses account: Provided further, That $4,800,000 
shall be paid to the Federal Transit Administration's university 
transportation research account: Provided further, That $64,000,000 
shall be paid to the Federal Transit Administration's job access and 
reverse commute grants program: Provided further, That $2,507,220,000 
shall be paid to the Federal Transit Administration's capital 
investment grants account.

                       Capital Investment Grants

                     (including transfer of funds)

    For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, and 
5327, $599,280,000, to remain available until expended: Provided, That 
no more than $3,106,500,000 of budget authority shall be available for 
these purposes: Provided further, That there shall be available for 
fixed guideway modernization, $1,214,400,000; there shall be available 
for the replacement, rehabilitation, and purchase of buses and related 
equipment and the construction of bus-related facilities, $677,700,000; 
and there shall be available for new fixed guideway systems 
$1,214,400,000, to be available as follows:
            Baltimore, MD, Central Light Rail Double Track Project, 
        $40,000,000;
            BART San Francisco Airport (SFO), CA, Extension Project, 
        $100,000,000;
            Boston, MA, Silver Line Phase III, $3,000,000;
            Charlotte, NC, South Corridor Light Rail Project, 
        $4,000,000;
            Chicago Transit Authority, IL, Douglas Branch 
        Reconstruction, $85,000,000;
            Chicago, IL, Metra Commuter Rail Expansions and Extensions, 
        $52,000,000;
            Chicago, IL, Ravenswood Reconstruction, $45,000,000;
            Dallas, TX, North Central Light Rail Extension, 
        $30,161,283;
            Denver, CO, Southeast Corridor LRT (T-REX), $80,000,000;
            East Side Access Project, NY, Phase I, $70,000,000;
            Ft. Lauderdale, FL, Tri-Rail Commuter Project, $18,410,000;
            Las Vegas, NV, Resort Corridor Fixed Guideway, $15,000,000;
            Los Angeles, CA, Eastside Light Rail Transit System, 
        $10,000,000;
            Memphis, TN, Medical Center Rail Extension, $9,247,588;
            Minneapolis, MN, Hiawatha Corridor Light Rail Transit 
        (LRT), $74,980,000;
            New Orleans, LA, Canal Street Streetcar Project, 
        $23,921,373;
            New York, Second Avenue Subway, $3,000,000;
            Newark, NJ, Rail Link (NERL) MOS1, $22,566,022;
            Northern, NJ, Hudson-Bergen Light Rail (MOS2), 
        $100,000,000;
            Phoenix, AZ, Central Phoenix/East Valley Light Rail Transit 
        Project, $13,000,000;
            Pittsburgh, PA, Stage II Light Rail Transit Reconstruction, 
        $32,243,422;
            Portland, OR, Interstate MAX Light Rail Extension, 
        $77,500,000;
            Raleigh, NC, Triangle Transit Authority Regional Rail 
        Project, $3,000,000;
            Salt Lake City, UT, Medical Center LRT Extension, 
        $30,663,361;
            San Diego, CA, Mission Valley East Light Rail Transit 
        Extension, $65,000,000;
            San Diego, CA, Oceanside-Escondido Rail Project, 
        $48,000,000;
            San Juan, PR, Tren Urbano Rapid Transit System, 
        $43,540,000;
            Seattle, WA, Sound Transit Central Link Initial Segment, 
        $15,000,000;
            Washington, DC/MD, Largo Extension, $65,000,000;
            Washington, DC/VA, Dulles Corridor Rapid Transit Project, 
        $25,000,000;
            Hawaii and Alaska Ferry Boats, $10,296,000;
            Oversight set-aside, $12,144,000; and
            San Francisco, CA, Muni Third Street Light Rail Project, 
        $10,000,000;
Provided further, That notwithstanding any other provision of law, for 
the purpose of calculating the non-New Starts share of the total 
project cost of both phases of San Francisco Muni's Third Street Light 
Rail Transit project for fiscal year 2004, the Secretary of 
Transportation shall include all non-New Starts contributions made 
towards Phase 1 of the two-phase project for engineering, final design 
and construction, and also shall allow non-New Starts funds expended on 
one element or phase of the project to be used to meet the non-New 
Starts share requirement of any element or phase of the project: 
Provided further, That none of the funds provided in this Act for the 
San Francisco Muni's Third Street Light Rail Transit Project shall be 
obligated if the Federal Transit Administration determines that the 
project is found to be ``not recommended'' after evaluation and 
computation of revised transportation system user benefit data.

                 Job Access and Reverse Commute Grants

    Notwithstanding section 3037(l)(3) of Public Law 105-178, as 
amended, for necessary expenses to carry out section 3037 of the 
Federal Transit Act of 1998, $17,000,000, to remain available until 
expended: Provided, That no more than $85,000,000 of budget authority 
shall be available for these purposes: Provided further, That up to 
$200,000 of the funds provided under this heading may be used by the 
Federal Transit Administration for technical assistance and support and 
performance reviews of the Job Access and Reverse Commute Grants 
program.

           General Provisions--Federal Transit Administration

    Sec. 160. The limitations on obligations for the programs of the 
Federal Transit Administration shall not apply to any authority under 
49 U.S.C. 5338, previously made available for obligation, or to any 
other authority previously made available for obligation.
    Sec. 161. Notwithstanding any other provision of law, and except 
for fixed guideway modernization projects, funds made available by this 
Act under ``Federal Transit Administration, Capital investment grants'' 
for projects specified in this Act or identified in reports 
accompanying this Act not obligated by September 30, 2006, and other 
recoveries, shall be made available for other projects under 49 U.S.C. 
5309.
    Sec. 162. Notwithstanding any other provision of law, any funds 
appropriated before October 1, 2003, under any section of chapter 53 of 
title 49, United States Code, that remain available for expenditure may 
be transferred to and administered under the most recent appropriation 
heading for any such section.
    Sec. 163. None of the funds in this Act shall be made available for 
the design, construction, or maintenance of any segment of a light rail 
system in Houston that has not been specifically approved by a majority 
of the participating voters in the Houston Metropolitan Transit 
Authority service area in a referendum.
    Sec. 164. Section 5323(j) of title 49, United States Code, is 
amended--
            (1) by adding at the end of paragraph (1) the following: 
        ``The term `manufactured goods' as used in this paragraph means 
        each individual item specified in each line item of a 
        procurement. If the individual items to be procured are listed 
        in the bill of materials and specifications rather than a line 
        item, the term `manufactured goods' shall apply to each such 
        item. The definition of `manufactured goods' shall not be 
        applicable to the procurement of rolling stock as set forth in 
        paragraph (2)(C).'';
            (2) by redesignating paragraphs (3) through (7) as 
        paragraphs (4) through (8), respectively;
            (3) by inserting after paragraph (2) the following:
    ``(3) When issuing a waiver based upon a public interest 
determination under paragraph (2)(A), the Secretary shall produce a 
detailed written justification as to why the waiver is in the public 
interest. The Secretary shall publish this justification in the Federal 
Register and provide the public a reasonable period for notice and 
comment.''; and
            (4) by adding at the end the following:
            ``(9) Application of waivers.--The Secretary may grant a 
        waiver under paragraph (2) for a microprocessor, but not for 
        microcomputer equipment. For purposes of this paragraph 
        `microprocessor' means a computer processor on a microchip.
            ``(10) Administrative review.--A party adversely affected 
        by an agency action under this subsection shall have the right 
        to seek review under section 702 of the Administrative 
        Procedure Act, title 5, United States Code.''.
    Sec. 165. Notwithstanding any other provision of law, funds made 
available for the Roaring Fork Transportation Authority, Colorado, 
under Public Laws 106-69 and 106-346 shall be made available for the 
Roaring Fork Valley Bus Rapid Transit project.

             SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

    The Saint Lawrence Seaway Development Corporation is hereby 
authorized to make such expenditures, within the limits of funds and 
borrowing authority available to the Corporation, and in accord with 
law, and to make such contracts and commitments without regard to 
fiscal year limitations as provided by section 104 of the Government 
Corporation Control Act, as amended, as may be necessary in carrying 
out the programs set forth in the Corporation's budget for the current 
fiscal year.

                       Operations and Maintenance

                    (harbor maintenance trust fund)

    For necessary expenses for operations and maintenance of those 
portions of the Saint Lawrence Seaway operated and maintained by the 
Saint Lawrence Seaway Development Corporation, $14,700,000, to be 
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 
99-662.

                        MARITIME ADMINISTRATION

                       Maritime Security Program

    For necessary expenses to maintain and preserve a U.S.-flag 
merchant fleet to serve the national security needs of the United 
States, $98,700,000, to remain available until expended.

                        Operations and Training

    For necessary expenses of operations and training activities 
authorized by law, $105,897,000, of which $22,000,000 shall remain 
available until September 30, 2004, for salaries and benefits of 
employees of the United States Merchant Marine Academy; of which 
$13,000,000 shall remain available until expended for capital 
improvements at the United States Merchant Marine Academy; of which 
$9,063,000 shall remain available until expended for the State Maritime 
Schools Schoolship Maintenance and Repair; of which $500,000 shall 
remain available until expended for the evaluation and provision of the 
fourteen commercially strategic ports; and of which $1,000,000 shall 
remain available until September 30, 2005, for Maritime Security 
Professional Training in support of Section 109 of the Maritime 
Transportation Security Act of 2002.

                             Ship Disposal

    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$14,000,000, to remain available until expended.

              General Provisions--Maritime Administration

    Sec. 170. Notwithstanding any other provision of this or any other 
Act, the Maritime Administration is authorized to furnish utilities and 
services and make necessary repairs in connection with any lease, 
contract, or occupancy involving Government property under control of 
the Maritime Administration, and payments received therefore shall be 
credited to the appropriation charged with the cost thereof: Provided, 
That rental payments under any such lease, contract, or occupancy for 
items other than such utilities, services, or repairs shall be 
deposited into the Treasury as miscellaneous receipts. No obligations 
shall be incurred during the current fiscal year from the construction 
fund established by the Merchant Marine Act, 1936, or otherwise, in 
excess of the appropriations and limitations contained in this Act or 
in any prior Appropriations Act.
    Sec. 171. Chapter 10 of title I of the Emergency Wartime 
Supplemental Appropriations Act (Public Law 108-11) is amended by 
striking ``For the cost of guaranteed loans, as authorized, 
$25,000,000, to remain available until September 30, 2005:'' and 
inserting ``For the cost of guaranteed loans and associated 
administrative expenses, as authorized, $25,000,000, to remain 
available until September 30, 2005, of which up to $4,498,000 may be 
used for associated administrative expenses:''.

              RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

                     Research and Special Programs

    For expenses necessary to discharge the functions of the Research 
and Special Programs Administration, $47,018,000, of which $645,000 
shall be derived from the Pipeline Safety Fund, and of which $2,437,000 
shall remain available until September 30, 2006: Provided, That up to 
$1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited 
in the general fund of the Treasury as offsetting receipts: Provided 
further, That there may be credited to this appropriation, to be 
available until expended, funds received from States, counties, 
municipalities, other public authorities, and private sources for 
expenses incurred for training, for reports publication and 
dissemination, and for travel expenses incurred in performance of 
hazardous materials exemptions and approvals functions.

                            Pipeline Safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

    For expenses necessary to conduct the functions of the pipeline 
safety program, for grants-in-aid to carry out a pipeline safety 
program, as authorized by 49 U.S.C. 60107, and to discharge the 
pipeline program responsibilities of the Oil Pollution Act of 1990, 
$64,054,000, of which $9,000,000 shall be derived from the Oil Spill 
Liability Trust Fund and shall remain available until September 30, 
2006; of which $55,054,000 shall be derived from the Pipeline Safety 
Fund, of which $21,786,000 shall remain available until September 30, 
2006.

                     Emergency Preparedness Grants

                     (emergency preparedness fund)

    For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to 
be derived from the Emergency Preparedness Fund, to remain available 
until September 30, 2006: Provided, That not more than $14,300,000 
shall be made available for obligation in fiscal year 2004 from amounts 
made available by 49 U.S.C. 5116(i), 5127(c), and 5127(d): Provided 
further, That none of the funds made available by 49 U.S.C. 5116(i), 
5127(c), and 5127(d) shall be made available for obligation by 
individuals other than the Secretary of Transportation, or his 
designee.

                      OFFICE OF INSPECTOR GENERAL

                         Salaries and Expenses

    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$55,000,000: Provided, That the Inspector General shall have all 
necessary authority, in carrying out the duties specified in the 
Inspector General Act, as amended (5 U.S.C. App. 3) to investigate 
allegations of fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to regulation by 
the Department: Provided further, That the funds made available under 
this heading shall be used to investigate, pursuant to section 41712 of 
title 49, United States Code: (1) unfair or deceptive practices and 
unfair methods of competition by domestic and foreign air carriers and 
ticket agents; and (2) the compliance of domestic and foreign air 
carriers with respect to item (1) of this proviso.

                      SURFACE TRANSPORTATION BOARD

                         Salaries and Expenses

    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $19,521,000: Provided, 
That notwithstanding any other provision of law, not to exceed 
$1,050,000 from fees established by the Chairman of the Surface 
Transportation Board shall be credited to this appropriation as 
offsetting collections and used for necessary and authorized expenses 
under this heading: Provided further, That the sum herein appropriated 
from the general fund shall be reduced on a dollar-for-dollar basis as 
such offsetting collections are received during fiscal year 2004, to 
result in a final appropriation from the general fund estimated at no 
more than $18,471,000.

                  TITLE II--DEPARTMENT OF THE TREASURY

                          DEPARTMENTAL OFFICES

                         Salaries and Expenses

                     (including transfer of funds)

    For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Annex; hire of 
passenger motor vehicles; maintenance, repairs, and improvements of, 
and purchase of commercial insurance policies for, real properties 
leased or owned overseas, when necessary for the performance of 
official business; not to exceed $3,000,000, to remain available until 
September 30, 2005 for information technology modernization 
requirements; not to exceed $150,000 for official reception and 
representation expenses; not to exceed $258,000 for unforeseen 
emergencies of a confidential nature, to be allocated and expended 
under the direction of the Secretary of the Treasury and to be 
accounted for solely on his certificate, $175,809,000: Provided, That 
no less than $21,855,000 is for the Office of Foreign Assets Control: 
Provided further, That of these amounts $2,900,000 is available for 
grants to State and local law enforcement groups to help fight money 
laundering: Provided further, That of these amounts, $3,393,000, to 
remain available until September 30, 2005, shall be for the Treasury-
wide Financial Statement Audit Program, of which such amounts as may be 
necessary may be transferred to accounts of the Department's offices 
and bureaus to conduct audits: Provided further, That this transfer 
authority shall be in addition to any other provided in this Act.

        Department-Wide Systems and Capital Investments Programs

                     (including transfer of funds)

    For development and acquisition of automatic data processing 
equipment, software, and services for the Department of the Treasury, 
$36,653,000, to remain available until September 30, 2006: Provided, 
That these funds shall be transferred to accounts and in amounts as 
necessary to satisfy the requirements of the Department's offices, 
bureaus, and other organizations: Provided further, That this transfer 
authority shall be in addition to any other transfer authority provided 
in this Act.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, not to exceed $2,000,000 for official travel expenses, 
including hire of passenger motor vehicles; not to exceed $2,500 for 
official reception and representation expenses; and not to exceed 
$100,000 for unforeseen emergencies of a confidential nature, to be 
allocated and expended under the direction of the Inspector General of 
the Treasury, $12,792,000.

           Treasury Inspector General for Tax Administration

                         salaries and expenses

    For necessary expenses of the Treasury Inspector General for Tax 
Administration in carrying out the Inspector General Act of 1978, as 
amended, including purchase (not to exceed 150 for replacement only for 
police-type use) and hire of passenger motor vehicles (31 U.S.C. 
1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Inspector General for Tax Administration; not to 
exceed $6,000,000 for official travel expenses; and not to exceed 
$500,000 for unforeseen emergencies of a confidential nature, to be 
allocated and expended under the direction of the Inspector General for 
Tax Administration, $128,034,000.

                Air Transportation Stabilization Program

    For necessary expenses to administer the Air Transportation 
Stabilization Board established by section 102 of the Air 
Transportation Safety and System Stabilization Act (Public Law 107-42), 
$2,538,000, to remain available until expended.

           Treasury Building and Annex Repair and Restoration

    For the repair, alteration, and improvement of the Treasury 
Building and Annex, $25,000,000, to remain available until September 
30, 2006.

                  FINANCIAL CRIMES ENFORCEMENT NETWORK

                         Salaries and Expenses

    For necessary expenses of the Financial Crimes Enforcement Network, 
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with 
financial intelligence activities, law enforcement, and financial 
regulation; not to exceed $14,000 for official reception and 
representation expenses; and for assistance to Federal law enforcement 
agencies, with or without reimbursement, $57,571,000, of which not to 
exceed $4,500,000 shall remain available until September 30, 2006; and 
of which $8,152,000 shall remain available until September 30, 2005: 
Provided, That funds appropriated in this account may be used to 
procure personal services contracts.

                      FINANCIAL MANAGEMENT SERVICE

                         Salaries and Expenses

    For necessary expenses of the Financial Management Service, 
$228,558,000, of which not to exceed $9,220,000 shall remain available 
until September 30, 2006, for information systems modernization 
initiatives; and of which not to exceed $2,500 shall be available for 
official reception and representation expenses.

                ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

                         Salaries and Expenses

    For necessary expenses of carrying out section 1111 of the Homeland 
Security Act of 2002, including hire of passenger motor vehicles, 
$80,000,000; of which not to exceed $6,000 for official reception and 
representation expenses; not to exceed $50,000 for cooperative research 
and development programs for Laboratory Services; and provision of 
laboratory assistance to State and local agencies with or without 
reimbursement.

                           UNITED STATES MINT

               United States Mint Public Enterprise Fund

    Pursuant to section 5136 of title 31, United States Code, the 
United States Mint is provided funding through the United States Mint 
Public Enterprise Fund for costs associated with the production of 
circulating coins, numismatic coins, and protective services, including 
both operating expenses and capital investments. The aggregate amount 
of new liabilities and obligations incurred during fiscal year 2004 
under such section 5136 for circulating coinage and protective service 
capital investments of the United States Mint shall not exceed 
$40,652,000. From amounts in the United States Mint Public Enterprise 
Fund, the Secretary of the Treasury shall pay to the Comptroller 
General an amount not to exceed $375,000 to reimburse the Comptroller 
General for the cost of a study to be contracted for by the Comptroller 
General on the potential and cost-effectiveness of expanded use of pre-
made ``blanks'' by the U.S. Mint in the production of circulating 
coins. The amounts reimbursed to the Comptroller General pursuant to 
this paragraph shall be deposited to the appropriation of the General 
Accounting Office then available and remain available until expended.

                       BUREAU OF THE PUBLIC DEBT

                     Administering the Public Debt

    For necessary expenses connected with any public-debt issues of the 
United States, $178,052,000, of which not to exceed $2,500 shall be 
available for official reception and representation expenses, and of 
which not to exceed $2,000,000 shall remain available until expended 
for systems modernization: Provided, That the sum appropriated herein 
from the General Fund for fiscal year 2004 shall be reduced by not more 
than $4,400,000 as definitive security issue fees and Treasury Direct 
Investor Account Maintenance fees are collected, so as to result in a 
final fiscal year 2004 appropriation from the General Fund estimated at 
$173,652,000. In addition, $40,000 to be derived from the Oil Spill 
Liability Trust Fund to reimburse the Bureau for administrative and 
personnel expenses for financial management of the Fund, as authorized 
by section 1012 of Public Law 101-380.

                        INTERNAL REVENUE SERVICE

                 Processing, Assistance, and Management

    For necessary expenses of the Internal Revenue Service for pre-
filing taxpayer assistance and education, filing and account services, 
shared services support, general management and administration; and 
services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner, $4,037,834,000, of which $4,250,000 
shall be for the Tax Counseling for the Elderly Program, of which 
$8,000,000 shall be available for low-income taxpayer clinic grants, 
and of which not to exceed $25,000 shall be for official reception and 
representation expenses.

                          Tax Law Enforcement

    For necessary expenses of the Internal Revenue Service for 
determining and establishing tax liabilities; providing litigation 
support; conducting criminal investigation and enforcement activities; 
securing unfiled tax returns; collecting unpaid accounts; conducting a 
document matching program; resolving taxpayer problems through prompt 
identification, referral and settlement; compiling statistics of income 
and conducting compliance research; funding essential earned income tax 
credit compliance and error reduction initiatives; purchase (for 
police-type use, not to exceed 850) and hire of passenger motor 
vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 
3109, at such rates as may be determined by the Commissioner, 
$4,221,408,000, of which not to exceed $1,000,000 shall remain 
available until September 30, 2006, for research, and of which not to 
exceed $10,000,000 may be used to reimburse the Social Security 
Administration for the costs of implementing section 1090 of the 
Taxpayer Relief Act of 1997 (Public Law 105-33).

                          Information Systems

    For necessary expenses of the Internal Revenue Service for 
information systems and telecommunications support, including 
developmental information systems and operational information systems; 
the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services 
as authorized by 5 U.S.C. 3109, at such rates as may be determined by 
the Commissioner, $1,628,739,000, of which $165,000,000 shall remain 
available until September 30, 2005.

                     Business Systems Modernization

    For necessary expenses of the Internal Revenue Service, 
$429,000,000, to remain available until September 30, 2006, for the 
capital asset acquisition of information technology systems, including 
management and related contractual costs of said acquisitions, 
including contractual costs associated with operations authorized by 5 
U.S.C. 3109: Provided, That none of these funds may be obligated until 
the Internal Revenue Service submits to the Committees on 
Appropriations, and such Committees approve, a plan for expenditure 
that: (1) meets the capital planning and investment control review 
requirements established by the Office of Management and Budget, 
including Circular A-11 part 3; (2) complies with the Internal Revenue 
Service's enterprise architecture, including the modernization 
blueprint; (3) conforms with the Internal Revenue Service's enterprise 
life cycle methodology; (4) is approved by the Internal Revenue 
Service, the Department of the Treasury, and the Office of Management 
and Budget; (5) has been reviewed by the General Accounting Office; and 
(6) complies with the acquisition rules, requirements, guidelines, and 
systems acquisition management practices of the Federal Government.

               Health Insurance Tax Credit Administration

    For expenses necessary to implement the health insurance tax credit 
included in the Trade Act of 2002 (Public Law 107-210), $35,000,000, to 
remain available until September 30, 2005.

             GENERAL PROVISIONS--DEPARTMENT OF THE TREASURY

    Sec. 201. Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be 
transferred to any other Internal Revenue Service appropriation upon 
the advance approval of the Committees on Appropriations.
    Sec. 202. The Internal Revenue Service shall maintain a training 
program to ensure that Internal Revenue Service employees are trained 
in taxpayers' rights, in dealing courteously with the taxpayers, and in 
cross-cultural relations.
    Sec. 203. The Internal Revenue Service shall institute and enforce 
policies and procedures that will safeguard the confidentiality of 
taxpayer information.
    Sec. 204. Funds made available by this or any other Act to the 
Internal Revenue Service shall be available for improved facilities and 
increased manpower to provide sufficient and effective 1-800 help line 
service for taxpayers. The Commissioner shall continue to make the 
improvement of the Internal Revenue Service 1-800 help line service a 
priority and allocate resources necessary to increase phone lines and 
staff to improve the Internal Revenue Service 1-800 help line service.
    Sec. 205. Appropriations to the Department of the Treasury in this 
Act shall be available for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning; purchase of insurance for official motor vehicles operated in 
foreign countries; purchase of motor vehicles without regard to the 
general purchase price limitations for vehicles purchased and used 
overseas for the current fiscal year; entering into contracts with the 
Department of State for the furnishing of health and medical services 
to employees and their dependents serving in foreign countries; and 
services authorized by 5 U.S.C. 3109.
    Sec. 206. Not to exceed 2 percent of any appropriations in this Act 
made available to the Departmental Offices--Salaries and Expenses, 
Office of Inspector General, Financial Management Service, Alcohol and 
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and 
Bureau of the Public Debt, may be transferred between such 
appropriations upon the advance approval of the Committees on 
Appropriations. No transfer may increase or decrease any such 
appropriation by more than 2 percent.
    Sec. 207. Not to exceed 2 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be 
transferred to the Treasury Inspector General for Tax Administration's 
appropriation upon the advance approval of the Committees on 
Appropriations. No transfer may increase or decrease any such 
appropriation by more than 2 percent.
    Sec. 208. None of the funds appropriated in this Act or otherwise 
available to the Department of the Treasury or the Bureau of Engraving 
and Printing may be used to redesign the $1 Federal Reserve note.
    Sec. 209. The Secretary of the Treasury may transfer funds from 
``Salaries and Expenses'', Financial Management Service, to the Debt 
Services Account as necessary to cover the costs of debt collection: 
Provided, That such amounts shall be reimbursed to such Salaries and 
Expenses account from debt collections received in the Debt Services 
Account.
    Sec. 210. None of the funds appropriated or otherwise made 
available by this or any other Act may be used by the United States 
Mint to construct or operate any museum without the explicit approval 
of the House Committee on Financial Services and the Senate Committee 
on Banking, Housing, and Urban Affairs.
    Sec. 211. For fiscal year 2004 and each fiscal year thereafter, 
there are appropriated to the Secretary of the Treasury such sums as 
may be necessary to reimburse financial institutions in their capacity 
as depositaries and financial agents of the United States for all 
services required or directed by the Secretary of the Treasury, or the 
Secretary's designee, to be performed by such financial institutions on 
behalf of the Department of the Treasury or other Federal agencies, 
including services rendered prior to fiscal year 2004.

          prohibition on contracts with corporate expatriates

    Sec. 212. (a) In General.--The Secretary may not enter into any 
contract with a foreign incorporated entity which is treated as an 
inverted domestic corporation under subsection (b), or any subsidiary 
of such entity.
    (b) Inverted Domestic Corporation.--For purposes of this section, a 
foreign incorporated entity shall be treated as an inverted domestic 
corporation if, pursuant to a plan (or a series of related 
transactions)--
            (1) the entity has completed the direct or indirect 
        acquisition of substantially all of the properties held 
        directly or indirectly by a domestic corporation or 
        substantially all of the properties constituting a trade or 
        business of a domestic partnership,
            (2) after the acquisition at least 80 percent of the stock 
        (by vote or value) of the entity is held--
                    (A) in the case of an acquisition with respect to a 
                domestic corporation, by former shareholders of the 
                domestic corporation by reason of holding stock in the 
                domestic corporation, or
                    (B) in the case of an acquisition with respect to a 
                domestic partnership, by former partners of the 
                domestic partnership by reason of holding a capital or 
                profits interest in the domestic partnership, and
            (3) the expanded affiliated group which after the 
        acquisition includes the entity does not have substantial 
        business activities in the foreign country in which or under 
        the law of which the entity is created or organized when 
        compared to the total business activities of such expanded 
        affiliated group.
    (c) Definitions and Special Rules.--For purposes of this section--
            (1) Rules for application of subsection (b).--In applying 
        subsection (b) for purposes of subsection (a), the following 
        rules shall apply:
                    (A) Certain stock disregarded.--There shall not be 
                taken into account in determining ownership for 
                purposes of subsection (b)(2)--
                            (i) stock held by members of the expanded 
                        affiliated group which includes the foreign 
                        incorporated entity, or
                            (ii) stock of such entity which is sold in 
                        a public offering related to the acquisition 
                        described in subsection (b)(1).
                    (B) Plan deemed in certain cases.--If a foreign 
                incorporated entity acquires directly or indirectly 
                substantially all of the properties of a domestic 
                corporation or partnership during the 4-year period 
                beginning on the date which is 2 years before the 
                ownership requirements of subsection (b)(2) are met, 
                such actions shall be treated as pursuant to a plan.
                    (C) Certain transfers disregarded.--The transfer of 
                properties or liabilities (including by contribution or 
                distribution) shall be disregarded if such transfers 
                are part of a plan a principal purpose of which is to 
                avoid the purposes of this section.
                    (D) Special rule for related partnerships.--For 
                purposes of applying subsection (b) to the acquisition 
                of a domestic partnership, except as provided in 
                regulations, all partnerships which are under common 
                control (within the meaning of section 482 of the 
                Internal Revenue Code of 1986) shall be treated as 1 
                partnership.
                    (E) Treatment of certain rights.--The Secretary 
                shall prescribe such regulations as may be necessary--
                            (i) to treat warrants, options, contracts 
                        to acquire stock, convertible debt instruments, 
                        and other similar interests as stock, and
                            (ii) to treat stock as not stock.
            (2) Expanded affiliated group.--The term ``expanded 
        affiliated group'' means an affiliated group as defined in 
        section 1504(a) of the Internal Revenue Code of 1986 (without 
        regard to section 1504(b) of such Code), except that section 
        1504(a) of such Code shall be applied by substituting ``more 
        than 50 percent'' for ``at least 80 percent'' each place it 
        appears.
            (3) Foreign incorporated entity.--The term ``foreign 
        incorporated entity'' means any entity which is, or but for 
        subsection (b) would be, treated as a foreign corporation for 
        purposes of the Internal Revenue Code of 1986.
            (4) Other definitions.--The terms ``person'', ``domestic'', 
        and ``foreign'' have the meanings given such terms by 
        paragraphs (1), (4), and (5) of section 7701(a) of the Internal 
        Revenue Code of 1986, respectively.
    (d) Waiver.--The President may waive subsection (a) with respect to 
any specific contract if the President certifies to Congress that the 
waiver is required in the interest of national security.
    (e) Effective Date.--This section shall take effect one day after 
the date of this bill's enactment.

                       TITLE III--POSTAL SERVICE

                   Payment to the Postal Service Fund

    For payment to the Postal Service Fund for revenue forgone on free 
and reduced rate mail, pursuant to subsections (c) and (d) of section 
2401 of title 39, United States Code, $65,521,000, of which $36,521,000 
shall not be available for obligation until October 1, 2004: Provided, 
That mail for overseas voting and mail for the blind shall continue to 
be free: Provided further, That 6-day delivery and rural delivery of 
mail shall continue at not less than the 1983 level: Provided further, 
That none of the funds made available to the Postal Service by this Act 
shall be used to implement any rule, regulation, or policy of charging 
any officer or employee of any State or local child support enforcement 
agency, or any individual participating in a State or local program of 
child support enforcement, a fee for information requested or provided 
concerning an address of a postal customer: Provided further, That none 
of the funds provided in this Act shall be used to consolidate or close 
small rural and other small post offices in fiscal year 2004.

 TITLE IV--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO 
                             THE PRESIDENT

                     Compensation of the President

    For compensation of the President, including an expense allowance 
at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, 
$450,000: Provided, That none of the funds made available for official 
expenses shall be expended for any other purpose and any unused amount 
shall revert to the Treasury pursuant to section 1552 of title 31, 
United States Code: Provided further, That none of the funds made 
available for official expenses shall be considered as taxable to the 
President.

                           White House Office

                         salaries and expenses

    For necessary expenses for the White House as authorized by law, 
including not to exceed $3,850,000 for services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 
U.S.C. 105, which shall be expended and accounted for as provided in 
that section; hire of passenger motor vehicles, newspapers, 
periodicals, teletype news service, and travel (not to exceed $100,000 
to be expended and accounted for as provided by 3 U.S.C. 103); and not 
to exceed $19,000 for official entertainment expenses, to be available 
for allocation within the Executive Office of the President, 
$66,057,000: Provided, That $8,650,000 of the funds appropriated shall 
be available for reimbursements to the White House Communications 
Agency.

                 Executive Residence at the White House

                           operating expenses

    For the care, maintenance, repair and alteration, refurnishing, 
improvement, heating, and lighting, including electric power and 
fixtures, of the Executive Residence at the White House and official 
entertainment expenses of the President, $12,501,000, to be expended 
and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.

                         reimbursable expenses

    For the reimbursable expenses of the Executive Residence at the 
White House, such sums as may be necessary: Provided, That all 
reimbursable operating expenses of the Executive Residence shall be 
made in accordance with the provisions of this paragraph: Provided 
further, That, notwithstanding any other provision of law, such amount 
for reimbursable operating expenses shall be the exclusive authority of 
the Executive Residence to incur obligations and to receive offsetting 
collections, for such expenses: Provided further, That the Executive 
Residence shall require each person sponsoring a reimbursable political 
event to pay in advance an amount equal to the estimated cost of the 
event, and all such advance payments shall be credited to this account 
and remain available until expended: Provided further, That the 
Executive Residence shall require the national committee of the 
political party of the President to maintain on deposit $25,000, to be 
separately accounted for and available for expenses relating to 
reimbursable political events sponsored by such committee during such 
fiscal year: Provided further, That the Executive Residence shall 
ensure that a written notice of any amount owed for a reimbursable 
operating expense under this paragraph is submitted to the person owing 
such amount within 60 days after such expense is incurred, and that 
such amount is collected within 30 days after the submission of such 
notice: Provided further, That the Executive Residence shall charge 
interest and assess penalties and other charges on any such amount that 
is not reimbursed within such 30 days, in accordance with the interest 
and penalty provisions applicable to an outstanding debt on a United 
States Government claim under section 3717 of title 31, United States 
Code: Provided further, That each such amount that is reimbursed, and 
any accompanying interest and charges, shall be deposited in the 
Treasury as miscellaneous receipts: Provided further, That the 
Executive Residence shall prepare and submit to the Committees on 
Appropriations, by not later than 90 days after the end of the fiscal 
year covered by this Act, a report setting forth the reimbursable 
operating expenses of the Executive Residence during the preceding 
fiscal year, including the total amount of such expenses, the amount of 
such total that consists of reimbursable official and ceremonial 
events, the amount of such total that consists of reimbursable 
political events, and the portion of each such amount that has been 
reimbursed as of the date of the report: Provided further, That the 
Executive Residence shall maintain a system for the tracking of 
expenses related to reimbursable events within the Executive Residence 
that includes a standard for the classification of any such expense as 
political or nonpolitical: Provided further, That no provision of this 
paragraph may be construed to exempt the Executive Residence from any 
other applicable requirement of subchapter I or II of chapter 37 of 
title 31, United States Code.

                   White House Repair and Restoration

    For the repair, alteration, and improvement of the Executive 
Residence at the White House, $4,225,000, to remain available until 
expended, for required maintenance, safety and health issues, and 
continued preventative maintenance.

                      Council of Economic Advisers

                         salaries and expenses

    For necessary expenses of the Council of Economic Advisors in 
carrying out its functions under the Employment Act of 1946 (15 U.S.C. 
1021), $4,000,000.

                      Office of Policy Development

                         salaries and expenses

    For necessary expenses of the Office of Policy Development, 
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, 
$4,109,000.

                       National Security Council

                         salaries and expenses

    For necessary expenses of the National Security Council, including 
services as authorized by 5 U.S.C. 3109, $9,000,000.

                        Office of Administration

                         salaries and expenses

    For necessary expenses of the Office of Administration, including 
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of 
passenger motor vehicles, $82,826,000, of which $17,470,000 shall 
remain available until expended for the Capital Investment Plan for 
continued modernization of the information technology infrastructure 
within the Executive Office of the President.

                    Office of Management and Budget

                         salaries and expenses

    For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles and services as authorized 
by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 
44, United States Code, $62,772,000, of which not to exceed $1,500 
shall be available for official representation expenses: Provided, 
That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied 
only to the objects for which appropriations were made except as 
otherwise provided by law: Provided further, That none of the funds 
appropriated in this Act for the Office of Management and Budget may be 
used for the purpose of reviewing any agricultural marketing orders or 
any activities or regulations under the provisions of the Agricultural 
Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided 
further, That none of the funds made available for the Office of 
Management and Budget by this Act may be expended for the altering of 
the transcript of actual testimony of witnesses, except for testimony 
of officials of the Office of Management and Budget, before the 
Committees on Appropriations or the Committees on Veterans' Affairs or 
their subcommittees: Provided further, That the preceding shall not 
apply to printed hearings released by the Committees on Appropriations 
or the Committees on Veterans' Affairs: Provided further, That none of 
the funds appropriated in this Act may be available to pay the salary 
or expenses of any employee of the Office of Management and Budget who, 
after February 15, 2003, calculates, prepares, or approves any tabular 
or other material that proposes the sub-allocation of budget authority 
or outlays by the Committees on Appropriations among their 
subcommittees.

                 Office of National Drug Control Policy

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.) as 
amended; not to exceed $10,000 for official reception and 
representation expenses; and for participation in joint projects or in 
the provision of services on matters of mutual interest with nonprofit, 
research, or public organizations or agencies, with or without 
reimbursement, $28,790,000; of which $2,850,000 shall remain available 
until expended, consisting of $1,350,000 for policy research and 
evaluation, and $1,500,000 for the National Alliance for Model State 
Drug Laws: Provided, That the Office is authorized to accept, hold, 
administer, and utilize gifts, both real and personal, public and 
private, without fiscal year limitation, for the purpose of aiding or 
facilitating the work of the Office.

                Counterdrug Technology Assessment Center

                     (including transfer of funds)

    For necessary expenses for the Counterdrug Technology Assessment 
Center for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.) as 
amended, $40,000,000, which shall remain available until expended, 
consisting of $18,000,000 for counternarcotics research and development 
projects, and $22,000,000 for the continued operation of the technology 
transfer program: Provided, That the $18,000,000 for counternarcotics 
research and development projects shall be available for transfer to 
other Federal departments or agencies.

                     Federal Drug Control Programs

             high intensity drug trafficking areas program

                     (including transfer of funds)

    For necessary expenses of the Office of National Drug Control 
Policy's High Intensity Drug Trafficking Areas Program, $226,350,000, 
for drug control activities consistent with the approved strategy for 
each of the designated High Intensity Drug Trafficking Areas, of which 
no less than 51 percent shall be transferred to State and local 
entities for drug control activities, which shall be obligated within 
120 days of the date of the enactment of this Act: Provided, That up to 
49 percent, to remain available until September 30, 2005, may be 
transferred to Federal agencies and departments at a rate to be 
determined by the Director, of which not less than $2,100,000 shall be 
used for auditing services and associated activities, and at least 
$500,000 of the $2,100,000 shall be used to develop and implement a 
data collection system to measure the performance of the High Intensity 
Drug Trafficking Areas Program: Provided further, That High Intensity 
Drug Trafficking Areas Programs designated as of September 30, 2003, 
shall be funded at no less than the fiscal year 2003 initial allocation 
levels unless the Director submits to the Committees on Appropriations, 
and the Committees approve, justification for changes in those levels 
based on clearly articulated priorities for the High Intensity Drug 
Trafficking Areas Programs, as well as published Office of National 
Drug Control Policy performance measures of effectiveness: Provided 
further, That no funds of an amount in excess of the fiscal year 2004 
budget request shall be obligated prior to the approval of the 
Committee on Appropriations.

                  Other Federal Drug Control Programs

                     (including transfer of funds)

    For activities to support a national anti-drug campaign for youth, 
and for other purposes, authorized by (21 U.S.C. 1701 et seq.) as 
amended, $230,000,000, to remain available until expended, of which the 
following amounts are available as follows: $150,000,000 to support a 
national media campaign; $70,000,000 for a program of assistance and 
matching grants to local coalitions and other activities, as authorized 
in chapter 2 of the National Narcotics Leadership Act of 1988, as 
amended; $4,500,000 for the Counterdrug Intelligence Executive 
Secretariat; $2,000,000 for evaluations and research related to 
National Drug Control Program performance measures; $1,000,000 for the 
National Drug Court Institute; $1,500,000 for the United States Anti-
Doping Agency for anti-doping activities; and $1,000,000 for the United 
States membership dues to the World Anti-Doping Agency: Provided, That 
such funds may be transferred to other Federal departments and agencies 
to carry out such activities: Provided further, That of the amounts 
appropriated for a national media campaign, no less than 77 percent 
shall be used for the purchase of advertising time and space for the 
national media campaign.

                          Unanticipated Needs

    For expenses necessary to enable the President to meet 
unanticipated needs, in furtherance of the national interest, security, 
or defense which may arise at home or abroad during the current fiscal 
year, as authorized by 3 U.S.C. 108, $1,000,000.

 Special Assistance to the President and the Official Residence of the 
                             Vice President

                         salaries and expenses

    For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106, which 
shall be expended and accounted for as provided in that section; and 
hire of passenger motor vehicles, $4,461,000.

                           operating expenses

                     (including transfer of funds)

    For the care, operation, refurnishing, improvement, and to the 
extent not otherwise provided for, heating and lighting, including 
electric power and fixtures, of the official residence of the Vice 
President; the hire of passenger motor vehicles; and not to exceed 
$90,000 for official entertainment expenses of the Vice President, to 
be accounted for solely on his certificate, $331,000: Provided, That 
advances or repayments or transfers from this appropriation may be made 
to any department or agency for expenses of carrying out such 
activities.

                     TITLE V--INDEPENDENT AGENCIES

       ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

                         Salaries and Expenses

    For expenses necessary for the Architectural and Transportation 
Barriers Compliance Board, as authorized by section 502 of the 
Rehabilitation Act of 1973, as amended $5,401,000: Provided, That, 
notwithstanding any other provision of law, there may be credited to 
this appropriation funds received for publications and training 
expenses, to be available for the purpose of this account.

                  NATIONAL TRANSPORTATION SAFETY BOARD

                         Salaries and Expenses

    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for a GS-15; uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902) 
$76,679,000, of which not to exceed $2,000 may be used for official 
reception and representation expenses.

                             Emergency Fund

    For necessary expenses of the National Transportation Safety Board 
for accident investigations, $600,000, to remain available until 
expended: Provided, That these funds shall be available only to the 
extent necessary to restore the balance of the emergency fund to 
$2,000,000 (29 U.S.C. 1118 (b)).

 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

                         Salaries and Expenses

    For necessary expenses of the Committee for Purchase From People 
Who Are Blind or Severely Disabled established by Public Law 92-28, 
$4,725,000.

                      FEDERAL ELECTION COMMISSION

                         Salaries and Expenses

    For necessary expenses to carry out the provisions of the Federal 
Election Campaign Act of 1971, as amended, $50,440,000, of which no 
less than $6,389,900 shall be available for internal automated data 
processing systems, and of which not to exceed $5,000 shall be 
available for reception and representation expenses.

                     ELECTION ASSISTANCE COMMISSION

                         Salaries and Expenses

    For necessary expenses to carry out the Help America Vote Act of 
2002, $5,000,000.

                        Election Reform Programs

    For necessary expenses to carry out a program of requirements 
payments to States as authorized by Section 257 of the Help America 
Vote Act of 2002, $495,000,000: Provided, That no more that \1/10\ of 1 
percent of funds available for requirements payments under Section 257 
of the Help America Vote Act of 2002 shall be allocated to any 
territory.

                   FEDERAL LABOR RELATIONS AUTHORITY

                         Salaries and Expenses

    For necessary expenses to carry out functions of the Federal Labor 
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 
1978, and the Civil Service Reform Act of 1978, including services 
authorized by 5 U.S.C. 3109, and including hire of experts and 
consultants, hire of passenger motor vehicles, and rental of conference 
rooms in the District of Columbia and elsewhere, $29,611,000: Provided, 
That public members of the Federal Service Impasses Panel may be paid 
travel expenses and per diem in lieu of subsistence as authorized by 
law (5 U.S.C. 5703) for persons employed intermittently in the 
Government service, and compensation as authorized by 5 U.S.C. 3109: 
Provided further, That notwithstanding 31 U.S.C. 3302, funds received 
from fees charged to non-Federal participants at labor-management 
relations conferences shall be credited to and merged with this 
account, to be available without further appropriation for the costs of 
carrying out these conferences.

                      FEDERAL MARITIME COMMISSION

                         Salaries and Expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); and uniforms or allowances therefore, as authorized by 
5 U.S.C. 5901-5902, $18,471,000: Provided, That not to exceed $2,000 
shall be available for official reception and representation expenses.

                    GENERAL SERVICES ADMINISTRATION

                        Real Property Activities

                        (federal buildings fund)

                (limitations on availability of revenue)

                     (including transfer of funds)

    For an additional amount to be deposited in, and to be used for the 
purposes of, the Fund established pursuant to section 210(f) of the 
Federal Property and Administrative Services Act of 1949, as amended 
(40 U.S.C. 592), $247,350,000. The revenues and collections deposited 
into the Fund shall be available for necessary expenses of real 
property management and related activities not otherwise provided for, 
including operation, maintenance, and protection of federally owned and 
leased buildings; rental of buildings in the District of Columbia; 
restoration of leased premises; moving governmental agencies (including 
space adjustments and telecommunications relocation expenses) in 
connection with the assignment, allocation and transfer of space; 
contractual services incident to cleaning or servicing buildings, and 
moving; repair and alteration of federally owned buildings including 
grounds, approaches and appurtenances; care and safeguarding of sites; 
maintenance, preservation, demolition, and equipment; acquisition of 
buildings and sites by purchase, condemnation, or as otherwise 
authorized by law; acquisition of options to purchase buildings and 
sites; conversion and extension of federally owned buildings; 
preliminary planning and design of projects by contract or otherwise; 
construction of new buildings (including equipment for such buildings); 
and payment of principal, interest, and any other obligations for 
public buildings acquired by installment purchase and purchase 
contract; in the aggregate amount of $6,557,518,000, of which: (1) 
$406,168,000 shall remain available until expended for construction 
(including funds for sites and expenses and associated design and 
construction services) of additional projects at the following 
locations:
    New Construction:
            California:
                    San Diego, Border Station, $34,211,000
            Georgia:
                    Atlanta, Tuttle Building Annex, $10,600,000
            Maine:
                    Jackman, Border Station, $7,712,000
            Maryland:
                    Suitland, United States Census Bureau, $146,451,000
            Michigan:
                    Detroit, Ambassador Bridge Border Station, 
                $25,387,000
            New York:
                    Champlain, Border Station, $31,031,000
            Texas:
                    Del Rio, Border Station, $23,966,000
                    Eagle Pass, Border Station, $31,980,000
                    Houston, Federal Bureau of Investigation, 
                $58,080,000
                    McAllen, Border Station, $17,938,000
            Washington:
                    Blaine, Border Station, $9,812,000
    Nonprospectus Construction, $9,000,000:
Provided, That each of the foregoing limits of costs on new 
construction projects may be exceeded to the extent that savings are 
effected in other such projects, but not to exceed 10 percent of the 
amounts included in an approved prospectus, if required, unless advance 
approval is obtained from the Committees on Appropriations of a greater 
amount: Provided further, That all funds for direct construction 
projects shall expire on September 30, 2005, and remain in the Federal 
Buildings Fund except for funds for projects as to which funds for 
design or other funds have been obligated in whole or in part prior to 
such date; (2) $1,010,454,000 shall remain available until expended for 
repairs and alterations, which includes associated design and 
construction services:
            Colorado:
                    Denver, Byron G. Rogers Federal Building--
                Courthouse, $39,436,000
            District of Columbia:
                    320 First Street, $7,485,000
                    Eisenhower Executive Office Building, $65,757,000
                    Federal Office Building 8, $134,872,000
                    Main Interior Building, $15,603,000
                    Fire & Life Safety, $68,188,000
            Georgia:
                    Atlanta, Richard B. Russell Federal Building, 
                $32,173,000
            Illinois:
                    Chicago, Dirksen Courthouse & Kluczynski Federal 
                Building, $24,056,000
                    Springfield, Paul H. Findley Federal Building--
                Courthouse, $6,183,000
            Massachusetts:
                    Boston, John W. McCormack Post Office and 
                Courthouse, $73,037,000
            New York:
                    Brooklyn, Emanuel Celler Courthouse, $65,511,000
            North Dakota:
                    Fargo, Federal Building--Post Office, $5,801,000
            Ohio:
                    Columbus, John W. Bricker Federal Building, 
                $10,707,000
            Washington:
                    Auburn, Building 7, Auburn Federal Building, 
                $18,315,000
                    Seattle, Henry M. Jackson Federal Building, 
                $6,868,000
            Special Emphasis Programs:
                    Chlorofluorocarbons Program, $5,000,000
                    Energy Program, $5,000,000
                    Glass Fragmentation Program, $20,000,000
            Design Program, $41,462,000
            Basic Repairs and Alterations, $365,000,000:
Provided further, That of the funds provided in this Act for the repair 
of the Eisenhower Executive Office Building, $30,757,000 is not 
available for obligation until 15 days after the Executive Office of 
the President submits a report to the Committees on Appropriations 
regarding the use of non-Federal funding in renovation and furnishing 
efforts for the Eisenhower Executive Office Building: Provided further, 
That funds made available in any previous Act in the Federal Buildings 
Fund for Repairs and Alterations shall, for prospectus projects, be 
limited to the amount identified for each project, except each project 
in any previous Act may be increased by an amount not to exceed 10 
percent unless advance approval is obtained from the Committees on 
Appropriations of a greater amount: Provided further, That additional 
projects for which prospectuses have been fully approved may be funded 
under this category only if advance approval is obtained from the 
Committees on Appropriations: Provided further, That the amounts 
provided in this or any prior Act for ``Repairs and Alterations'' may 
be used to fund costs associated with implementing security 
improvements to buildings necessary to meet the minimum standards for 
security in accordance with current law and in compliance with the 
reprogramming guidelines of the appropriate Committees of the House and 
Senate: Provided further, That the difference between the funds 
appropriated and expended on any projects in this or any prior Act, 
under the heading ``Repairs and Alterations'', may be transferred to 
Basic Repairs and Alterations or used to fund authorized increases in 
prospectus projects: Provided further, That all funds for repairs and 
alterations prospectus projects shall expire on September 30, 2005 and 
remain in the Federal Buildings Fund except funds for projects as to 
which funds for design or other funds have been obligated in whole or 
in part prior to such date: Provided further, That the amount provided 
in this or any prior Act for Basic Repairs and Alterations may be used 
to pay claims against the Government arising from any projects under 
the heading ``Repairs and Alterations'' or used to fund authorized 
increases in prospectus projects; (3) $169,745,000 for installment 
acquisition payments including payments on purchase contracts which 
shall remain available until expended; (4) $3,308,187,000 for rental of 
space which shall remain available until expended; and (5) 
$1,608,708,000 for building operations which shall remain available 
until expended: Provided further, That funds available to the General 
Services Administration shall not be available for expenses of any 
construction, repair, alteration and acquisition project for which a 
prospectus, if required by the Public Buildings Act of 1959, as 
amended, has not been approved, except that necessary funds may be 
expended for each project for required expenses for the development of 
a proposed prospectus: Provided further, That funds available in the 
Federal Buildings Fund may be expended for emergency repairs when 
advance approval is obtained from the Committees on Appropriations: 
Provided further, That amounts necessary to provide reimbursable 
special services to other agencies under section 210(f)(6) of the 
Federal Property and Administrative Services Act of 1949, as amended 
(40 U.S.C. 592(b)(2)) and amounts to provide such reimbursable fencing, 
lighting, guard booths, and other facilities on private or other 
property not in Government ownership or control as may be appropriate 
to enable the United States Secret Service to perform its protective 
functions pursuant to 18 U.S.C. 3056, shall be available from such 
revenues and collections: Provided further, That revenues and 
collections and any other sums accruing to this Fund during fiscal year 
2004, excluding reimbursements under section 210(f)(6) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) 
in excess of $6,557,518,000 shall remain in the Fund and shall not be 
available for expenditure except as authorized in appropriations Acts.

                           General Activities

                         governmentwide policy

    For expenses authorized by law, not otherwise provided for, for 
Government-wide policy and evaluation activities associated with the 
management of real and personal property assets and certain 
administrative services; Government-wide policy support 
responsibilities relating to acquisition, telecommunications, 
information technology management, and related technology activities; 
and services as authorized by 5 U.S.C. 3109, $56,383,000.

                           operating expenses

    For expenses authorized by law, not otherwise provided for, for 
Government-wide activities associated with utilization and donation of 
surplus personal property; disposal of real property; 
telecommunications, information technology management, and related 
technology activities; providing Internet access to Federal information 
and services; agency-wide policy direction and management, and Board of 
Contract Appeals; accounting, records management, and other support 
services incident to adjudication of Indian Tribal Claims by the United 
States Court of Federal Claims; services as authorized by 5 U.S.C. 
3109; and not to exceed $7,500 for official reception and 
representation expenses, $79,110,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General and 
services authorized by 5 U.S.C. 3109, $39,169,000: Provided, That not 
to exceed $15,000 shall be available for payment for information and 
detection of fraud against the Government, including payment for 
recovery of stolen Government property: Provided further, That not to 
exceed $2,500 shall be available for awards to employees of other 
Federal agencies and private citizens in recognition of efforts and 
initiatives resulting in enhanced Office of Inspector General 
effectiveness.

                       electronic government fund

                     (including transfer of funds)

    For necessary expenses in support of interagency projects that 
enable the Federal Government to expand its ability to conduct 
activities electronically, through the development and implementation 
of innovative uses of the Internet and other electronic methods, 
$1,000,000, to remain available until expended: Provided, That these 
funds may be transferred to Federal agencies to carry out the purposes 
of the Fund: Provided further, That this transfer authority shall be in 
addition to any other transfer authority provided in this Act: Provided 
further, That such transfers may not be made until 10 days after a 
proposed spending plan and justification for each project to be 
undertaken has been submitted to the Committees on Appropriations.

           allowances and office staff for former presidents

                     (including transfer of funds)

    For carrying out the provisions of the Act of August 25, 1958, as 
amended (3 U.S.C. 102 note), and Public Law 95-138, $3,393,000: 
Provided, That the Administrator of General Services shall transfer to 
the Secretary of the Treasury such sums as may be necessary to carry 
out the provisions of such Acts.

          General Provisions--General Services Administration

    Sec. 501. The appropriate appropriation or fund available to the 
General Services Administration shall be credited with the cost of 
operation, protection, maintenance, upkeep, repair, and improvement, 
included as part of rentals received from Government corporations 
pursuant to law (40 U.S.C. 129).
    Sec. 502. Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.
    Sec. 503. Funds in the Federal Buildings Fund made available for 
fiscal year 2004 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary to 
meet program requirements: Provided, That any proposed transfers shall 
be approved in advance by the Committees on Appropriations.
    Sec. 504. No funds made available by this Act shall be used to 
transmit a fiscal year 2005 request for United States Courthouse 
construction that: (1) does not meet the design guide standards for 
construction as established and approved by the General Services 
Administration, the Judicial Conference of the United States, and the 
Office of Management and Budget; and (2) does not reflect the 
priorities of the Judicial Conference of the United States as set out 
in its approved 5-year construction plan: Provided, That the fiscal 
year 2005 request must be accompanied by a standardized courtroom 
utilization study of each facility to be constructed, replaced, or 
expanded.
    Sec. 505. None of the funds provided in this Act may be used to 
increase the amount of occupiable square feet, provide cleaning 
services, security enhancements, or any other service usually provided 
through the Federal Buildings Fund, to any agency that does not pay the 
rate per square foot assessment for space and services as determined by 
the General Services Administration in compliance with the Public 
Buildings Amendments Act of 1972 (Public Law 92-313).
    Sec. 506. Funds provided to other Government agencies by the 
Information Technology Fund, General Services Administration, under 
section 110 of the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 757) and sections 5124(b) and 5128 of the Clinger-Cohen 
Act of 1996 (40 U.S.C. 1424(b) and 1428), for performance of pilot 
information technology projects which have potential for Government-
wide benefits and savings, may be repaid to this Fund from any savings 
actually incurred by these projects or other funding, to the extent 
feasible.
    Sec. 507. From funds made available under the heading ``Federal 
Buildings Fund, Limitations on Availability of Revenue'', claims 
against the Government of less than $250,000 arising from direct 
construction projects and acquisition of buildings may be liquidated 
from savings effected in other construction projects with prior 
notification to the Committees on Appropriations.
    Sec. 508. None of the funds in this Act may be used by the General 
Services Administration to develop or implement a mandatory system 
without exceptions that requires agencies government-wide to use a 
specific electronic travel solution or the eTravel Service: Provided, 
That this section shall also apply to the Department of Transportation 
in any development of electronic travel solutions for its modal 
administrations.
    Sec. 509. (a) The Administrator of General Services shall carry out 
the authority of the Election Assistance Commission to make election 
assistance payments under subtitle D of title II of the Help America 
Vote Act of 2002, including the authority under such subtitle to 
receive statements and applications from entities seeking such payments 
and reports from entities receiving such payments.
    (b) The authority of the Administrator of General Services under 
subsection (a) shall apply with respect to amounts appropriated for 
fiscal year 2004 and amounts appropriated for fiscal year 2003 which 
remain unobligated and unexpended at the end of fiscal year 2003, 
except that this authority shall expire upon the earlier of--
            (1) the expiration of the 3-month period which begins on 
        the date on which all members of the Election Assistance 
        Commission are appointed; or
            (2) June 30, 2004.
    (c) Upon the appointment of all members of the Election Assistance 
Commission, the Administrator of General Services shall transmit to the 
Commission all statements, applications, and reports received by the 
Administrator in carrying out this section.
    Sec. 510. None of the funds made available in this Act may be used 
by the General Services Administration to establish a quick response 
team processing center on East Brainerd Road in Chattanooga, Tennessee.

                     MERIT SYSTEMS PROTECTION BOARD

                         Salaries and Expenses

                     (including transfer of funds)

    For necessary expenses to carry out functions of the Merit Systems 
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and 
the Civil Service Reform Act of 1978, including services as authorized 
by 5 U.S.C. 3109, rental of conference rooms in the District of 
Columbia and elsewhere, hire of passenger motor vehicles, and direct 
procurement of survey printing, $32,877,000, together with not to 
exceed $2,626,000 for administrative expenses to adjudicate retirement 
appeals to be transferred from the Civil Service Retirement and 
Disability Fund in amounts determined by the Merit Systems Protection 
Board.

 MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL 
                           POLICY FOUNDATION

 Morris K. Udall Scholarship and Excellence in National Environmental 
                           Policy Trust Fund

    For payment to the Morris K. Udall Scholarship and Excellence in 
National Environmental Policy Trust Fund, pursuant to the Morris K. 
Udall Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), 
$1,300,000, to remain available until expended of which $100,000 shall 
be used to conduct financial audits pursuant to the Accountability of 
Tax Dollars Act of 2002 (Public Law 107-289) notwithstanding sections 8 
and 9 of Public Law 102-259: Provided, That up to 70 percent of such 
funds may be transferred by the Morris K. Udall Scholarship and 
Excellence in National Environmental Policy Foundation for the 
necessary expenses of the Native Nations Institute.

                 Environmental Dispute Resolution Fund

    For payment to the Environmental Dispute Resolution Fund to carry 
out activities authorized in the Environmental Policy and Conflict 
Resolution Act of 1998, $1,300,000, to remain available until expended.

              NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

                           Operating Expenses

    For necessary expenses in connection with the administration of the 
National Archives and Records Administration (including the Information 
Security Oversight Office) and archived Federal records and related 
activities, as provided by law, and for expenses necessary for the 
review and declassification of documents, and for the hire of passenger 
motor vehicles, $255,191,000: Provided, That the Archivist of the 
United States is authorized to use any excess funds available from the 
amount borrowed for construction of the National Archives facility, for 
expenses necessary to provide adequate storage for holdings: Provided 
further, That, of the funds provided in this paragraph, $600,000 shall 
be for the preservation of the records of the Freedmen's Bureau.

                       Electronic Records Archive

    For necessary expenses in connection with the development of an 
electronic records archive, to include all direct project costs 
associated with research, analysis, design, development, and program 
management, $35,914,000, of which $22,000,000 shall remain available 
until September 30, 2006.

                        Repairs and Restoration

    For the repair, alteration, and improvement of archives facilities, 
and to provide adequate storage for holdings, $6,458,000, to remain 
available until expended, of which $500,000 is for the Military 
Personnel Records Center requirements study.

        National Historical Publications and Records Commission

                             grants program

    For necessary expenses for allocations and grants for historical 
publications and records as authorized by 44 U.S.C. 2504, as amended, 
$10,000,000, to remain available until expended.

                      OFFICE OF GOVERNMENT ETHICS

                         Salaries and Expenses

    For necessary expenses to carry out functions of the Office of 
Government Ethics pursuant to the Ethics in Government Act of 1978, as 
amended and the Ethics Reform Act of 1989, including services as 
authorized by 5 U.S.C. 3109, rental of conference rooms in the District 
of Columbia and elsewhere, hire of passenger motor vehicles, and not to 
exceed $1,500 for official reception and representation expenses, 
$10,738,000.

                     OFFICE OF PERSONNEL MANAGEMENT

                         Salaries and Expenses

                  (including transfer of trust funds)

    For necessary expenses to carry out functions of the Office of 
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 
and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for 
veterans by private physicians on a fee basis; rental of conference 
rooms in the District of Columbia and elsewhere; hire of passenger 
motor vehicles; not to exceed $2,500 for official reception and 
representation expenses; advances for reimbursements to applicable 
funds of the Office of Personnel Management and the Federal Bureau of 
Investigation for expenses incurred under Executive Order No. 10422 of 
January 9, 1953, as amended; and payment of per diem and/or subsistence 
allowances to employees where Voting Rights Act activities require an 
employee to remain overnight at his or her post of duty, $119,498,000, 
of which $2,000,000 shall remain available until expended for the cost 
of the enterprise human resources integration project, $2,500,000 shall 
remain available until expended for the cost of leading the government-
wide initiative to modernize federal payroll systems and service 
delivery, and $2,500,000 shall remain available through September 30, 
2005 to coordinate and conduct program evaluation and performance 
measurement; and in addition $126,854,000 for administrative expenses, 
to be transferred from the appropriate trust funds of the Office of 
Personnel Management without regard to other statutes, including direct 
procurement of printed materials, for the retirement and insurance 
programs, of which $27,640,000 shall remain available until expended 
for the cost of automating the retirement recordkeeping systems: 
Provided, That the provisions of this appropriation shall not affect 
the authority to use applicable trust funds as provided by sections 
8348(a)(1)(B), 8909(g), and 9004(f)(1)(A) and (2)(A) of title 5, United 
States Code: Provided further, That no part of this appropriation shall 
be available for salaries and expenses of the Legal Examining Unit of 
the Office of Personnel Management established pursuant to Executive 
Order No. 9358 of July 1, 1943, or any successor unit of like purpose: 
Provided further, That the President's Commission on White House 
Fellows, established by Executive Order No. 11183 of October 3, 1964, 
may, during fiscal year 2004, accept donations of money, property, and 
personal services in connection with the development of a publicity 
brochure to provide information about the White House Fellows, except 
that no such donations shall be accepted for travel or reimbursement of 
travel expenses, or for the salaries of employees of such Commission.

                      Office of Inspector General

                         Salaries and Expenses

                  (including transfer of trust funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act, as amended, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles, $1,498,000, and in addition, not to exceed $14,427,000 
for administrative expenses to audit, investigate, and provide other 
oversight of the Office of Personnel Management's retirement and 
insurance programs, to be transferred from the appropriate trust funds 
of the Office of Personnel Management, as determined by the Inspector 
General: Provided, That the Inspector General is authorized to rent 
conference rooms in the District of Columbia and elsewhere.

      Government Payment for Annuitants, Employees Health Benefits

    For payment of Government contributions with respect to retired 
employees, as authorized by chapter 89 of title 5, United States Code, 
and the Retired Federal Employees Health Benefits Act (74 Stat. 849), 
as amended, such sums as may be necessary.

       Government Payment for Annuitants, Employee Life Insurance

    For payment of Government contributions with respect to employees 
retiring after December 31, 1989, as required by chapter 87 of title 5, 
United States Code, such sums as may be necessary.

        Payment to Civil Service Retirement and Disability Fund

    For financing the unfunded liability of new and increased annuity 
benefits becoming effective on or after October 20, 1969, as authorized 
by 5 U.S.C. 8348, and annuities under special Acts to be credited to 
the Civil Service Retirement and Disability Fund, such sums as may be 
necessary: Provided, That annuities authorized by the Act of May 29, 
1944, as amended, and the Act of August 19, 1950, as amended (33 U.S.C. 
771-775), may hereafter be paid out of the Civil Service Retirement and 
Disability Fund.

                     Human Capital Performance Fund

                     (including transfer of funds)

    For a human capital performance fund, $2,500,000: Provided, That 
such amount shall not be available for obligation or transfer until 
enactment of legislation that establishes a human capital performance 
fund within the Office of Personnel Management: Provided further, That 
such amounts as determined by the Director of the Office of Personnel 
Management may be transferred to federal agencies to carry out the 
purposes of this fund as authorized: Provided further, That no funds 
shall be available for obligation or transfer to any federal agency 
until the Director has notified the relevant subcommittees of 
jurisdiction of the Committees on Appropriations of the approval of a 
performance pay plan for that agency, and the prior approval of such 
subcommittees has been attained.

                       OFFICE OF SPECIAL COUNSEL

                         Salaries and Expenses

    For necessary expenses to carry out functions of the Office of 
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978 (Public Law 95-454), as amended, the 
Whistleblower Protection Act of 1989 (Public Law 101-12), as amended, 
Public Law 103-424, and the Uniformed Services Employment and 
Reemployment Act of 1994 (Public Law 103-353), including services as 
authorized by 5 U.S.C. 3109, payment of fees and expenses for 
witnesses, rental of conference rooms in the District of Columbia and 
elsewhere, and hire of passenger motor vehicles; $13,504,000.

                        UNITED STATES TAX COURT

                         Salaries and Expenses

    For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, $40,187,000: Provided, That 
travel expenses of the judges shall be paid upon the written 
certificate of the judge.

      WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF REMEMBRANCE

    For necessary expenses of the White House Commission on the 
National Moment of Remembrance, $250,000.

                      TITLE VI--GENERAL PROVISIONS

                                This Act

                     (including transfers of funds)

    Sec. 601. During the current fiscal year applicable appropriations 
to the Department of Transportation shall be available for maintenance 
and operation of aircraft; hire of passenger motor vehicles and 
aircraft; purchase of liability insurance for motor vehicles operating 
in foreign countries on official department business; and uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
    Sec. 602. Such sums as may be necessary for fiscal year 2004 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 603. Appropriations contained in this Act for the Department 
of Transportation shall be available for services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the rate for an Executive Level IV.
    Sec. 604. None of the funds in this Act shall be available for 
salaries and expenses of more than 110 political and Presidential 
appointees in the Department of Transportation: Provided, That none of 
the personnel covered by this provision may be assigned on temporary 
detail outside the Department of Transportation.
    Sec. 605. None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 606. None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 607. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to section 
3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant to 
existing law.
    Sec. 608. None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code.
    Sec. 609. (a) No recipient of funds made available in this Act 
shall disseminate personal information (as defined in 18 U.S.C. 
2725(3)) obtained by a State department of motor vehicles in connection 
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as 
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
    (b) Notwithstanding subsection (a), no department or agency shall 
withhold funds provided in this Act for any grantee if a State is in 
noncompliance with this provision.
    Sec. 610. Funds received by the Federal Highway Administration, 
Federal Transit Administration, and Federal Railroad Administration 
from States, counties, municipalities, other public authorities, and 
private sources for expenses incurred for training may be credited 
respectively to the Federal Highway Administration's ``Federal-Aid 
Highways'' account, the Federal Transit Administration's ``Transit 
Planning and Research'' account, and to the Federal Railroad 
Administration's ``Safety and Operations'' account, except for State 
rail safety inspectors participating in training pursuant to 49 U.S.C. 
20105.
    Sec. 611. Notwithstanding any other provision of law, rule or 
regulation, the Secretary of Transportation is authorized to allow the 
issuer of any preferred stock heretofore sold to the Department to 
redeem or repurchase such stock upon the payment to the Department of 
an amount determined by the Secretary.
    Sec. 612. None of the funds in title I of this Act may be used to 
make a grant unless the Secretary of Transportation notifies the House 
and Senate Committees on Appropriations not less than 3 full business 
days before any discretionary grant award, letter of intent, or full 
funding grant agreement totaling $1,000,000 or more is announced by the 
department or its modal administrations from: (1) any discretionary 
grant program of the Federal Highway Administration other than the 
emergency relief program; (2) the airport improvement program of the 
Federal Aviation Administration; or (3) any program of the Federal 
Transit Administration other than the formula grants and fixed guideway 
modernization programs: Provided, That no notification shall involve 
funds that are not available for obligation.
    Sec. 613. For the purpose of any applicable law, for fiscal year 
2004, the city of Norman, Oklahoma, shall be considered to be part of 
the Oklahoma City Transportation Management Area.
    Sec. 614. None of the funds in this Act may be obligated for the 
Office of the Secretary of Transportation to approve assessments or 
reimbursable agreements pertaining to funds appropriated to the modal 
administrations in this Act, except for activities underway on the date 
of enactment of this Act, unless such assessments or agreements have 
completed the normal reprogramming process for Congressional 
notification.
    Sec. 615. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 616. Rebates, refunds, incentive payments, minor fees and 
other funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations 
of the Department of Transportation and allocated to elements of the 
Department of Transportation using fair and equitable criteria and such 
funds shall be available until expended.
    Sec. 617. Amounts made available in this or any other Act that the 
Secretary determines represent improper payments by the Department of 
Transportation to a third party contractor under a financial assistance 
award, which are recovered pursuant to law, shall be available--
            (1) to reimburse the actual expenses incurred by the 
        Department of Transportation in recovering improper payments; 
        and
            (2) to pay contractors for services provided in recovering 
        improper payments: Provided, That amounts in excess of that 
        required for paragraphs (1) and (2)--
                    (A) shall be credited to and merged with the 
                appropriation from which the improper payments were 
                made, and shall be available for the purposes and 
                period for which such appropriations are available; or
                    (B) if no such appropriation remains available, 
                shall be deposited in the Treasury as miscellaneous 
                receipts: Provided further, That prior to the transfer 
                of any such recovery to an appropriations account, the 
                Secretary shall notify the House and Senate Committees 
                on Appropriations of the amount and reasons for such 
                transfer: Provided further, That for purposes of this 
                section, the term ``improper payments,'' has the same 
                meaning as that provided in section 2(d)(2) of Public 
                Law 107-300.
    Sec. 618. The Secretary of Transportation is authorized to transfer 
the unexpended balances available for the bonding assistance program 
from ``Office of the Secretary, Salaries and expenses'' to ``Minority 
Business Outreach''.
    Sec. 619. None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, 
or policy that would prohibit the enforcement of section 307 of the 
Tariff Act of 1930.
    Sec. 620. No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service, and has 
within 90 days after his release from such service or from 
hospitalization continuing after discharge for a period of not more 
than 1 year, made application for restoration to his former position 
and has been certified by the Office of Personnel Management as still 
qualified to perform the duties of his former position and has not been 
restored thereto.
    Sec. 621. No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'').
    Sec. 622. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2004 from appropriations made available for salaries 
and expenses for fiscal year 2004 in this Act, shall remain available 
through September 30, 2005, 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 guidelines.
    Sec. 623. 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 investigation 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 
        circumstances involving national security.
    Sec. 624. For the purpose of resolving litigation and implementing 
any settlement agreements regarding the nonforeign area cost-of-living 
allowance program, the Office of Personnel Management 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. 625. No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 626. 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. 627. The provision of section 626 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. 628. For the purpose of assisting State-supported intercity 
rail service, in order to demonstrate whether competition will provide 
higher quality rail passenger service at reasonable prices, the 
Secretary of Transportation, working with affected States, shall 
develop and implement a procedure for fair competitive bidding by 
Amtrak and non-Amtrak operators for State-supported routes: Provided, 
That in the event a State desires to select or selects a non-Amtrak 
operator for the route, the State may make an agreement with Amtrak to 
use facilities and equipment of, or have services provided by, Amtrak 
under terms agreed to by the State and Amtrak to enable the non-Amtrak 
operator to provide the State-supported service: Provided further, That 
if the parties cannot agree on terms, the Secretary shall, as a 
condition of receipt of Federal grant funds, order that the facilities 
and equipment be made available and the services be provided by Amtrak 
under reasonable terms and compensation: Provided further, That when 
prescribing reasonable compensation to Amtrak, the Secretary shall 
consider quality of service as a major factor when determining whether, 
and the extent to which, the amount of compensation shall be greater 
than the incremental costs of using the facilities and providing the 
services: Provided further, That the Secretary may reprogram up to 
$5,000,000 from the Amtrak operating grant funds for costs associated 
with the implementation of the fair bid procedure and demonstration of 
competition under this section.
    Sec. 629. None of the funds provided in this Act, provided by 
previous appropriations Acts to the agencies or entities funded in this 
Act that remain available for obligation or expenditure in fiscal year 
2004, or provided 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 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 Appropriations for 
        a different purpose;
            (5) augments existing programs, projects, or activities in 
        excess of $5,000,000 or 10 percent, whichever is less; or
            (6) reduces existing programs, projects, or activities by 
        10 percent--
unless the House and Senate Committees on Appropriations are notified 
at least 15 days in advance of such reprogramming.
    Sec. 630. None of the funds made available in this Act may be used 
to require a State or local government to post a traffic control device 
or variable message sign, or any other type of traffic warning sign, in 
a language other than English, except with respect to the names of 
cities, streets, places, events, or signs related to an international 
border.
    Sec. 631. Exemption From Limitations on Procurement of Foreign 
Information Technology That Is a Commercial Item.--(a) Exemption.--
Notwithstanding any other provision of law, 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.), and the prohibition on 
acquiring foreign products under section 302(a)(1) of the Trade 
Agreements Act of 1979 (Public Law 96-39; 19 U.S.C. 2512(a)(1)), 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 commercial item (as defined in section 4(12) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).
    (b) Definition.--Section 11101(6) of title 40, United States Code, 
is amended--
            (1) in subparagraph (A), by inserting after ``storage,'' 
        the following: ``analysis, evaluation,''; and
            (2) in subparagraph (B), by striking ``ancillary 
        equipment,'' and inserting ``ancillary equipment (including 
        imaging peripherals, input, output, and storage devices 
        necessary for security and surveillance), peripheral equipment 
        designed to be controlled by the central processing unit of a 
        computer,''.
    Sec. 632. It is the sense of the House of Representatives that 
empowerment zones within cities should have the necessary flexibility 
to expand to include relevant communities so that empowerment zone 
benefits are equitably distributed.
    Sec. 633. It is the sense of the House of Representatives that all 
census tracts contained in an empowerment zone, either fully or 
partially, should be equitably accorded the same benefits.
    Sec. 634. None of the funds made available in this 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. 635. It is the sense of Congress that, after proper 
documentation, justification, and review, the Department of 
Transportation should consider programs to reimburse general aviation 
ground support services at Ronald Reagan Washington National Airport, 
and airports located within fifteen miles of Ronald Reagan Washington 
National Airport, for their financial losses due to Government actions 
after the terrorist attacks of September 11, 2001.
    Sec. 636. It is the sense of the House of Representatives that 
public private partnerships (PPPs) could help eliminate some of the 
cost drivers behind complex, capital-intensive highway and transit 
projects. The House of Representatives encourages the Secretary of 
Transportation to apply available funds to select projects that are in 
the development phase, eligible under title 23 and title 49, United 
States Code, except 23 U.S.C. 133(b)(8), and that employ a PPP 
strategy.

                     TITLE VII--GENERAL PROVISIONS

                Departments, Agencies, and Corporations

    Sec. 701. 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 threatening illness 
of said employee.
    Sec. 702. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 2004 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) by the officers and employees of such department, 
agency, or instrumentality.
    Sec. 703. 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, 
ambulances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $8,100 except station wagons for which the maximum 
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 be exceeded by the incremental cost of clean 
alternative fuels vehicles acquired pursuant to Public Law 101-549 over 
the cost of comparable conventionally fueled vehicles.
    Sec. 704. Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 705. Unless otherwise specified during the current fiscal 
year, no part of any appropriation contained in this or any other Act 
shall be used to pay the compensation of any officer or employee of the 
Government of the United States (including any agency the majority of 
the stock of which is owned by the Government of the United States) 
whose post of duty is in the continental United States unless such 
person: (1) is a citizen of the United States; (2) is a person in the 
service of the United States on the date of the enactment of this Act 
who, being eligible for citizenship, has filed a declaration of 
intention to become a citizen of the United States prior to such date 
and is actually residing in the United States; (3) is a person who owes 
allegiance to the United States; (4) is an alien from Cuba, Poland, 
South Vietnam, the countries of the former Soviet Union, or the Baltic 
countries lawfully admitted to the United States for permanent 
residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee 
paroled in the United States after January 1, 1975; or (6) is a 
national of the People's Republic of China who qualifies for adjustment 
of status pursuant to the Chinese Student Protection Act of 1992: 
Provided, That for the purpose of this section, an affidavit signed by 
any such person shall be considered prima facie evidence that the 
requirements of this section with respect to his or her status have 
been complied with: Provided further, That any person making a false 
affidavit shall be guilty of a felony, and, upon conviction, shall be 
fined no more than $4,000 or imprisoned for not more than 1 year, or 
both: Provided further, That the above penal clause shall be in 
addition to, and not in substitution for, any other provisions of 
existing law: Provided further, That any payment made to any officer or 
employee contrary to the provisions of this section shall be 
recoverable in action by the Federal Government. This section shall not 
apply to citizens of Ireland, Israel, or the Republic of the 
Philippines, or to nationals of those countries allied with the United 
States in a current defense effort, or to international broadcasters 
employed by the United States Information Agency, or to temporary 
employment of translators, or to temporary employment in the field 
service (not to exceed 60 days) as a result of emergencies.
    Sec. 706. Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the 
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable 
law.
    Sec. 707. In addition to funds provided in this or any other Act, 
all Federal agencies are authorized to receive and use funds resulting 
from the sale of materials, including Federal records disposed of 
pursuant to a records schedule recovered through recycling or waste 
prevention programs. Such funds shall be available until expended for 
the following purposes:
            (1) Acquisition, waste reduction and prevention, and 
        recycling programs as described in Executive Order No. 13101 
        (September 14, 1998), including any such programs adopted prior 
        to the effective date of the Executive order.
            (2) Other Federal agency environmental management programs, 
        including, but not limited to, the development and 
        implementation of hazardous waste management and pollution 
        prevention programs.
            (3) Other employee programs as authorized by law or as 
        deemed appropriate by the head of the Federal agency.
    Sec. 708. Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corporations 
and agencies subject to chapter 91 of title 31, United States Code, 
shall be available, in addition to objects for which such funds are 
otherwise available, for rent in the District of Columbia; services in 
accordance with 5 U.S.C. 3109; and the objects specified under this 
head, all the provisions of which shall be applicable to the 
expenditure of such funds unless otherwise specified in the Act by 
which they are made available: Provided, That in the event any 
functions budgeted as administrative expenses are subsequently 
transferred to or paid from other funds, the limitations on 
administrative expenses shall be correspondingly reduced.
    Sec. 709. No part of any appropriation for the current fiscal year 
contained in this or any other Act shall be paid to any person for the 
filling of any position for which he or she has been nominated after 
the Senate has voted not to approve the nomination of said person.
    Sec. 710. No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards 
(except Federal Executive Boards), commissions, councils, committees, 
or similar groups (whether or not they are interagency entities) which 
do not have a prior and specific statutory approval to receive 
financial support from more than one agency or instrumentality.
    Sec. 711. Funds made available by this or any other Act to the 
Postal Service Fund (39 U.S.C. 2003) shall be available for employment 
of guards for all buildings and areas owned or occupied by the Postal 
Service and under the charge and control of the Postal Service, and 
such guards shall have, with respect to such property, the powers of 
special policemen provided by the first section of the Act of June 1, 
1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to property 
owned or occupied by the Postal Service, the Postmaster General may 
take the same actions as the Administrator of General Services may take 
under the provisions of sections 2 and 3 of the Act of June 1, 1948, as 
amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto 
penal consequences under the authority and within the limits provided 
in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 
U.S.C. 318c).
    Sec. 712. None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to a 
resolution of disapproval duly adopted in accordance with the 
applicable law of the United States.
    Sec. 713. (a) Notwithstanding any other provision of law, and 
except as otherwise provided in this section, no part of any of the 
funds appropriated for fiscal year 2004, by this or any other Act, may 
be used to pay any prevailing rate employee described in section 
5342(a)(2)(A) of title 5, United States Code--
            (1) during the period from the date of expiration of the 
        limitation imposed by the comparable section for the previous 
        fiscal years until the normal effective date of the applicable 
        wage survey adjustment that is to take effect in fiscal year 
        2004, in an amount that exceeds the rate payable for the 
        applicable grade and step of the applicable wage schedule in 
        accordance with such section; and
            (2) during the period consisting of the remainder of fiscal 
        year 2004, in an amount that exceeds, as a result of a wage 
        survey adjustment, the rate payable under paragraph (1) by more 
        than the sum of--
                    (A) the percentage adjustment taking effect in 
                fiscal year 2004 under section 5303 of title 5, United 
                States Code, in the rates of pay under the General 
                Schedule; and
                    (B) the difference between the overall average 
                percentage of the locality-based comparability payments 
                taking effect in fiscal year 2004 under section 5304 of 
                such title (whether by adjustment or otherwise), and 
                the overall average percentage of such payments which 
                was effective in the previous fiscal year under such 
                section.
    (b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which subsection (a) is 
in effect at a rate that exceeds the rates that would be payable under 
subsection (a) were subsection (a) applicable to such employee.
    (c) For the purposes of this section, the rates payable to an 
employee who is covered by this section and who is paid from a schedule 
not in existence on September 30, 2003, shall be determined under 
regulations prescribed by the Office of Personnel Management.
    (d) Notwithstanding any other provision of law, rates of premium 
pay for employees subject to this section may not be changed from the 
rates in effect on September 30, 2003, except to the extent determined 
by the Office of Personnel Management to be consistent with the purpose 
of this section.
    (e) This section shall apply with respect to pay for service 
performed after September 30, 2003.
    (f) For the purpose of administering any provision of law 
(including any rule or regulation that provides premium pay, 
retirement, life insurance, or any other employee benefit) that 
requires any deduction or contribution, or that imposes any requirement 
or limitation on the basis of a rate of salary or basic pay, the rate 
of salary or basic pay payable after the application of this section 
shall be treated as the rate of salary or basic pay.
    (g) Nothing in this section shall be considered to permit or 
require the payment to any employee covered by this section at a rate 
in excess of the rate that would be payable were this section not in 
effect.
    (h) The Office of Personnel Management may provide for exceptions 
to the limitations imposed by this section if the Office determines 
that such exceptions are necessary to ensure the recruitment or 
retention of qualified employees.
    Sec. 714. During the period in which the head of any department or 
agency, or any other officer or civilian employee of the Government 
appointed by the President of the United States, holds office, no funds 
may be obligated or expended in excess of $5,000 to furnish or 
redecorate the office of such department head, agency head, officer, or 
employee, or to purchase furniture or make improvements for any such 
office, unless advance notice of such furnishing or redecoration is 
expressly approved by the Committees on Appropriations. For the 
purposes of this section, the term ``office'' shall include the entire 
suite of offices assigned to the individual, as well as any other space 
used primarily by the individual or the use of which is directly 
controlled by the individual.
    Sec. 715. Notwithstanding section 1346 of title 31, United States 
Code, or section 710 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 national security and emergency preparedness 
telecommunications initiatives which benefit multiple Federal 
departments, agencies, or entities, as provided by Executive Order No. 
12472 (April 3, 1984).
    Sec. 716. (a) None of the funds appropriated by this or any other 
Act may be obligated or expended by any Federal department, agency, or 
other instrumentality for the salaries or expenses of any employee 
appointed to a position of a confidential or policy-determining 
character excepted from the competitive service pursuant to section 
3302 of title 5, United States Code, without a certification to the 
Office of Personnel Management from the head of the Federal department, 
agency, or other instrumentality employing 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 intelligence 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 Investigation and the Drug Enforcement 
        Administration of the Department of Justice, the Department of 
        Transportation, the Department of the Treasury, and the 
        Department of Energy performing intelligence functions; and
            (7) the Director of Central Intelligence.
    Sec. 717. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for the 
current fiscal year 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 discrimination and 
sexual harassment and that all of its workplaces are not in violation 
of title VII of the Civil Rights Act of 1964, as amended, the Age 
Discrimination in Employment Act of 1967, and the Rehabilitation Act of 
1973.
    Sec. 718. 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 Government, who--
            (1) prohibits or prevents, or attempts or threatens to 
        prohibit or prevent, any other officer or employee of the 
        Federal Government from having any direct oral or written 
        communication or contact with any Member, committee, or 
        subcommittee of the Congress in connection with any matter 
        pertaining to the employment of such other officer or employee 
        or pertaining to the department or agency of such other officer 
        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 request or inquiry of 
        such Member, committee, or subcommittee; 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 discriminates 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 Government, 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 described in paragraph (1).
    Sec. 719. (a) None of the funds made available in this or any other 
Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance 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 Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.
    (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. 720. 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 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 (governing 
disclosures to Congress); section 1034 of title 10, United States Code, 
as amended by the Military Whistleblower Protection Act (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 (governing disclosures of illegality, waste, fraud, 
abuse or public health or safety threats); the Intelligence Identities 
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures 
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 agreement and are 
controlling.'': Provided, That notwithstanding the preceding paragraph, 
a nondisclosure policy form or agreement that is to be executed by a 
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United 
States Government, may contain provisions appropriate 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 information received in the course of such activity unless 
specifically 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 official of an executive 
agency or the Department of Justice that are essential to reporting a 
substantial violation of law.
    Sec. 721. 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-legislative relationships, for 
publicity or propaganda purposes, and for the preparation, distribution 
or use of any kit, pamphlet, booklet, publication, radio, television or 
film presentation designed to support or defeat legislation pending 
before the Congress, except in presentation to the Congress itself.
    Sec. 722. None of the funds appropriated by this or any other Act 
may be used by an agency to provide a Federal employee's home address 
to any labor organization except when the employee has authorized such 
disclosure or when such disclosure has been ordered by a court of 
competent jurisdiction.
    Sec. 723. 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 person or any organization outside of the 
Federal Government without the approval of the Committees on 
Appropriations.
    Sec. 724. No part of any appropriation contained in this or any 
other Act shall be used for publicity or propaganda purposes within the 
United States not heretofore authorized by the Congress.
    Sec. 725. Unless authorized in accordance with law or regulations 
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 system, including a Presidential appointee 
exempted under section 6301(2) of title 5, United States Code, has an 
obligation to expend an honest effort and a reasonable proportion of 
such employee's time in the performance of official duties: Provided, 
That 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 General Accounting Office.
    Sec. 726. Notwithstanding 31 U.S.C. 1346 and section 710 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 Improvement Program (JFMIP), shall be available to 
finance an appropriate share of JFMIP administrative costs, as 
determined by the JFMIP, but not to exceed a total of $800,000 
including the salary of the Executive Director and staff support.
    Sec. 727. Notwithstanding 31 U.S.C. 1346 and section 710 of this 
Act, the head of each Executive department and agency is hereby 
authorized to transfer to or reimburse the ``Governmentwide Policy'' 
account, General Services Administration, with the approval of the 
Director of the Office of Management and Budget, funds made available 
for the current fiscal year by this or any other Act, including rebates 
from charge card and other contracts. These funds shall be administered 
by the Administrator of General Services to support Government-wide 
financial, information technology, procurement, and other management 
innovations, initiatives, and activities, as approved by the Director 
of the Office of Management and Budget, in consultation with the 
appropriate interagency groups designated by the Director (including 
the Chief Financial Officers Council and the Joint Financial Management 
Improvement Program for financial management initiatives, the Chief 
Information Officers Council for information technology initiatives, 
and the Procurement Executives Council for procurement initiatives). 
The total funds transferred or reimbursed shall not exceed $17,000,000. 
Such transfers or reimbursements may only be made 15 days following 
notification of the Committees on Appropriations by the Director of the 
Office of Management and Budget.
    Sec. 728. 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 location.
    Sec. 729. Nothwithstanding section 1346 of title 31, United States 
Code, or section 710 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 Council (authorized by Executive Order No. 12881), which 
benefit multiple Federal departments, agencies, or entities: Provided, 
That the Office of Management and Budget shall provide a report 
describing the budget of and resources connected 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. 730. Any request for proposals, solicitation, grant 
application, form, notification, press release, or other publications 
involving the distribution of Federal funds shall indicate the agency 
providing the funds, the Catalog of Federal Domestic Assistance Number, 
as applicable,  and the amount provided. This provision shall apply to 
direct payments, formula funds, and grants received by a State 
receiving Federal funds.
    Sec. 731. Subsection (f) of section 403 of Public Law 103-356 (31 
U.S.C. 501 note) is amended by striking ``October 1, 2001'' and 
inserting ``October 1, 2004''.
    Sec. 732. (a) Prohibition of Federal Agency Monitoring of Personal 
Information on Use of Internet.--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 aggregate list, 
        derived from any means, that includes the collection of any 
        personally identifiable information relating to an individual'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 collect, review, or 
        obtain any aggregate list, derived from any means, that 
        includes the collection of any personally identifiable 
        information relating to an individual's access to or use of any 
        nongovernmental Internet site.
    (b) Exceptions.--The limitations established in subsection (a) 
shall not apply to--
            (1) any record of aggregate data that does not identify 
        particular persons;
            (2) any voluntary submission of personally identifiable 
        information;
            (3) any action taken for law enforcement, regulatory, 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 the rendition of the 
        Internet site services or to the protection of the rights or 
        property of the provider of the Internet site.
    (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to 
        implement, interpret or enforce authorities provided in law.
            (2) The term ``supervisory'' means examinations of the 
        agency's supervised institutions, including assessing safety 
        and soundness, overall financial condition, management 
        practices and policies and compliance with applicable standards 
        as provided in law.
    Sec. 733. (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 contraceptive 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 Health Plans, Inc.; and
            (2) any existing or future plan, if the carrier for the 
        plan objects to such coverage on the basis of religious 
        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 individual refuses to prescribe or 
otherwise provide for contraceptives because such activities would be 
contrary to the individual's religious beliefs or moral convictions.
    (d) Nothing in this section shall be construed to require coverage 
of abortion or abortion-related services.
    Sec. 734. 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. 735. Not later than 6 months after the date of enactment of 
this Act, the Inspector General of each applicable department or agency 
shall submit to the Committee on Appropriations a report detailing what 
policies and procedures are in place for each department or agency to 
give first priority to the location of new offices and other facilities 
in rural areas, as directed by the Rural Development Act of 1972.
    Sec. 736. 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 procedures to (a) 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 (b) 
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 
appropriate disciplinary 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. 737. Notwithstanding section 1346 of title 31, United States 
Code, or section 710 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 the National Oceanographic Partnership Program 
Office, authorized by 10 U.S.C. 7902, and the Coastal America program, 
which benefit multiple Federal departments, agencies, or entities: 
Provided, That the Department of Commerce shall provide a report 
describing the budget of and resources connected with the National 
Oceanographic Partnership Program Office and the Coastal America 
program to the House and Senate Committees on Appropriations, the House 
Committee on Science, and the Senate Committee on Commerce, Science, 
and Transportation 90 days after the enactment of this Act.
    Sec. 738. Section 640(c) of the Treasury and General Government 
Appropriations Act, 2000 (Public Law 106-58; 2 U.S.C. 437g note 1), as 
amended by section 642 of the Treasury and General Government 
Appropriations Act, 2002 (Public Law 107-67), is amended by striking 
``December 31, 2003'' and inserting ``December 31, 2005''.
    Sec. 739. Section 304(a) of the Federal Election Campaign Act of 
1971 (2 U.S.C. 434(a)) is amended as follows:
            (1) in clauses (a)(2)(A)(i) and (a)(4)(A)(ii) by striking 
        the parenthetical ``(or posted by registered or certified mail 
        no later than the 15th day before)'' and inserting in its 
        place, ``(or posted by any of the following: registered mail, 
        certified mail, priority mail having a delivery confirmation, 
        or express mail having a delivery confirmation, or delivered to 
        an overnight delivery service with an on-line tracking system, 
        if posted or delivered no later than the 15th day before)''; 
        and
            (2) by striking paragraph (a)(5) and inserting in its 
        place,
            ``(5) If a designation, report, or statement filed pursuant 
        to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii) 
        or subsection (g)(1)) is sent by registered mail, certified 
        mail, priority mail having a delivery confirmation, or express 
        mail having a delivery confirmation, the United States postmark 
        shall be considered the date of filing the designation, report 
        or statement. If a designation, report or statement filed 
        pursuant to this Act (other than under paragraph (2)(A)(i) or 
        (4)(A)(ii), or subsection (g)(1)) is sent by an overnight 
        delivery service with an on-line tracking system, the date on 
        the proof of delivery to the delivery service shall be 
        considered the date of filing of the designation, report, or 
        statement.''.
    Sec. 740. (a) The adjustment in rates of basic pay for employees 
under the statutory pay systems that takes effect in fiscal year 2004 
under sections 5303 and 5304 of title 5, United States Code, shall be 
an increase of 4.1 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, 2004.
    (b) Notwithstanding section 713 of this Act, the adjustment in 
rates of basic pay for the statutory pay systems that take place in 
fiscal year 2004 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 2004.
    Sec. 741. Not later than December 31 of each year, the head of each 
agency shall submit to Congress a report on the competitive sourcing 
activities performed during the previous fiscal year by Federal 
Government sources that are on the list required under the Federal 
Activities Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 
501 note). The report shall include--
            (1) the number of full time equivalent Federal employees 
        studied for competitive sourcing;
            (2) the total agency cost required to carry out its 
        competitive sourcing program;
            (3) the costs attributable to paying outside consultants 
        and contractors to carry out the agency's competitive sourcing 
        program;
            (4) the costs attributable to paying agency personnel to 
        carry out its competitive sourcing program; and
            (5) an estimate of the savings attributed as a result of 
        the agency competitive sourcing program.
    This Act may be cited as the ``Transportation, Treasury, and 
Independent Agencies Appropriations Act, 2004''.
                                                 Union Calendar No. 133

108th CONGRESS

  1st Session

                               H. R. 2989

                          [Report No. 108-243]

_______________________________________________________________________

                                 A BILL

    Making appropriations for the Departments of Transportation and 
Treasury, and independent agencies for the fiscal year ending September 
                   30, 2004, and for other purposes.

_______________________________________________________________________

                             July 30, 2003

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```