IB 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Transportation and Treasury and inde-
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1 pendent agencies for the fiscal year ending September 30, 

2 2004, and for other purposes, namely:

3 TITLE I 

4 DEPARTMENT OF TRANSPORTATION 

5 OFFICE OF THE SECRETARY 

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the Secretary, 

8 $93,577,000, of which not to exceed $2,212,000 shall be 

9 available for the immediate Office of the Secretary; not 

10 to exceed $841,000 shall be available for the immediate 

11 Office of the Deputy Secretary; not to exceed $15,560,000 

12 shall be available for the Office of the General Counsel; 

13 not to exceed $12,717,000 shall be available for the Office 

14 of the Under Secretary of Transportation for Policy; not 

15 to exceed $8,630,000 shall be available for the Office of 

16 the Assistant Secretary for Budget and Programs; not to 

17 exceed $2,518,000 shall be available for the Office of the 

18 Assistant Secretary for Governmental Affairs; not to ex19 ceed $28,882,000 shall be available for the Office of the 

20 Assistant Secretary for Administration; not to exceed 

21 $1,982,000 shall be available for the Office of Public Af22 fairs; not to exceed $1,447,000 shall be available for the 

23 Office of the Executive Secretariat; not to exceed 

24 $730,000 shall be available for the Board of Contract Ap25 peals; not to exceed $1,268,000 shall be available for the 
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1 Office of Small and Disadvantaged Business Utilization; 

2 not to exceed $16,565,000 shall be available for the Office 

3 of the Chief Information Officer; and not to exceed 

4 $225,000 shall be available for the Office of Intelligence 

5 and Security: Provided, That the Secretary of Transpor6 tation is authorized to transfer funds appropriated for any 

7 office of the Office of the Secretary to any other office 

8 of the Office of the Secretary: Provided further, That no 

9 appropriation for any office shall be increased or de10 creased by more than 5 percent by all such transfers: Pro11 vided further, That any change in funding greater than 

12 5 percent shall be submitted for approval to the House 

13 and Senate Committees on Appropriations: Provided fur14 ther, That not to exceed $60,000 shall be for allocation 

15 within the Department for official reception and represen16 tation expenses as the Secretary may determine: Provided 

17 further, That notwithstanding any other provision of law, 

18 excluding fees authorized in Public Law 107–71, there 

19 may be credited to this appropriation up to $2,500,000 

20 in funds received in user fees: Provided further, That none 

21 of the funds provided in this Act shall be available for 

22 the position of Assistant Secretary for Public Affairs. 

23 OFFICE OF CIVIL RIGHTS

24 For necessary expenses of the Office of Civil Rights, 

25 $8,569,000. 
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1 TRANSPORTATION PLANNING, RESEARCH, AND

2 DEVELOPMENT

3 For necessary expenses for conducting transportation 

4 planning, research, systems development, development ac5 tivities, and making grants, to remain available until ex6 pended, $8,336,000. 

7 WORKING CAPITAL FUND

8 Necessary expenses for operating costs and capital 

9 outlays of the Working Capital Fund, not to exceed 

10 $116,715,000, shall be paid from appropriations made 

11 available to the Department of Transportation: Provided,

12 That such services shall be provided on a competitive basis 

13 to entities within the Department of Transportation: Pro14 vided further, That the above limitation on operating ex15 penses shall not apply to non-DOT entities: Provided fur16 ther, That no funds appropriated in this Act to an agency 

17 of the Department shall be transferred to the Working 

18 Capital Fund without the approval of the agency modal 

19 administrator: Provided further, That no assessments may 

20 be levied against any program, budget activity, subactivity 

21 or project funded by this Act unless notice of such assess22 ments and the basis therefor are presented to the House 

23 and Senate Committees on Appropriations and are ap24 proved by such Committees. 
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1 MINORITY BUSINESS RESOURCE CENTER PROGRAM

2 For the cost of guaranteed loans, $500,000, as au3 thorized by 49 U.S.C. 332: Provided, That such costs, in4 cluding the cost of modifying such loans, shall be as de5 fined in section 502 of the Congressional Budget Act of 

6 1974: Provided further, That these funds are available to 

7 subsidize total loan principal, any part of which is to be 

8 guaranteed, not to exceed $18,367,000. In addition, for 

9 administrative expenses to carry out the guaranteed loan 

10 program, $400,000. 

11 MINORITY BUSINESS OUTREACH

12 For necessary expenses of Minority Business Re13 source Center outreach activities, $3,000,000, to remain 

14 available until September 30, 2005: Provided, That not15 withstanding 49 U.S.C. 332, these funds may be used for 

16 business opportunities related to any mode of transpor17 tation. 

18 NEW HEADQUARTERS BUILDING

19 For necessary expenses of the Department of Trans20 portation’s new headquarters building and related serv21 ices, $45,000,000, to remain available until expended. 

22 FEDERAL AVIATION ADMINISTRATION 

23 OPERATIONS

24 For necessary expenses of the Federal Aviation Ad25 ministration, not otherwise provided for, including oper-
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1 ations and research activities related to commercial space 

2 transportation, administrative expenses for research and 

3 development, establishment of air navigation facilities, the 

4 operation (including leasing) and maintenance of aircraft, 

5 subsidizing the cost of aeronautical charts and maps sold 

6 to the public, lease or purchase of passenger motor vehi7 cles for replacement only, in addition to amounts made 

8 available by Public Law 104–264, $7,532,000,000, of 

9 which $6,000,000,000 shall be derived from the Airport 

10 and Airway Trust Fund, of which not to exceed 

11 $6,076,724,000 shall be available for air traffic services 

12 program activities; not to exceed $870,505,000 shall be 

13 available for aviation regulation and certification program 

14 activities; not to exceed $218,481,000 shall be available 

15 for research and acquisition program activities; not to ex16 ceed $11,776,000 shall be available for commercial space 

17 transportation program activities; not to exceed 

18 $49,783,000 shall be available for financial services pro19 gram activities; not to exceed $75,367,000 shall be avail20 able for human resources program activities; not to exceed 

21 $87,749,000 shall be available for regional coordination 

22 program activities; not to exceed $140,429,000 shall be 

23 available for staff offices; and not to exceed $29,681,000 

24 shall be available for information services: Provided, That 

25 none of the funds in this Act shall be available for the 
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1 Federal Aviation Administration to finalize or implement 

2 any regulation that would promulgate new aviation user 

3 fees not specifically authorized by law after the date of 

4 the enactment of this Act: Provided further, That there 

5 may be credited to this appropriation funds received from 

6 States, counties, municipalities, foreign authorities, other 

7 public authorities, and private sources, for expenses in8 curred in the provision of agency services, including re9 ceipts for the maintenance and operation of air navigation 

10 facilities, and for issuance, renewal or modification of cer11 tificates, including airman, aircraft, and repair station cer12 tificates, or for tests related thereto, or for processing 

13 major repair or alteration forms: Provided further, That 

14 of the funds appropriated under this heading, not less 

15 than $7,500,000 shall be for the contract tower cost-shar16 ing program: Provided further, That funds may be used 

17 to enter into a grant agreement with a nonprofit standard18 setting organization to assist in the development of avia19 tion safety standards: Provided further, That none of the 

20 funds in this Act shall be available for new applicants for 

21 the second career training program: Provided further,

22 That none of the funds in this Act shall be available for 

23 paying premium pay under 5 U.S.C. 5546(a) to any Fed24 eral Aviation Administration employee unless such em25 ployee actually performed work during the time cor-
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1 responding to such premium pay: Provided further, That 

2 none of the funds in this Act may be obligated or expended 

3 to operate a manned auxiliary flight service station in the 

4 contiguous United States: Provided further, That none of 

5 the funds in this Act for aeronautical charting and cartog6 raphy are available for activities conducted by, or coordi7 nated through, the Working Capital Fund: Provided fur8 ther, That of the amount appropriated under this heading, 

9 not to exceed $50,000 may be transferred to the Aircraft 

10 Loan Purchase Guarantee Program: Provided further, 

11 That not later than March 1, 2004, the Secretary of 

12 Transportation, in consultation with the Administrator of 

13 the Federal Aviation Administration, shall issue final reg14 ulations, pursuant to 5 U.S.C. 8335, establishing an ex15 emption process allowing individual air traffic controllers 

16 to delay mandatory retirement until the employee reaches 

17 no later than 61 years of age: Provided further, That of 

18 the funds provided under this heading, $4,000,000 is 

19 available only for recruitment, personnel compensation 

20 and benefits, and related costs to raise the level of oper21 ational air traffic control supervisors to the level of 1,726: 

22 Provided further, That none of the funds in this Act may 

23 be obligated or expended to execute or continue to imple24 ment a memorandum of understanding or memorandum 

25 of agreement (or any revisions thereto) with representa-
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1 tives of any FAA bargaining unit unless such document 

2 is filed in a central registry and catalogued in an auto3 mated, searchable database under the executive direction 

4 of appropriate management representatives at FAA head5 quarters: Provided further, That none of the funds in this 

6 Act may be obligated or expended for an employee of the 

7 Federal Aviation Administration to purchase a store gift 

8 card or gift certificate through use of a government-issued 

9 credit card. 

10 PAYMENTS TO AIR CARRIERS

11 (AIRPORT ANDAIRWAY TRUST FUND)

12 For necessary expenses to carry out the essential air 

13 service program pursuant to 49 U.S.C. 41742(a), 

14 $63,000,000, to be derived from the airport and airway 

15 trust fund and to be available until expended. 

16 FACILITIES AND EQUIPMENT

17 (AIRPORT ANDAIRWAY TRUST FUND)

18 For necessary expenses, not otherwise provided for, 

19 for acquisition, establishment, technical support services, 

20 improvement by contract or purchase, and hire of air navi21 gation and experimental facilities and equipment, as au22 thorized under part A of subtitle VII of title 49, United 

23 States Code, including initial acquisition of necessary sites 

24 by lease or grant; engineering and service testing, includ25 ing construction of test facilities and acquisition of nec-
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1 essary sites by lease or grant; construction and furnishing 

2 of quarters and related accommodations for officers and 

3 employees of the Federal Aviation Administration sta4 tioned at remote localities where such accommodations are 

5 not available; and the purchase, lease, or transfer of air6 craft from funds available under this heading; to be de7 rived from the Airport and Airway Trust Fund, 

8 $2,900,000,000, of which $2,479,158,800 shall remain 

9 available until September 30, 2006, and of which 

10 $420,841,200 shall remain available until September 30, 

11 2004: Provided, That there may be credited to this appro12 priation funds received from States, counties, municipali13 ties, other public authorities, and private sources, for ex14 penses incurred in the establishment and modernization 

15 of air navigation facilities: Provided further, That upon ini16 tial submission to the Congress of the fiscal year 2005 

17 President’s budget, the Secretary of Transportation shall 

18 transmit to the Congress a comprehensive capital invest19 ment plan for the Federal Aviation Administration which 

20 includes funding for each budget line item for fiscal years 

21 2005 through 2009, with total funding for each year of 

22 the plan constrained to the funding targets for those years 

23 as estimated and approved by the Office of Management 

24 and Budget: Provided further, That of the funds provided 

25 for ‘‘In-plant NAS contract support services’’, $7,000,000 
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1 is only for contract audit services provided by the Defense 

2 Contract Audit Agency: Provided further, That of the 

3 funds provided under this heading, $20,000,000 is avail4 able only for the Houston Area Air Traffic System: Pro5 vided further, That none of the funds in this Act may be 

6 obligated or expended to implement section 106 of H.R. 

7 2115, as passed the House of Representatives on June 12, 

8 2003. 

9 RESEARCH, ENGINEERING, AND DEVELOPMENT

10 (AIRPORT ANDAIRWAY TRUST FUND)

11 For necessary expenses, not otherwise provided for, 

12 for research, engineering, and development, as authorized 

13 under part A of subtitle VII of title 49, United States 

14 Code, including construction of experimental facilities and 

15 acquisition of necessary sites by lease or grant, 

16 $108,000,000, to be derived from the Airport and Airway 

17 Trust Fund and to remain available until September 30, 

18 2006: Provided, That there may be credited to this appro19 priation funds received from States, counties, municipali20 ties, other public authorities, and private sources, for ex21 penses incurred for research, engineering, and develop22 ment. 
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1 GRANTS-IN-AIDFOR AIRPORTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (AIRPORT ANDAIRWAY TRUST FUND)

5 For liquidation of obligations incurred for grants-in6 aid for airport planning and development, and noise com7 patibility planning and programs as authorized under sub8 chapter I of chapter 471 and subchapter I of chapter 475 

9 of title 49, United States Code, and under other law au10 thorizing such obligations; for procurement, installation, 

11 and commissioning of runway incursion prevention devices 

12 and systems at airports of such title; for implementation 

13 of section 203 of Public Law 106–181; and for inspection 

14 activities and administration of airport safety programs, 

15 including those related to airport operating certificates 

16 under 49 U.S.C. 44706, $3,425,000,000, to be derived 

17 from the Airport and Airway Trust Fund and to remain 

18 available until expended: Provided, That none of the funds 

19 under this heading shall be available for the planning or 

20 execution of programs the obligations for which are in ex21 cess of $3,425,000,000 in fiscal year 2004, notwith22 standing 49 U.S.C. 47117(g): Provided further, That not23 withstanding any other provision of law, not more than 

24 $64,904,000 of funds limited under this heading shall be 

25 obligated for administration and not less than 
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1 $20,000,000 shall be for the Small Community Air Service 

2 Development Pilot Program. 

3 GENERAL PROVISIONS—FEDERAL AVIATION

4 ADMINISTRATION

5 SEC. 101. Notwithstanding any other provision of 

6 law, airports may transfer, without consideration, to the 

7 Federal Aviation Administration (FAA) instrument land8 ing systems (along with associated approach lighting 

9 equipment and runway visual range equipment) which 

10 conform to FAA design and performance specifications, 

11 the purchase of which was assisted by a Federal airport12 aid program, airport development aid program or airport 

13 improvement program grant: Provided, That, the Federal 

14 Aviation Administration shall accept such equipment, 

15 which shall thereafter be operated and maintained by FAA 

16 in accordance with agency criteria. 

17 SEC. 102. None of the funds in this Act may be used 

18 to compensate in excess of 350 technical staff-years under 

19 the federally funded research and development center con20 tract between the Federal Aviation Administration and the 

21 Center for Advanced Aviation Systems Development dur22 ing fiscal year 2004. 

23 SEC. 103. None of the funds made available in this 

24 Act may be used for engineering work related to an addi-
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1 tional runway at Louis Armstrong New Orleans Inter2 national Airport. 

3 SEC. 104. None of the funds in this Act shall be used 

4 to pursue or adopt guidelines or regulations requiring air5 port sponsors to provide to the Federal Aviation Adminis6 tration without cost building construction, maintenance, 

7 utilities and expenses, or space in airport sponsor-owned 

8 buildings for services relating to air traffic control, air 

9 navigation, or weather reporting: Provided, That the pro10 hibition of funds in this section does not apply to negotia11 tions between the agency and airport sponsors to achieve 

12 agreement on ‘‘below-market’’ rates for these items or to 

13 grant assurances that require airport sponsors to provide 

14 land without cost to the FAA for air traffic control facili15 ties. 

16 SEC. 105. For an airport project that the Adminis17 trator of the Federal Aviation Administration (FAA) de18 termines will add critical airport capacity to the national 

19 air transportation system, the Administrator is authorized 

20 to accept funds from an airport sponsor, including entitle21 ment funds provided under the ‘‘Grants-in-Aid for Air22 ports’’ program, for the FAA to hire additional staff or 

23 obtain the services of consultants: Provided, That the Ad24 ministrator is authorized to accept and utilize such funds 

25 only for the purpose of facilitating the timely processing, 
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1 review, and completion of environmental activities associ2 ated with such project. 

3 SEC. 106. None of the funds appropriated or limited 

4 by this Act may be used to change weight restrictions or 

5 prior permission rules at Teterboro Airport in Teterboro, 

6 New Jersey. 

7 SEC. 107. Notwithstanding any other provision of 

8 law, funds appropriated for official travel by Federal de9 partments and agencies may be used by such departments 

10 and agencies, if consistent with Office of Management and 

11 Budget circular A–126 regarding official travel for Gov12 ernment personnel, to participate in the fractional aircraft 

13 ownership pilot program. 

14 FEDERAL HIGHWAY ADMINISTRATION 

15 LIMITATION ON ADMINISTRATIVE EXPENSES

16 Necessary expenses for administration and operation 

17 of the Federal Highway Administration, not to exceed 

18 $359,458,000, shall be paid in accordance with law from 

19 appropriations made available by this Act to the Federal 

20 Highway Administration together with advances and reim21 bursements received by the Federal Highway Administra22 tion. 
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1 FEDERAL-AID HIGHWAYS

2 (LIMITATION ON OBLIGATIONS)

3 (HIGHWAY TRUST FUND)

4 None of the funds in this Act shall be available for 

5 the implementation or execution of programs, the obliga6 tions for which are in excess of $33,385,000,000 for Fed7 eral-aid highways and highway safety construction pro8 grams for fiscal year 2004: Provided, That within the 

9 $33,385,000,000 obligation limitation on Federal-aid 

10 highways and highway safety construction programs, not 

11 more than $462,500,000 shall be available for the imple12 mentation or execution of programs for transportation re13 search (sections 502, 503, 504, 506, 507, and 508 of title 

14 23, United States Code, as amended; section 5505 of title 

15 49, United States Code, as amended; and sections 5112 

16 and 5204–5209 of Public Law 105–178) for fiscal year 

17 2004: Provided further, That this limitation on transpor18 tation research programs shall not apply to any authority 

19 previously made available for obligation. 

20 FEDERAL-AID HIGHWAYS

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (HIGHWAY TRUST FUND)

23 For carrying out the provisions of title 23, United 

24 States Code, that are attributable to Federal-aid high25 ways, including the National Scenic and Recreational 

26 Highway as authorized by 23 U.S.C. 148, not otherwise 
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1 provided, including reimbursement for sums expended 

2 pursuant to the provisions of 23 U.S.C. 308, 

3 $34,000,000,000 or so much thereof as may be available 

4 in and derived from the Highway Trust Fund, to remain 

5 available until expended. 

6 (RESCISSION)

7 Of the unobligated balances of funds apportioned to 

8 each state under the program authorized under sections 

9 1101(a)(1), 1101(a)(2), and 1101(a)(3), 1101(a)(4), and 

10 1101(a)(5) of Public Law 105–178, as amended, 

11 $137,000,000 are rescinded. 

12 FEDERAL-AID HIGHWAYS

13 (HIGHWAY TRUST FUND)

14 For an additional amount for Federal-aid highways 

15 and highway safety construction programs pursuant to 

16 title 23, United States Code, $400,000,000, to be derived 

17 from the Highway Trust Fund (other than the Mass Tran18 sit Account) and to remain available until expended: Pro19 vided, That amounts under this heading shall be distrib20 uted in the same manner as if made available under 23 

21 U.S.C. 110: Provided further, That the amounts under this 

22 heading shall not be subject to, or computed against, any 

23 obligation limitation or contract authority set forth in this 

24 Act or any other Act: Provided further, That, before such 

25 allocation and distribution are made, $133,450,000 shall 

26 be retained for surface transportation projects. 
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1 GENERAL PROVISIONS—FEDERAL HIGHWAY

2 ADMINISTRATION

3 SEC. 110. (a) For fiscal year 2004, the Secretary of 

4 Transportation shall—

5 (1) not distribute from the obligation limitation 

6 for Federal-aid Highways amounts authorized for 

7 administrative expenses and programs funded from 

8 the administrative takedown authorized by section 

9 104(a)(1)(A) of title 23, United States Code, for the 

10 highway use tax evasion program, and for the Bu11 reau of Transportation Statistics; 

12 (2) not distribute an amount from the obliga13 tion limitation for Federal-aid Highways that is 

14 equal to the unobligated balance of amounts made 

15 available from the Highway Trust Fund (other than 

16 the Mass Transit Account) for Federal-aid highways 

17 and highway safety programs for the previous fiscal 

18 year the funds for which are allocated by the Sec19 retary; 

20 (3) determine the ratio that—

21 (A) the obligation limitation for Federal22 aid Highways less the aggregate of amounts not 

23 distributed under paragraphs (1) and (2), bears 

24 to 
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1 (B) the total of the sums authorized to be 

2 appropriated for Federal-aid highways and 

3 highway safety construction programs (other 

4 than sums authorized to be appropriated for 

5 sections set forth in paragraphs (1) through (7) 

6 of subsection (b) and sums authorized to be ap7 propriated for section 105 of title 23, United 

8 States Code, equal to the amount referred to in 

9 subsection (b)(8)) for such fiscal year less the 

10 aggregate of the amounts not distributed under 

11 paragraph (1) of this subsection; 

12 (4) distribute the obligation limitation for Fed13 eral-aid Highways less the aggregate amounts not 

14 distributed under paragraphs (1) and (2) for section 

15 201 of the Appalachian Regional Development Act 

16 of 1965, and $2,000,000,000 for such fiscal year 

17 under section 105 of title 23, United States Code 

18 (relating to minimum guarantee) so that the amount 

19 of obligation authority available for each of such sec20 tions is equal to the amount determined by multi21 plying the ratio determined under paragraph (3) by 

22 the sums authorized to be appropriated for such sec23 tion (except in the case of section 105, 

24 $2,000,000,000) for such fiscal year; 
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1 (5) distribute the obligation limitation provided 

2 for Federal-aid Highways less the aggregate 

3 amounts not distributed under paragraphs (1) and 

4 (2) and amounts distributed under paragraph (4) 

5 for each of the programs that are allocated by the 

6 Secretary under title 23, United States Code (other 

7 than activities to which paragraph (1) applies and 

8 programs to which paragraph (4) applies) by multi9 plying the ratio determined under paragraph (3) by 

10 the sums authorized to be appropriated for such pro11 gram for such fiscal year; and 

12 (6) distribute the obligation limitation provided 

13 for Federal-aid Highways less the aggregate 

14 amounts not distributed under paragraphs (1) and 

15 (2) and amounts distributed under paragraphs (4) 

16 and (5) for Federal-aid highways and highway safety 

17 construction programs (other than the minimum 

18 guarantee program, but only to the extent that 

19 amounts apportioned for the minimum guarantee 

20 program for such fiscal year exceed $2,639,000,000, 

21 and the Appalachian development highway system 

22 program) that are apportioned by the Secretary 

23 under title 23, United States Code, in the ratio 

24 that—
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1 (A) sums authorized to be appropriated for 

2 such programs that are apportioned to each 

3 State for such fiscal year, bear to 

4 (B) the total of the sums authorized to be 

5 appropriated for such programs that are appor6 tioned to all States for such fiscal year. 

7 (b) The obligation limitation for Federal-aid High8 ways shall not apply to obligations: (1) under section 125 

9 of title 23, United States Code; (2) under section 147 of 

10 the Surface Transportation Assistance Act of 1978; (3) 

11 under section 9 of the Federal-Aid Highway Act of 1981; 

12 (4) under sections 131(b) and 131(j) of the Surface 

13 Transportation Assistance Act of 1982; (5) under sections 

14 149(b) and 149(c) of the Surface Transportation and Uni15 form Relocation Assistance Act of 1987; (6) under sec16 tions 1103 through 1108 of the Intermodal Surface 

17 Transportation Efficiency Act of 1991; (7) under section 

18 157 of title 23, United States Code, as in effect on the 

19 day before the date of the enactment of the Transpor20 tation Equity Act for the 21st Century; and (8) under sec21 tion 105 of title 23, United States Code (but, only in an 

22 amount equal to $639,000,000 for such fiscal year). 

23 (c) Notwithstanding subsection (a), the Secretary 

24 shall after August 1 for such fiscal year revise a distribu25 tion of the obligation limitation made available under sub-
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1 section (a) if a State will not obligate the amount distrib2 uted during that fiscal year and redistribute sufficient 

3 amounts to those States able to obligate amounts in addi4 tion to those previously distributed during that fiscal year 

5 giving priority to those States having large unobligated 

6 balances of funds apportioned under sections 104 and 144 

7 of title 23, United States Code, section 160 (as in effect 

8 on the day before the enactment of the Transportation Eq9 uity Act for the 21st Century) of title 23, United States 

10 Code, and under section 1015 of the Intermodal Surface 

11 Transportation Efficiency Act of 1991 (105 Stat. 1943–

12 1945). 

13 (d) The obligation limitation shall apply to transpor14 tation research programs carried out under chapter 5 of 

15 title 23, United States Code, except that obligation au16 thority made available for such programs under such limi17 tation shall remain available for a period of 3 fiscal years. 

18 (e) Not later than 30 days after the date of the dis19 tribution of obligation limitation under subsection (a), the 

20 Secretary shall distribute to the States any funds: (1) that 

21 are authorized to be appropriated for such fiscal year for 

22 Federal-aid highways programs (other than the program 

23 under section 160 of title 23, United States Code) and 

24 for carrying out subchapter I of chapter 311 of title 49, 

25 United States Code, and highway-related programs under 
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1 chapter 4 of title 23, United States Code; and (2) that 

2 the Secretary determines will not be allocated to the 

3 States, and will not be available for obligation, in such 

4 fiscal year due to the imposition of any obligation limita5 tion for such fiscal year. Such distribution to the States 

6 shall be made in the same ratio as the distribution of obli7 gation authority under subsection (a)(6). The funds so 

8 distributed shall be available for any purposes described 

9 in section 133(b) of title 23, United States Code. 

10 (f) Obligation limitation distributed for a fiscal year 

11 under subsection (a)(4) of this section for a section set 

12 forth in subsection (a)(4) shall remain available until used 

13 and shall be in addition to the amount of any limitation 

14 imposed on obligations for Federal-aid highway and high15 way safety construction programs for future fiscal years. 

16 SEC. 111. Notwithstanding any other provision of 

17 law, whenever an allocation is made of the sums author18 ized to be appropriated for expenditure on the Federal 

19 lands highway program, and whenever an apportionment 

20 is made of the sums authorized to be appropriated for ex21 penditure on the surface transportation program, the con22 gestion mitigation and air quality improvement program, 

23 the National Highway System, the Interstate maintenance 

24 program, the bridge program, the Appalachian develop25 ment highway system, and the minimum guarantee pro-
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1 gram, the Secretary of Transportation shall deduct a sum 

2 in such amount not to exceed 1.35 percent of all sums 

3 so made available, as the Secretary determines necessary 

4 to administer the provisions of law to be financed from 

5 appropriations for the programs authorized under chap6 ters 1 and 2 of title 23, United States Code, and to make 

7 transfers in accordance with section 104(a)(1)(A)(ii) of 

8 title 23, United States Code: Provided, That any deduction 

9 by the Secretary of Transportation in accordance with this 

10 subsection shall be deemed to be a deduction under section 

11 104(a)(1)(A) of title 23, United States Code, and the sum 

12 so deducted shall remain available until expended. 

13 SEC. 112. Notwithstanding 31 U.S.C. 3302, funds re14 ceived by the Bureau of Transportation Statistics from the 

15 sale of data products, for necessary expenses incurred pur16 suant to 49 U.S.C. 111 may be credited to the Federal17 aid highways account for the purpose of reimbursing the 

18 Bureau for such expenses: Provided, That such funds shall 

19 be subject to the obligation limitation for Federal-aid 

20 highways and highway safety construction. 

21 SEC. 113. Notwithstanding any other provision of 

22 law: 

23 (1) Section 1105(c) of the Intermodal Surface 

24 Transportation Efficiency Act of 1991 (105 Stat. 

25 2032; 112 Stat. 191; 115 Stat. 871) is amended—
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1 (A) in paragraph (42), by striking ‘‘Ful2 ton, Mississippi,’’ the first time that it appears 

3 and all that follows to the end of the paragraph 

4 and inserting ‘‘Fulton, Mississippi.’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(45) The United States Route 78 Corridor 

7 from Memphis, Tennessee, to Corridor X of the Ap8 palachian development highway system near Fulton, 

9 Mississippi, and Corridor X of the Appalachian de10 velopment highway system extending from near Ful11 ton, Mississippi, to near Birmingham, Alabama.’’. 

12 (2) Section 1105(e)(5) of the Intermodal Sur13 face Transportation Efficiency Act of 1991 (105 

14 Stat. 2032; 115 Stat. 872) is amended—

15 (A) in subparagraph (A) by striking ‘‘(A) 

16 IN GENERAL.—The portions’’ and all that fol17 lows through the end of the first sentence and 

18 inserting: 

19 ‘‘(A) IN GENERAL.—The portions of the 

20 routes referred to in subsection (c)(1), sub21 section (c)(3) (relating solely to the Kentucky 

22 Corridor), clauses (i), (ii), and (except with re23 spect to Georgetown County) (iii) of subsection 

24 (c)(5)(B), subsection (c)(9), subsections (c)(18) 

25 and (c)(20), subsection (c)(36), subsection 
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1 (c)(37), subsection (c)(40), subsection (c)(42), 

2 and subsection (c)(45) that are not a part of 

3 the Interstate System are designated as future 

4 parts of the Interstate System.’’; and 

5 (B) by adding the following at the end of 

6 subparagraph (B)(i): ‘‘The route referred to in 

7 subsection (c)(45) is designated as Interstate 

8 Route I–22.’’. 

9 SEC. 114. None of the funds limited or made avail10 able in this Act shall be available to carry out 23 U.S.C. 

11 133(d)(2). 

12 SEC. 115. Notwithstanding any other provision of 

13 law, in section 1602 of the Transportation Equity Act for 

14 the 21st Century—

15 (1) item number 230 is amended by striking 

16 ‘‘Monroe County transportation improvements on 

17 Long Pond Road, Pattonwood Road, and Lyell 

18 road’’ and inserting ‘‘Route 531/Brockport-Roch19 ester Corridor in Monroe County, New York’’. 

20 (2) Item number 1149 is amended by striking 

21 ‘‘Traffic Mitigation Project on William Street and 

22 Losson Road in Cheektowaga’’ and inserting ‘‘Study 

23 and implement mitigation and diversion options for 

24 William Street and Broadway Street in 

25 Cheektowaga, I–90 Corridor Study; Interchange 53 
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1 to Interchange 49, PIN 552830 and Cheektowaga 

2 Rails to Trails, PIN 575508’’. 

3 (3) Item number 476 is amended by striking 

4 ‘‘Expand Perkins Road in Baton Rouge’’ and insert5 ing ‘‘Feasibility study, design, and construction of a 

6 connector between Louisiana Highway 1026 and I–

7 12 in Livingston Parish’’. 

8 (4) Item 4 of the table contained in section 

9 1602 of the Transportation Equity Act for the 21st 

10 Century, relating to construction of a bike path in 

11 Michigan, is amended by striking ‘‘between Mount 

12 Clemens and New Baltimore’’ and inserting ‘‘for the 

13 Macomb Orchard Trail in Macomb County’’. 

14 SEC. 116. Intelligent Transportation Systems appro15 priations made to the State of Wisconsin in Public Law 

16 105–277, Public Law 106–69, and Public Law 107–87 

17 shall not be subject to the limitations of Public Law 105–

18 178, sec. 5208(d), 23 U.S.C. sec. 502 (Notes). 

19 SEC. 117. Notwithstanding Public Law 105–178, sec. 

20 5208(d), Intelligent Transportation Systems appropria21 tions for—

22 (1) Wausau-Stevens Point-Wisconsin Rapids, 

23 Wisconsin, in Public Law 105–277 and Public Law 

24 106–69 shall be available for use in the counties of 

25 Ashland, Barron, Bayfield, Burnett, Chippewa, 
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1 Douglas, Iron, Lincoln, Marathon, Polk, Portage, 

2 Price, Rusk, Sawyer, Taylor, Washburn, Wood, 

3 Clark, Langlade, and Oneida; and 

4 (2) the City of Superior and Douglas County, 

5 Wisconsin, in Public Law 106–69 shall be available 

6 for use in the City of Superior and northern Wis7 consin. 

8 SEC. 118. Notwithstanding any other provision of 

9 law, for the purpose of assisting in the development, con10 struction and financing of additional improvements to the 

11 Alameda Corridor, including construction of a truck ex12 pressway or other enhancements, the Secretary of Trans13 portation shall modify the loan agreement entered into 

14 with the Alameda Corridor Transportation Authority pur15 suant to Public Law 104–208 to revise the interest rate 

16 to equal the average yield, as of the date of modification 

17 of the loan agreement, on marketable Treasury securities 

18 of similar maturity to the expected remaining average life 

19 of the loan: Provided, That notwithstanding any other pro20 vision of law, such modification shall be deemed to be eligi21 ble under section 184 of title 23, United States Code, and 

22 shall be funded under section 188 of title 23, United 

23 States Code: Provided further, That the Secretary may re24 vise the interest rate or modify other terms of the existing 

25 loan agreement to the extent that the marginal budgetary 
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1 costs, if any, of such modifications do not exceed 

2 $80,000,000 and are funded under section 188 of title 23, 

3 United States Code. 

4 SEC. 119. (a) IN GENERAL.—As soon as practicable 

5 after the date of enactment of this Act, the Secretary of 

6 Transportation shall enter into an agreement with the 

7 State of Nevada, the State of Arizona, or both, to provide 

8 a method of funding for construction of a Hoover Dam 

9 Bypass Bridge from funds allocated for the Federal Lands 

10 Highway Program under section 202(b) of title 23, United 

11 States Code. 

12 (b) METHODS OF FUNDING.—

13 (1) The agreement entered into under sub14 section (a) shall provide for funding in a manner 

15 consistent with the advance construction and debt 

16 instrument financing procedures for Federal-aid 

17 highways set forth in section 115 and 122 of title 

18 23, except that the funding source may include 

19 funds made available under the Federal Lands 

20 Highway Program. 

21 (2) Eligibility for funding under this subsection 

22 shall not be construed as a commitment, guarantee, 

23 or obligation on the part of the United States to 

24 provide for payment of principal or interest of an eli25 gible debt financing instrument as so defined in sec-
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1 tion 122, nor create a right of a third party against 

2 the United States for payment under an eligible debt 

3 financing instrument. The agreement entered into 

4 pursuant to subsection (a) shall make specific ref5 erence to this provision of law. 

6 (3) The provisions of this section do not limit 

7 the use of other available funds for which the project 

8 referenced in subsection (a) is eligible. 

9 FEDERAL MOTOR CARRIER SAFETY 

10 ADMINISTRATION 

11 MOTOR CARRIER SAFETY

12 (LIMITATION ON ADMINISTRATIVE EXPENSES)

13 (HIGHWAY TRUST FUND)

14 For necessary expenses for administration of motor 

15 carrier safety programs and motor carrier safety research, 

16 pursuant to section 104(a)(1)(B) of title 23, United States 

17 Code, not to exceed $236,753,000 shall be paid in accord18 ance with law from appropriations made available by this 

19 Act and from any available take-down balances to the Fed20 eral Motor Carrier Safety Administration, together with 

21 advances and reimbursements received by the Federal 

22 Motor Carrier Safety Administration: Provided, That such 

23 amounts shall be available to carry out the functions and 

24 operations of the Federal Motor Carrier Safety Adminis25 tration. 
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1 NATIONAL MOTOR CARRIER SAFETY PROGRAM

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 Notwithstanding any other provision of law, for pay6 ment of obligations incurred in carrying out 49 U.S.C. 

7 31102, 31106 and 31309, $190,000,000, to be derived 

8 from the Highway Trust Fund and to remain available 

9 until expended: Provided, That none of the funds in this 

10 Act shall be available for the implementation or execution 

11 of programs the obligations for which are in excess of 

12 $190,000,000 for ‘‘Motor Carrier Safety Grants’’ and ‘‘In13 formation Systems’’. 

14 BORDER ENFORCEMENT PROGRAM

15 (HIGHWAY TRUST FUND)

16 For necessary expenses to continue the Border En17 forcement Program authorized under section 350 of the 

18 Department of Transportation and Related Agencies Ap19 propriations Act, 2002, $47,000,000, to be derived from 

20 the Highway Trust Fund (other than the Mass Transit 

21 Account) and to remain available until expended.

22 GENERAL PROVISIONS—FEDERAL MOTOR CARRIER

23 SAFETY ADMINISTRATION

24 SEC. 130. Notwithstanding any other provision of 

25 law, whenever an allocation is made of the sums author26 ized to be appropriated for expenditure on the Federal 
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1 lands highway program, and whenever an apportionment 

2 is made of the sums authorized to be appropriated for ex3 penditure on the surface transportation program, the con4 gestion mitigation and air quality improvement program, 

5 the National Highway System, the Interstate maintenance 

6 program, the bridge program, the Appalachian develop7 ment highway system, and the minimum guarantee pro8 gram, the Secretary of Transportation shall deduct a sum 

9 in such amount not to exceed .90 percent of all sums so 

10 made available, as the Secretary determines necessary, to 

11 administer the provisions of law to be financed from ap12 propriations for motor carrier safety programs and motor 

13 carrier safety research: Provided, That any deduction by 

14 the Secretary of Transportation in accordance with this 

15 subsection shall be deemed to be a deduction under section 

16 104(a)(1)(B) of title 23, United States Code, and the sum 

17 so deducted shall remain available until expended. 

18 SEC. 131. None of the funds appropriated, limited, 

19 or made available in this Act shall be used to implement 

20 or enforce any provision of the Final Rule issued on April 

21 16, 2003 (Docket No. FMCSA–97–2350) as it applies to 

22 operators of utility service vehicles as defined in 49 CFR 

23 section 395.2. 

24 SEC. 132. Funds appropriated or limited in this Act 

25 shall be subject to the terms and conditions stipulated in 
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1 section 350 of Public Law 107–87, including that the Sec2 retary submit a report to the House and Senate Appro3 priations Committees annually on the safety and security 

4 of transportation into the United States by Mexico-domi5 ciled motor carriers. 

6 NATIONAL HIGHWAY TRAFFIC SAFETY 

7 ADMINISTRATION 

8 OPERATIONS AND RESEARCH

9 For expenses necessary to discharge the functions of 

10 the Secretary, with respect to traffic and highway safety 

11 under chapter 301 of title 49, United States Code, and 

12 part C of subtitle VI of title 49, United States Code, 

13 $206,178,000, of which $171,110,000 shall remain avail14 able until September 30, 2006: Provided, That none of the 

15 funds appropriated by this Act may be obligated or ex16 pended to plan, finalize, or implement any rulemaking to 

17 add to section 575.104 of title 49 of the Code of Federal 

18 Regulations any requirement pertaining to a grading 

19 standard that is different from the three grading stand20 ards (treadwear, traction, and temperature resistance) al21 ready in effect. 
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1 OPERATIONS AND RESEARCH

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

6 the provisions of 23 U.S.C. 403, to remain available until 

7 expended, $72,000,000, to be derived from the Highway 

8 Trust Fund: Provided, That none of the funds in this Act 

9 shall be available for the planning or execution of pro10 grams the total obligations for which, in fiscal year 2004, 

11 are in excess of $72,000,000 for programs authorized 

12 under 23 U.S.C. 403. 

13 NATIONAL DRIVER REGISTER

14 (HIGHWAY TRUST FUND)

15 For expenses necessary to discharge the functions of 

16 the Secretary with respect to the National Driver Register 

17 under chapter 303 of title 49, United States Code, 

18 $3,600,000, to be derived from the Highway Trust Fund, 

19 and to remain available until expended. 

20 HIGHWAY TRAFFIC SAFETY GRANTS

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (LIMITATION ON OBLIGATIONS)

23 (HIGHWAY TRUST FUND)

24 Notwithstanding any other provision of law, for pay25 ment of obligations incurred in carrying out the provisions 

26 of 23 U.S.C. 402, 405, and 410, to remain available until 
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1 expended, $225,000,000, to be derived from the Highway 

2 Trust Fund: Provided, That none of the funds in this Act 

3 shall be available for the planning or execution of pro4 grams the total obligations for which, in fiscal year 2004, 

5 are in excess of $225,000,000 for programs authorized 

6 under 23 U.S.C. 402, 405, and 410, of which 

7 $165,000,000 shall be for ‘‘Highway Safety Programs’’ 

8 under 23 U.S.C. 402, $20,000,000 shall be for ‘‘Occupant 

9 Protection Incentive Grants’’ under 23 U.S.C. 405, and 

10 $40,000,000 shall be for ‘‘Alcohol-Impaired Driving Coun11 termeasures Grants’’ under 23 U.S.C. 410: Provided fur12 ther, That none of these funds shall be used for construc13 tion, rehabilitation, or remodeling costs, or for office fur14 nishings and fixtures for State, local, or private buildings 

15 or structures: Provided further, That not to exceed 

16 $8,150,000 of the funds made available for section 402, 

17 not to exceed $1,000,000 of the funds made available for 

18 section 405, and not to exceed $2,000,000 of the funds 

19 made available for section 410 shall be available to 

20 NHTSA for administering highway safety grants under 

21 chapter 4 of title 23, United States Code: Provided further,

22 That not to exceed $2,600,000 of the funds made available 

23 for section 157, and $2,600,000 of the funds made avail24 able for section 163, shall be available to NHTSA for ad25 ministering highway safety grants under chapter 1 of title 
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1 23, United States Code: Provided further, That not to ex2 ceed $500,000 of the funds made available for section 410 

3 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ 

4 shall be available for technical assistance to the States. 

5 GENERAL PROVISIONS—NATIONAL HIGHWAY TRAFFIC

6 SAFETY ADMINISTRATION

7 SEC. 140. Notwithstanding any other provision of 

8 law, States may use funds provided in this Act under sec9 tion 402 of title 23, United States Code, to produce and 

10 place highway safety public service messages in television, 

11 radio, cinema, and print media, and on the Internet in 

12 accordance with guidance issued by the Secretary of 

13 Transportation: Provided, That any state that uses funds 

14 for such public service messages shall submit to the Sec15 retary and the House and Senate Committees on Appro16 priations a report describing and assessing the effective17 ness of the messages: Provided further, That $10,000,000 

18 of the funds allocated for innovative seat belt projects 

19 under section 157 of title 23, United States Code, and 

20 $12,000,000 of funds allocated under section 163 of title 

21 23, United States Code, shall be used as directed by the 

22 National Highway Traffic Safety Administrator, to pur23 chase advertising in broadcast media to support the na24 tional mobilizations conducted in all fifty states, aimed at 

25 increasing seat belt use and reducing impaired driving: 
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1 Provided further, That up to $2,000,000 of the funds allo2 cated under section 163 of title 23, United States Code, 

3 shall be used by the Administrator to evaluate the effec4 tiveness of alcohol-impaired driving programs that pur5 chase advertising as provided by this section. 

6 SEC. 141. None of the funds made available by this 

7 Act may be used for the purpose of enforcing compliance 

8 with 49 CFR section 579.24, promulgated by the National 

9 Highway Traffic Safety Administration in accordance with 

10 section 30166(m) of title 49, United States Code, with re11 spect to trailers rated at 26,000 pounds or less gross vehi12 cle weight. 

13 FEDERAL RAILROAD ADMINISTRATION 

14 SAFETY AND OPERATIONS

15 For necessary expenses of the Federal Railroad Ad16 ministration, not otherwise provided for, $130,922,000, of 

17 which $11,712,000 shall remain available until expended. 

18 RAILROAD RESEARCH AND DEVELOPMENT

19 For necessary expenses for railroad research and de20 velopment, $28,225,000, to remain available until ex21 pended. 
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1 RAILROAD REHABILITATION AND IMPROVEMENT

2 PROGRAM

3 (LIMITATION ON DIRECT LOANS AND LOAN GUARANTEES)

4 The Secretary of Transportation is authorized to 

5 issue to the Secretary of the Treasury notes or other obli6 gations pursuant to section 512 of the Railroad Revitaliza7 tion and Regulatory Reform Act of 1976 (Public Law 94–

8 210), as amended, in such amounts and at such times as 

9 may be necessary to pay any amounts required pursuant 

10 to the guarantee of the principal amount of obligations 

11 under sections 511 through 513 of such Act, such author12 ity to exist as long as any such guaranteed obligation is 

13 outstanding: Provided, That pursuant to section 502 of 

14 such Act, as amended, no new direct loans or loan guar15 antee commitments shall be made using Federal funds for 

16 the credit risk premium during fiscal year 2004. 

17 NEXT GENERATION HIGH-SPEED RAIL

18 For necessary expenses for the Next Generation 

19 High-Speed Rail program as authorized under 49 U.S.C. 

20 26101 and 26102, $28,250,000, to remain available until 

21 expended. 

22 GRANTS TO THE NATIONAL RAILROAD PASSENGER

23 CORPORATION

24 To enable the Secretary of Transportation to make 

25 grants to the National Railroad Passenger Corporation, 
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1 $900,000,000, to remain available until September 30, 

2 2004, including $400,000,000 for quarterly grants for op3 erating expenses, $373,000,000 for quarterly grants for 

4 capital expenses along the Northeast Corridor Mainline, 

5 and $127,000,000 for quarterly grants for general capital 

6 improvements: Provided, That the Secretary of Transpor7 tation shall approve funding to cover operating losses and 

8 a long-distance train of the National Railroad Passenger 

9 Corporation only after receiving and reviewing a grant re10 quest for each specific train route: Provided further, That 

11 each such grant request shall be accompanied by a de12 tailed financial analysis and revenue projection justifying 

13 the federal support to the Secretary’s satisfaction: Pro14 vided further, That the Secretary of Transportation and 

15 the Amtrak Board of Directors shall ensure that, of the 

16 amount made available under this heading, sufficient sums 

17 are reserved to satisfy the contractual obligations of the 

18 National Railroad Passenger Corporation for commuter 

19 and intercity passenger rail service: Provided further, That 

20 within 60 days of enactment of this Act but not later than 

21 October 1, 2003, Amtrak shall transmit to the Secretary 

22 of Transportation and the House and Senate Committees 

23 on Appropriations a business plan for operating and cap24 ital improvements to be funded in fiscal year 2004 under 

25 section 24104(a) of title 49, United States Code: Provided 
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1 further, That the business plan shall include a description 

2 of the work to be funded, along with cost estimates and 

3 an estimated timetable for completion of the projects cov4 ered by this business plan: Provided further, That not later 

5 than October 1, 2003 and each month thereafter, Amtrak 

6 shall submit to the Secretary of Transportation and the 

7 House and Senate Committees on Appropriations a sup8 plemental report regarding the business plan, which shall 

9 describe the work completed to date, any changes to the 

10 business plan, and the reasons for such changes: Provided 

11 further, That none of the funds in this Act may be used 

12 for operating expenses and capital projects not approved 

13 by the Secretary of Transportation nor on the National 

14 Railroad Passenger Corporation’s fiscal year 2004 busi15 ness plan: Provided further, That none of the funds under 

16 this heading may be obligated or expended until the Na17 tional Railroad Passenger Corporation agrees to continue 

18 abiding by the provisions of paragraphs 1, 2, 3, 5, 9, and 

19 11 of the summary of conditions for the direct loan agree20 ment of June 28, 2002, in the same manner as in effect 

21 on the date of enactment of this Act.

22 GENERAL PROVISIONS—FEDERAL RAILROAD

23 ADMINISTRATION

24 SEC. 150. To authorize the Surface Transportation 

25 Board to direct the continued operation of certain com-
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1 muter rail passenger transportation operations in emer2 gency situations, and for other purposes:

3 (a) Section 11123 of title 49, United States Code, 

4 is amended—

5 (1) in subsection (a)—

6 (A) by inserting ‘‘failure of existing com7 muter rail passenger transportation operations 

8 caused by a cessation of service by the National 

9 Railroad Passenger Corporation,’’ after ‘‘ces10 sation of operations,’’; 

11 (B) by striking ‘‘or’’ at the end of para12 graph (3); 

13 (C) by striking the period at the end of 

14 paragraph (4)(C) and inserting ‘‘; or’’; and 

15 (D) by adding at the end the following new 

16 paragraph: 

17 ‘‘(5) in the case of a failure of existing freight 

18 or commuter rail passenger transportation oper19 ations caused by a cessation of service by the Na20 tional Railroad Passenger Corporation, direct the 

21 continuation of the operations and dispatching, 

22 maintenance, and other necessary infrastructure 

23 functions related to the operations.’’; 

24 (2) in subsection (b)(3)—
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1 (A) by striking ‘‘When’’ and inserting ‘‘(A) 

2 Except as provided in subparagraph (B), 

3 when’’; and 

4 (B) by adding at the end the following new 

5 subparagraph: 

6 ‘‘(B) In the case of a failure of existing freight or 

7 commuter rail passenger transportation operations caused 

8 by a cessation of service by the National Railroad Pas9 senger Corporation, the Board shall provide funding to 

10 fully reimburse the directed service provider for its costs 

11 associated with the activities directed under subsection 

12 (a), including the payment of increased insurance pre13 miums. The Board shall order complete indemnification 

14 against any and all claims associated with the provision 

15 of service to which the directed rail carrier may be ex16 posed.’’; 

17 (3) by adding the following new paragraph at 

18 the end of subsection (c): 

19 ‘‘(4) In the case of a failure of existing freight or 

20 commuter rail passenger transportation operations caused 

21 by cessation of service by the National Railroad Passenger 

22 Corporation, the Board may not direct a rail carrier to 

23 undertake activities under subsection (a) to continue such 

24 operations unless—
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1 ‘‘(A) the Board first affirmatively finds that the 

2 rail carrier is operationally capable of conducting the 

3 directed service in a safe and efficient manner; and 

4 ‘‘(B) the funding for such directed service re5 quired by subparagraph (B) of subsection (b)(3) is 

6 provided in advance in appropriations Acts.’’; and 

7 (4) by adding at the end the following new sub8 sections: 

9 ‘‘(e) For purposes of this section, the National Rail10 road Passenger Corporation and any entity providing com11 muter rail passenger transportation shall be considered 

12 rail carriers subject to the Board’s jurisdiction. 

13 ‘‘(f) For purposes of this section, the term ‘commuter 

14 rail passenger transportation’ has the meaning given that 

15 term in section 24102(4).’’. 

16 (b) Section 24301(c) of title 49, United States Code, 

17 is amended by inserting ‘‘11123,’’ after ‘‘except for sec18 tions’’. 

19 FEDERAL TRANSIT ADMINISTRATION 

20 ADMINISTRATIVE EXPENSES

21 For necessary administrative expenses of the Federal 

22 Transit Administration’s programs, $14,500,000: Pro23 vided, That no more than $72,500,000 of budget authority 

24 shall be available for these purposes: Provided further,

25 That of the funds available not to exceed $948,000 shall 
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1 be available for the Office of the Administrator; not to 

2 exceed $6,126,000 shall be available for the Office of Ad3 ministration; not to exceed $3,848,000 shall be available 

4 for the Office of the Chief Counsel; not to exceed 

5 $1,067,000 shall be available for the Office of Commu6 nication and Congressional Affairs; not to exceed 

7 $7,303,000 shall be available for the Office of Program 

8 Management; not to exceed $6,027,000 shall be available 

9 for the Office of Budget and Policy; not to exceed 

10 $4,328,000 shall be available for the Office of Demonstra11 tion and Innovation; not to exceed $2,657,000 shall be 

12 available for the Office of Civil Rights; not to exceed 

13 $3,732,000 shall be available for the Office of Planning; 

14 not to exceed $17,697,000 shall be available for regional 

15 offices; and not to exceed $16,567,000 shall be available 

16 for the central account: Provided further, That the Admin17 istrator is authorized to transfer funds appropriated for 

18 an office of the Federal Transit Administration: Provided 

19 further, That no appropriation for an office shall be in20 creased or decreased by more than 3 percent by all such 

21 transfers: Provided further, That any change in funding 

22 greater than 3 percent shall be submitted for approval to 

23 the House and Senate Committees on Appropriations: 

24 Provided further, That not to exceed $1,000,000 shall be 

25 available for travel expenses: Provided further, That of the 
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1 funds in this Act available for the execution of contracts 

2 under section 5327(c) of title 49, United States Code, 

3 $2,000,000 shall be reimbursed to the Department of 

4 Transportation’s Office of Inspector General for costs as5 sociated with audits and investigations of transit-related 

6 issues, including reviews of new fixed guideway systems: 

7 Provided further, That not to exceed $2,200,000 for the 

8 National transit database shall remain available until ex9 pended. 

10 FORMULA GRANTS

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses to carry out 49 U.S.C. 5307, 

13 5308, 5310, 5311, 5327, and section 3038 of Public Law 

14 105–178, $767,800,000, to remain available until ex15 pended: Provided, That no more than $3,839,000,000 of 

16 budget authority shall be available for these purposes: Pro17 vided further, That notwithstanding section 3008 of Public 

18 Law 105–178, $50,000,000 of the funds to carry out 49 

19 U.S.C. 5308 shall be transferred to and merged with fund20 ing provided for the replacement, rehabilitation, and pur21 chase of buses and related equipment and the construction 

22 of bus-related facilities under ‘‘Federal Transit Adminis23 tration, Capital investment grants’’.
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1 UNIVERSITY TRANSPORTATION RESEARCH

2 For necessary expenses to carry out 49 U.S.C. 5505, 

3 $1,200,000, to remain available until expended: Provided,

4 That no more than $6,000,000 of budget authority shall 

5 be available for these purposes. 

6 TRANSIT PLANNING AND RESEARCH

7 For necessary expenses to carry out 49 U.S.C. 5303, 

8 5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 

9 5322, $24,200,000, to remain available until expended: 

10 Provided, That no more than $122,000,000 of budget au11 thority shall be available for these purposes: Provided fur12 ther, That $5,250,000 is available to provide rural trans13 portation assistance (49 U.S.C. 5311(b)(2)), $4,000,000 

14 is available to carry out programs under the National 

15 Transit Institute (49 U.S.C. 5315), $8,250,000 is avail16 able to carry out transit cooperative research programs 

17 (49 U.S.C. 5313(a)), $60,385,600 is available for metro18 politan planning (49 U.S.C. 5303, 5304, and 5305), 

19 $12,614,400 is available for State planning (49 U.S.C. 

20 5313(b)); and $31,500,000 is available for the national 

21 planning and research program (49 U.S.C. 5314). 

22 TRUST FUND SHARE OF EXPENSES

23 (LIQUIDATION OF CONTRACT AUTHORIZATION)

24 (HIGHWAY TRUST FUND)

25 Notwithstanding any other provision of law, for pay26 ment of obligations incurred in carrying out 49 U.S.C. 
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1 5303–5308, 5310–5315, 5317(b), 5322, 5327, 5334, 

2 5505, and sections 3037 and 3038 of Public Law 105–

3 178, $5,807,020,000 to remain available until expended, 

4 and to be derived from the Mass Transit Account of the 

5 Highway Trust Fund: Provided, That $3,071,200,000 

6 shall be paid to the Federal Transit Administration’s for7 mula grants account: Provided further, That $97,800,000 

8 shall be paid to the Federal Transit Administration’s tran9 sit planning and research account: Provided further, That 

10 $58,000,000 shall be paid to the Federal Transit Adminis11 tration’s administrative expenses account: Provided fur12 ther, That $4,800,000 shall be paid to the Federal Transit 

13 Administration’s university transportation research ac14 count: Provided further, That $64,000,000 shall be paid 

15 to the Federal Transit Administration’s job access and re16 verse commute grants program: Provided further, That 

17 $2,507,220,000 shall be paid to the Federal Transit Ad18 ministration’s capital investment grants account. 

19 CAPITAL INVESTMENT GRANTS

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses to carry out 49 U.S.C. 5308, 

22 5309, 5318, and 5327, $599,280,000, to remain available 

23 until expended: Provided, That no more than 

24 $3,106,500,000 of budget authority shall be available for 

25 these purposes: Provided further, That there shall be avail-
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1 able for fixed guideway modernization, $1,214,400,000; 

2 there shall be available for the replacement, rehabilitation, 

3 and purchase of buses and related equipment and the con4 struction of bus-related facilities, $677,700,000; and there 

5 shall be available for new fixed guideway systems 

6 $1,214,400,000, to be available as follows: 

7 Baltimore, MD, Central Light Rail Double 

8 Track Project, $40,000,000; 

9 BART San Francisco Airport (SFO), CA, Ex10 tension Project, $100,000,000; 

11 Boston, MA, Silver Line Phase III, $3,000,000; 

12 Charlotte, NC, South Corridor Light Rail 

13 Project, $4,000,000; 

14 Chicago Transit Authority, IL, Douglas Branch 

15 Reconstruction, $85,000,000; 

16 Chicago, IL, Metra Commuter Rail Expansions 

17 and Extensions, $52,000,000; 

18 Chicago, IL, Ravenswood Reconstruction, 

19 $45,000,000; 

20 Dallas, TX, North Central Light Rail Exten21 sion, $30,161,283; 

22 Denver, CO, Southeast Corridor LRT (T23 REX), $80,000,000; 

24 East Side Access Project, NY, Phase I, 

25 $70,000,000; 
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1 Ft. Lauderdale, FL, Tri-Rail Commuter 

2 Project, $18,410,000; 

3 Las Vegas, NV, Resort Corridor Fixed Guide4 way, $15,000,000; 

5 Los Angeles, CA, Eastside Light Rail Transit 

6 System, $10,000,000; 

7 Memphis, TN, Medical Center Rail Extension, 

8 $9,247,588; 

9 Minneapolis, MN, Hiawatha Corridor Light 

10 Rail Transit (LRT), $74,980,000; 

11 New Orleans, LA, Canal Street Streetcar 

12 Project, $23,921,373; 

13 New York, Second Avenue Subway, $3,000,000; 

14 Newark, NJ, Rail Link (NERL) MOS1, 

15 $22,566,022; 

16 Northern, NJ, Hudson-Bergen Light Rail 

17 (MOS2), $100,000,000; 

18 Phoenix, AZ, Central Phoenix/East Valley 

19 Light Rail Transit Project, $13,000,000; 

20 Pittsburgh, PA, Stage II Light Rail Transit 

21 Reconstruction, $32,243,422; 

22 Portland, OR, Interstate MAX Light Rail Ex23 tension, $77,500,000; 

24 Raleigh, NC, Triangle Transit Authority Re25 gional Rail Project, $3,000,000; 
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1 Salt Lake City, UT, Medical Center LRT Ex2 tension, $30,663,361; 

3 San Diego, CA, Mission Valley East Light Rail 

4 Transit Extension, $65,000,000; 

5 San Diego, CA, Oceanside-Escondido Rail 

6 Project, $48,000,000; 

7 San Juan, PR, Tren Urbano Rapid Transit 

8 System, $43,540,000; 

9 Seattle, WA, Sound Transit Central Link Ini10 tial Segment, $15,000,000; 

11 Washington, DC/MD, Largo Extension, 

12 $65,000,000; 

13 Washington, DC/VA, Dulles Corridor Rapid 

14 Transit Project, $25,000,000; 

15 Hawaii and Alaska Ferry Boats, $10,296,000; 

16 Oversight set-aside, $12,144,000; and 

17 San Francisco, CA, Muni Third Street Light 

18 Rail Project, $10,000,000; 

19 Provided further, That notwithstanding any other provi20 sion of law, for the purpose of calculating the non-New 

21 Starts share of the total project cost of both phases of 

22 San Francisco Muni’s Third Street Light Rail Transit 

23 project for fiscal year 2004, the Secretary of Transpor24 tation shall include all non-New Starts contributions made 

25 towards Phase 1 of the two-phase project for engineering, 
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1 final design and construction, and also shall allow non2 New Starts funds expended on one element or phase of 

3 the project to be used to meet the non-New Starts share 

4 requirement of any element or phase of the project: Pro5 vided further, That none of the funds provided in this Act 

6 for the San Francisco Muni’s Third Street Light Rail 

7 Transit Project shall be obligated if the Federal Transit 

8 Administration determines that the project is found to be 

9 ‘‘not recommended’’ after evaluation and computation of 

10 revised transportation system user benefit data.

11 JOB ACCESS AND REVERSE COMMUTE GRANTS

12 Notwithstanding section 3037(l)(3) of Public Law 

13 105–178, as amended, for necessary expenses to carry out 

14 section 3037 of the Federal Transit Act of 1998, 

15 $17,000,000, to remain available until expended: Pro16 vided, That no more than $85,000,000 of budget authority 

17 shall be available for these purposes: Provided further,

18 That up to $200,000 of the funds provided under this 

19 heading may be used by the Federal Transit Administra20 tion for technical assistance and support and performance 

21 reviews of the Job Access and Reverse Commute Grants 

22 program. 
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1 GENERAL PROVISIONS—FEDERAL TRANSIT

2 ADMINISTRATION

3 SEC. 160. The limitations on obligations for the pro4 grams of the Federal Transit Administration shall not 

5 apply to any authority under 49 U.S.C. 5338, previously 

6 made available for obligation, or to any other authority 

7 previously made available for obligation. 

8 SEC. 161. Notwithstanding any other provision of 

9 law, and except for fixed guideway modernization projects, 

10 funds made available by this Act under ‘‘Federal Transit 

11 Administration, Capital investment grants’’ for projects 

12 specified in this Act or identified in reports accompanying 

13 this Act not obligated by September 30, 2006, and other 

14 recoveries, shall be made available for other projects under 

15 49 U.S.C. 5309. 

16 SEC. 162. Notwithstanding any other provision of 

17 law, any funds appropriated before October 1, 2003, under 

18 any section of chapter 53 of title 49, United States Code, 

19 that remain available for expenditure may be transferred 

20 to and administered under the most recent appropriation 

21 heading for any such section. 

22 SEC. 163. None of the funds in this Act shall be made 

23 available for the design, construction, or maintenance of 

24 any segment of a light rail system in Houston that has 

25 not been specifically approved by a majority of the partici-
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1 pating voters in the Houston Metropolitan Transit Au2 thority service area in a referendum.

3 SEC. 164. Section 5323(j) of title 49, United States 

4 Code, is amended—

5 (1) by adding at the end of paragraph (1) the 

6 following: ‘‘The term ‘manufactured goods’ as used 

7 in this paragraph means each individual item speci8 fied in each line item of a procurement. If the indi9 vidual items to be procured are listed in the bill of 

10 materials and specifications rather than a line item, 

11 the term ‘manufactured goods’ shall apply to each 

12 such item. The definition of ‘manufactured goods’ 

13 shall not be applicable to the procurement of rolling 

14 stock as set forth in paragraph (2)(C).’’; 

15 (2) by redesignating paragraphs (3) through 

16 (7) as paragraphs (4) through (8), respectively; 

17 (3) by inserting after paragraph (2) the fol18 lowing: 

19 ‘‘(3) When issuing a waiver based upon a public in20 terest determination under paragraph (2)(A), the Sec21 retary shall produce a detailed written justification as to 

22 why the waiver is in the public interest. The Secretary 

23 shall publish this justification in the Federal Register and 

24 provide the public a reasonable period for notice and com25 ment.’’; and 
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1 (4) by adding at the end the following: 

2 ‘‘(9) APPLICATION OF WAIVERS.—The Sec3 retary may grant a waiver under paragraph (2) for 

4 a microprocessor, but not for microcomputer equip5 ment. For purposes of this paragraph ‘micro6 processor’ means a computer processor on a 

7 microchip. 

8 ‘‘(10) ADMINISTRATIVE REVIEW.—A party ad9 versely affected by an agency action under this sub10 section shall have the right to seek review under sec11 tion 702 of the Administrative Procedure Act, title 

12 5, United States Code.’’. 

13 SEC. 165. Notwithstanding any other provision of 

14 law, funds made available for the Roaring Fork Transpor15 tation Authority, Colorado, under Public Laws 106–69 

16 and 106–346 shall be made available for the Roaring Fork 

17 Valley Bus Rapid Transit project. 

18 SAINT LAWRENCE SEAWAY DEVELOPMENT 

19 CORPORATION 

20 The Saint Lawrence Seaway Development Corpora21 tion is hereby authorized to make such expenditures, with22 in the limits of funds and borrowing authority available 

23 to the Corporation, and in accord with law, and to make 

24 such contracts and commitments without regard to fiscal 

25 year limitations as provided by section 104 of the Govern-
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1 ment Corporation Control Act, as amended, as may be 

2 necessary in carrying out the programs set forth in the 

3 Corporation’s budget for the current fiscal year. 

4 OPERATIONS AND MAINTENANCE

5 (HARBOR MAINTENANCE TRUST FUND)

6 For necessary expenses for operations and mainte7 nance of those portions of the Saint Lawrence Seaway op8 erated and maintained by the Saint Lawrence Seaway De9 velopment Corporation, $14,700,000, to be derived from 

10 the Harbor Maintenance Trust Fund, pursuant to Public 

11 Law 99–662. 

12 MARITIME ADMINISTRATION 

13 MARITIME SECURITY PROGRAM

14 For necessary expenses to maintain and preserve a 

15 U.S.-flag merchant fleet to serve the national security 

16 needs of the United States, $98,700,000, to remain avail17 able until expended. 

18 OPERATIONS AND TRAINING

19 For necessary expenses of operations and training ac20 tivities authorized by law, $105,897,000, of which 

21 $22,000,000 shall remain available until September 30, 

22 2004, for salaries and benefits of employees of the United 

23 States Merchant Marine Academy; of which $13,000,000 

24 shall remain available until expended for capital improve25 ments at the United States Merchant Marine Academy; 
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1 of which $9,063,000 shall remain available until expended 

2 for the State Maritime Schools Schoolship Maintenance 

3 and Repair; of which $500,000 shall remain available until 

4 expended for the evaluation and provision of the fourteen 

5 commercially strategic ports; and of which $1,000,000 

6 shall remain available until September 30, 2005, for Mari7 time Security Professional Training in support of Section 

8 109 of the Maritime Transportation Security Act of 2002. 

9 SHIP DISPOSAL

10 For necessary expenses related to the disposal of ob11 solete vessels in the National Defense Reserve Fleet of the 

12 Maritime Administration, $14,000,000, to remain avail13 able until expended. 

14 GENERAL PROVISIONS—MARITIME ADMINISTRATION

15 SEC. 170. Notwithstanding any other provision of 

16 this or any other Act, the Maritime Administration is au17 thorized to furnish utilities and services and make nec18 essary repairs in connection with any lease, contract, or 

19 occupancy involving Government property under control of 

20 the Maritime Administration, and payments received 

21 therefore shall be credited to the appropriation charged 

22 with the cost thereof: Provided, That rental payments 

23 under any such lease, contract, or occupancy for items 

24 other than such utilities, services, or repairs shall be de25 posited into the Treasury as miscellaneous receipts. No 
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1 obligations shall be incurred during the current fiscal year 

2 from the construction fund established by the Merchant 

3 Marine Act, 1936, or otherwise, in excess of the appropria4 tions and limitations contained in this Act or in any prior 

5 Appropriations Act. 

6 SEC. 171. Chapter 10 of title I of the Emergency 

7 Wartime Supplemental Appropriations Act (Public Law 

8 108–11) is amended by striking ‘‘For the cost of guaran9 teed loans, as authorized, $25,000,000, to remain avail10 able until September 30, 2005:’’ and inserting ‘‘For the 

11 cost of guaranteed loans and associated administrative ex12 penses, as authorized, $25,000,000, to remain available 

13 until September 30, 2005, of which up to $4,498,000 may 

14 be used for associated administrative expenses:’’. 

15 RESEARCH AND SPECIAL PROGRAMS 

16 ADMINISTRATION 

17 RESEARCH AND SPECIAL PROGRAMS

18 For expenses necessary to discharge the functions of 

19 the Research and Special Programs Administration, 

20 $47,018,000, of which $645,000 shall be derived from the 

21 Pipeline Safety Fund, and of which $2,437,000 shall re22 main available until September 30, 2006: Provided, That 

23 up to $1,200,000 in fees collected under 49 U.S.C. 

24 5108(g) shall be deposited in the general fund of the 

25 Treasury as offsetting receipts: Provided further, That 
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1 there may be credited to this appropriation, to be available 

2 until expended, funds received from States, counties, mu3 nicipalities, other public authorities, and private sources 

4 for expenses incurred for training, for reports publication 

5 and dissemination, and for travel expenses incurred in per6 formance of hazardous materials exemptions and approv7 als functions. 

8 PIPELINE SAFETY

9 (PIPELINE SAFETY FUND)

10 (OIL SPILL LIABILITY TRUST FUND)

11 For expenses necessary to conduct the functions of 

12 the pipeline safety program, for grants-in-aid to carry out 

13 a pipeline safety program, as authorized by 49 U.S.C. 

14 60107, and to discharge the pipeline program responsibil15 ities of the Oil Pollution Act of 1990, $64,054,000, of 

16 which $9,000,000 shall be derived from the Oil Spill Li17 ability Trust Fund and shall remain available until Sep18 tember 30, 2006; of which $55,054,000 shall be derived 

19 from the Pipeline Safety Fund, of which $21,786,000 

20 shall remain available until September 30, 2006. 

21 EMERGENCY PREPAREDNESS GRANTS

22 (EMERGENCY PREPAREDNESS FUND)

23 For necessary expenses to carry out 49 U.S.C. 

24 5127(c), $200,000, to be derived from the Emergency 

25 Preparedness Fund, to remain available until September 

26 30, 2006: Provided, That not more than $14,300,000 shall 
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1 be made available for obligation in fiscal year 2004 from 

2 amounts made available by 49 U.S.C. 5116(i), 5127(c), 

3 and 5127(d): Provided further, That none of the funds 

4 made available by 49 U.S.C. 5116(i), 5127(c), and 

5 5127(d) shall be made available for obligation by individ6 uals other than the Secretary of Transportation, or his 

7 designee. 

8 OFFICE OF INSPECTOR GENERAL 

9 SALARIES AND EXPENSES

10 For necessary expenses of the Office of Inspector 

11 General to carry out the provisions of the Inspector Gen12 eral Act of 1978, as amended, $55,000,000: Provided, 

13 That the Inspector General shall have all necessary au14 thority, in carrying out the duties specified in the Inspec15 tor General Act, as amended (5 U.S.C. App. 3) to inves16 tigate allegations of fraud, including false statements to 

17 the government (18 U.S.C. 1001), by any person or entity 

18 that is subject to regulation by the Department: Provided 

19 further, That the funds made available under this heading 

20 shall be used to investigate, pursuant to section 41712 of 

21 title 49, United States Code: (1) unfair or deceptive prac22 tices and unfair methods of competition by domestic and 

23 foreign air carriers and ticket agents; and (2) the compli24 ance of domestic and foreign air carriers with respect to 

25 item (1) of this proviso. 
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1 SURFACE TRANSPORTATION BOARD 

2 SALARIES AND EXPENSES

3 For necessary expenses of the Surface Transpor4 tation Board, including services authorized by 5 U.S.C. 

5 3109, $19,521,000: Provided, That notwithstanding any 

6 other provision of law, not to exceed $1,050,000 from fees 

7 established by the Chairman of the Surface Transpor8 tation Board shall be credited to this appropriation as off9 setting collections and used for necessary and authorized 

10 expenses under this heading: Provided further, That the 

11 sum herein appropriated from the general fund shall be 

12 reduced on a dollar-for-dollar basis as such offsetting col13 lections are received during fiscal year 2004, to result in 

14 a final appropriation from the general fund estimated at 

15 no more than $18,471,000. 

16 TITLE II—DEPARTMENT OF THE TREASURY 

17 DEPARTMENTAL OFFICES 

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses of the Departmental Offices 

21 including operation and maintenance of the Treasury 

22 Building and Annex; hire of passenger motor vehicles; 

23 maintenance, repairs, and improvements of, and purchase 

24 of commercial insurance policies for, real properties leased 

25 or owned overseas, when necessary for the performance 
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1 of official business; not to exceed $3,000,000, to remain 

2 available until September 30, 2005 for information tech3 nology modernization requirements; not to exceed 

4 $150,000 for official reception and representation ex5 penses; not to exceed $258,000 for unforeseen emer6 gencies of a confidential nature, to be allocated and ex7 pended under the direction of the Secretary of the Treas8 ury and to be accounted for solely on his certificate, 

9 $175,809,000: Provided, That no less than $21,855,000 

10 is for the Office of Foreign Assets Control: Provided fur11 ther, That of these amounts $2,900,000 is available for 

12 grants to State and local law enforcement groups to help 

13 fight money laundering: Provided further, That of these 

14 amounts, $3,393,000, to remain available until September 

15 30, 2005, shall be for the Treasury-wide Financial State16 ment Audit Program, of which such amounts as may be 

17 necessary may be transferred to accounts of the Depart18 ment’s offices and bureaus to conduct audits: Provided 

19 further, That this transfer authority shall be in addition 

20 to any other provided in this Act. 

21 DEPARTMENT-WIDE SYSTEMS AND CAPITAL

22 INVESTMENTS PROGRAMS

23 (INCLUDING TRANSFER OF FUNDS)

24 For development and acquisition of automatic data 

25 processing equipment, software, and services for the De-
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1 partment of the Treasury, $36,653,000, to remain avail2 able until September 30, 2006: Provided, That these funds 

3 shall be transferred to accounts and in amounts as nec4 essary to satisfy the requirements of the Department’s of5 fices, bureaus, and other organizations: Provided further,

6 That this transfer authority shall be in addition to any 

7 other transfer authority provided in this Act. 

8 OFFICE OF INSPECTOR GENERAL

9 SALARIES ANDEXPENSES

10 For necessary expenses of the Office of Inspector 

11 General in carrying out the provisions of the Inspector 

12 General Act of 1978, as amended, not to exceed 

13 $2,000,000 for official travel expenses, including hire of 

14 passenger motor vehicles; not to exceed $2,500 for official 

15 reception and representation expenses; and not to exceed 

16 $100,000 for unforeseen emergencies of a confidential na17 ture, to be allocated and expended under the direction of 

18 the Inspector General of the Treasury, $12,792,000. 

19 TREASURY INSPECTOR GENERAL FOR TAX

20 ADMINISTRATION

21 SALARIES ANDEXPENSES

22 For necessary expenses of the Treasury Inspector 

23 General for Tax Administration in carrying out the In24 spector General Act of 1978, as amended, including pur25 chase (not to exceed 150 for replacement only for police-
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1 type use) and hire of passenger motor vehicles (31 U.S.C. 

2 1343(b)); services authorized by 5 U.S.C. 3109, at such 

3 rates as may be determined by the Inspector General for 

4 Tax Administration; not to exceed $6,000,000 for official 

5 travel expenses; and not to exceed $500,000 for unfore6 seen emergencies of a confidential nature, to be allocated 

7 and expended under the direction of the Inspector General 

8 for Tax Administration, $128,034,000.

9 AIR TRANSPORTATION STABILIZATION PROGRAM

10 For necessary expenses to administer the Air Trans11 portation Stabilization Board established by section 102 

12 of the Air Transportation Safety and System Stabilization 

13 Act (Public Law 107–42), $2,538,000, to remain available 

14 until expended. 

15 TREASURY BUILDING AND ANNEX REPAIR AND

16 RESTORATION

17 For the repair, alteration, and improvement of the 

18 Treasury Building and Annex, $25,000,000, to remain 

19 available until September 30, 2006. 

20 FINANCIAL CRIMES ENFORCEMENT NETWORK 

21 SALARIES AND EXPENSES

22 For necessary expenses of the Financial Crimes En23 forcement Network, including hire of passenger motor ve24 hicles; travel expenses of non-Federal law enforcement 

25 personnel to attend meetings concerned with financial in-
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1 telligence activities, law enforcement, and financial regula2 tion; not to exceed $14,000 for official reception and rep3 resentation expenses; and for assistance to Federal law en4 forcement agencies, with or without reimbursement, 

5 $57,571,000, of which not to exceed $4,500,000 shall re6 main available until September 30, 2006; and of which 

7 $8,152,000 shall remain available until September 30, 

8 2005: Provided, That funds appropriated in this account 

9 may be used to procure personal services contracts. 

10 FINANCIAL MANAGEMENT SERVICE 

11 SALARIES AND EXPENSES

12 For necessary expenses of the Financial Management 

13 Service, $228,558,000, of which not to exceed $9,220,000 

14 shall remain available until September 30, 2006, for infor15 mation systems modernization initiatives; and of which not 

16 to exceed $2,500 shall be available for official reception 

17 and representation expenses. 

18 ALCOHOL AND TOBACCO TAX AND TRADE 

19 BUREAU 

20 SALARIES AND EXPENSES

21 For necessary expenses of carrying out section 1111 

22 of the Homeland Security Act of 2002, including hire of 

23 passenger motor vehicles, $80,000,000; of which not to ex24 ceed $6,000 for official reception and representation ex25 penses; not to exceed $50,000 for cooperative research and 
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1 development programs for Laboratory Services; and provi2 sion of laboratory assistance to State and local agencies 

3 with or without reimbursement.

4 UNITED STATES MINT 

5 UNITED STATES MINT PUBLIC ENTERPRISE FUND

6 Pursuant to section 5136 of title 31, United States 

7 Code, the United States Mint is provided funding through 

8 the United States Mint Public Enterprise Fund for costs 

9 associated with the production of circulating coins, numis10 matic coins, and protective services, including both oper11 ating expenses and capital investments. The aggregate 

12 amount of new liabilities and obligations incurred during 

13 fiscal year 2004 under such section 5136 for circulating 

14 coinage and protective service capital investments of the 

15 United States Mint shall not exceed $40,652,000. From 

16 amounts in the United States Mint Public Enterprise 

17 Fund, the Secretary of the Treasury shall pay to the 

18 Comptroller General an amount not to exceed $375,000 

19 to reimburse the Comptroller General for the cost of a 

20 study to be contracted for by the Comptroller General on 

21 the potential and cost-effectiveness of expanded use of pre22 made ‘‘blanks’’ by the U.S. Mint in the production of cir23 culating coins. The amounts reimbursed to the Comp24 troller General pursuant to this paragraph shall be depos-
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1 ited to the appropriation of the General Accounting Office 

2 then available and remain available until expended. 

3 BUREAU OF THE PUBLIC DEBT 

4 ADMINISTERING THE PUBLIC DEBT

5 For necessary expenses connected with any public6 debt issues of the United States, $178,052,000, of which 

7 not to exceed $2,500 shall be available for official recep8 tion and representation expenses, and of which not to ex9 ceed $2,000,000 shall remain available until expended for 

10 systems modernization: Provided, That the sum appro11 priated herein from the General Fund for fiscal year 2004 

12 shall be reduced by not more than $4,400,000 as definitive 

13 security issue fees and Treasury Direct Investor Account 

14 Maintenance fees are collected, so as to result in a final 

15 fiscal year 2004 appropriation from the General Fund es16 timated at $173,652,000. In addition, $40,000 to be de17 rived from the Oil Spill Liability Trust Fund to reimburse 

18 the Bureau for administrative and personnel expenses for 

19 financial management of the Fund, as authorized by sec20 tion 1012 of Public Law 101–380. 

21 INTERNAL REVENUE SERVICE 

22 PROCESSING, ASSISTANCE, AND MANAGEMENT

23 For necessary expenses of the Internal Revenue Serv24 ice for pre-filing taxpayer assistance and education, filing 

25 and account services, shared services support, general 
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1 management and administration; and services as author2 ized by 5 U.S.C. 3109, at such rates as may be determined 

3 by the Commissioner, $4,037,834,000, of which 

4 $4,250,000 shall be for the Tax Counseling for the Elderly 

5 Program, of which $8,000,000 shall be available for low6 income taxpayer clinic grants, and of which not to exceed 

7 $25,000 shall be for official reception and representation 

8 expenses. 

9 TAX LAW ENFORCEMENT

10 For necessary expenses of the Internal Revenue Serv11 ice for determining and establishing tax liabilities; pro12 viding litigation support; conducting criminal investigation 

13 and enforcement activities; securing unfiled tax returns; 

14 collecting unpaid accounts; conducting a document match15 ing program; resolving taxpayer problems through prompt 

16 identification, referral and settlement; compiling statistics 

17 of income and conducting compliance research; funding es18 sential earned income tax credit compliance and error re19 duction initiatives; purchase (for police-type use, not to ex20 ceed 850) and hire of passenger motor vehicles (31 U.S.C. 

21 1343(b)); and services as authorized by 5 U.S.C. 3109, 

22 at such rates as may be determined by the Commissioner, 

23 $4,221,408,000, of which not to exceed $1,000,000 shall 

24 remain available until September 30, 2006, for research, 

25 and of which not to exceed $10,000,000 may be used to 
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1 reimburse the Social Security Administration for the costs 

2 of implementing section 1090 of the Taxpayer Relief Act 

3 of 1997 (Public Law 105–33). 

4 INFORMATION SYSTEMS

5 For necessary expenses of the Internal Revenue Serv6 ice for information systems and telecommunications sup7 port, including developmental information systems and 

8 operational information systems; the hire of passenger 

9 motor vehicles (31 U.S.C. 1343(b)); and services as au10 thorized by 5 U.S.C. 3109, at such rates as may be deter11 mined by the Commissioner, $1,628,739,000, of which 

12 $165,000,000 shall remain available until September 30, 

13 2005. 

14 BUSINESS SYSTEMS MODERNIZATION

15 For necessary expenses of the Internal Revenue Serv16 ice, $429,000,000, to remain available until September 30, 

17 2006, for the capital asset acquisition of information tech18 nology systems, including management and related con19 tractual costs of said acquisitions, including contractual 

20 costs associated with operations authorized by 5 U.S.C. 

21 3109: Provided, That none of these funds may be obli22 gated until the Internal Revenue Service submits to the 

23 Committees on Appropriations, and such Committees ap24 prove, a plan for expenditure that: (1) meets the capital 

25 planning and investment control review requirements es-
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1 tablished by the Office of Management and Budget, in2 cluding Circular A–11 part 3; (2) complies with the Inter3 nal Revenue Service’s enterprise architecture, including 

4 the modernization blueprint; (3) conforms with the Inter5 nal Revenue Service’s enterprise life cycle methodology; 

6 (4) is approved by the Internal Revenue Service, the De7 partment of the Treasury, and the Office of Management 

8 and Budget; (5) has been reviewed by the General Ac9 counting Office; and (6) complies with the acquisition 

10 rules, requirements, guidelines, and systems acquisition 

11 management practices of the Federal Government. 

12 HEALTH INSURANCE TAX CREDIT ADMINISTRATION

13 For expenses necessary to implement the health in14 surance tax credit included in the Trade Act of 2002 

15 (Public Law 107–210), $35,000,000, to remain available 

16 until September 30, 2005. 

17 GENERAL PROVISIONS—DEPARTMENT OF THE 

18 TREASURY 

19 SEC. 201. Not to exceed 5 percent of any appropria20 tion made available in this Act to the Internal Revenue 

21 Service may be transferred to any other Internal Revenue 

22 Service appropriation upon the advance approval of the 

23 Committees on Appropriations. 

24 SEC. 202. The Internal Revenue Service shall main25 tain a training program to ensure that Internal Revenue 
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1 Service employees are trained in taxpayers’ rights, in deal2 ing courteously with the taxpayers, and in cross-cultural 

3 relations. 

4 SEC. 203. The Internal Revenue Service shall insti5 tute and enforce policies and procedures that will safe6 guard the confidentiality of taxpayer information. 

7 SEC. 204. Funds made available by this or any other 

8 Act to the Internal Revenue Service shall be available for 

9 improved facilities and increased manpower to provide suf10 ficient and effective 1–800 help line service for taxpayers. 

11 The Commissioner shall continue to make the improve12 ment of the Internal Revenue Service 1–800 help line serv13 ice a priority and allocate resources necessary to increase 

14 phone lines and staff to improve the Internal Revenue 

15 Service 1–800 help line service. 

16 SEC. 205. Appropriations to the Department of the 

17 Treasury in this Act shall be available for uniforms or al18 lowances therefor, as authorized by law (5 U.S.C. 5901), 

19 including maintenance, repairs, and cleaning; purchase of 

20 insurance for official motor vehicles operated in foreign 

21 countries; purchase of motor vehicles without regard to the 

22 general purchase price limitations for vehicles purchased 

23 and used overseas for the current fiscal year; entering into 

24 contracts with the Department of State for the furnishing 

25 of health and medical services to employees and their de-
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1 pendents serving in foreign countries; and services author2 ized by 5 U.S.C. 3109. 

3 SEC. 206. Not to exceed 2 percent of any appropria4 tions in this Act made available to the Departmental Of5 fices—Salaries and Expenses, Office of Inspector General, 

6 Financial Management Service, Alcohol and Tobacco Tax 

7 and Trade Bureau, Financial Crimes Enforcement Net8 work, and Bureau of the Public Debt, may be transferred 

9 between such appropriations upon the advance approval 

10 of the Committees on Appropriations. No transfer may in11 crease or decrease any such appropriation by more than 

12 2 percent. 

13 SEC. 207. Not to exceed 2 percent of any appropria14 tion made available in this Act to the Internal Revenue 

15 Service may be transferred to the Treasury Inspector Gen16 eral for Tax Administration’s appropriation upon the ad17 vance approval of the Committees on Appropriations. No 

18 transfer may increase or decrease any such appropriation 

19 by more than 2 percent. 

20 SEC. 208. None of the funds appropriated in this Act 

21 or otherwise available to the Department of the Treasury 

22 or the Bureau of Engraving and Printing may be used 

23 to redesign the $1 Federal Reserve note. 

24 SEC. 209. The Secretary of the Treasury may trans25 fer funds from ‘‘Salaries and Expenses’’, Financial Man-
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1 agement Service, to the Debt Services Account as nec2 essary to cover the costs of debt collection: Provided, That 

3 such amounts shall be reimbursed to such Salaries and 

4 Expenses account from debt collections received in the 

5 Debt Services Account. 

6 SEC. 210. None of the funds appropriated or other7 wise made available by this or any other Act may be used 

8 by the United States Mint to construct or operate any mu9 seum without the explicit approval of the House Com10 mittee on Financial Services and the Senate Committee 

11 on Banking, Housing, and Urban Affairs. 

12 SEC. 211. For fiscal year 2004 and each fiscal year 

13 thereafter, there are appropriated to the Secretary of the 

14 Treasury such sums as may be necessary to reimburse fi15 nancial institutions in their capacity as depositaries and 

16 financial agents of the United States for all services re17 quired or directed by the Secretary of the Treasury, or 

18 the Secretary’s designee, to be performed by such financial 

19 institutions on behalf of the Department of the Treasury 

20 or other Federal agencies, including services rendered 

21 prior to fiscal year 2004. 

22 PROHIBITION ON CONTRACTS WITH CORPORATE

23 EXPATRIATES

24 SEC. 212. (a) IN GENERAL.—The Secretary may not 

25 enter into any contract with a foreign incorporated entity 
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1 which is treated as an inverted domestic corporation under 

2 subsection (b), or any subsidiary of such entity. 

3 (b) INVERTED DOMESTIC CORPORATION.—For pur4 poses of this section, a foreign incorporated entity shall 

5 be treated as an inverted domestic corporation if, pursuant 

6 to a plan (or a series of related transactions)—

7 (1) the entity has completed the direct or indi8 rect acquisition of substantially all of the properties 

9 held directly or indirectly by a domestic corporation 

10 or substantially all of the properties constituting a 

11 trade or business of a domestic partnership, 

12 (2) after the acquisition at least 80 percent of 

13 the stock (by vote or value) of the entity is held—

14 (A) in the case of an acquisition with re15 spect to a domestic corporation, by former 

16 shareholders of the domestic corporation by rea17 son of holding stock in the domestic corpora18 tion, or 

19 (B) in the case of an acquisition with re20 spect to a domestic partnership, by former part21 ners of the domestic partnership by reason of 

22 holding a capital or profits interest in the do23 mestic partnership, and 

24 (3) the expanded affiliated group which after 

25 the acquisition includes the entity does not have sub-
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1 stantial business activities in the foreign country in 

2 which or under the law of which the entity is created 

3 or organized when compared to the total business 

4 activities of such expanded affiliated group. 

5 (c) DEFINITIONS AND SPECIAL RULES.—For pur6 poses of this section—

7 (1) RULES FOR APPLICATION OF SUBSECTION

8 (b).—In applying subsection (b) for purposes of sub9 section (a), the following rules shall apply: 

10 (A) CERTAIN STOCK DISREGARDED.—

11 There shall not be taken into account in deter12 mining ownership for purposes of subsection 

13 (b)(2)—

14 (i) stock held by members of the ex15 panded affiliated group which includes the 

16 foreign incorporated entity, or 

17 (ii) stock of such entity which is sold 

18 in a public offering related to the acquisi19 tion described in subsection (b)(1). 

20 (B) PLAN DEEMED IN CERTAIN CASES.—If 

21 a foreign incorporated entity acquires directly 

22 or indirectly substantially all of the properties 

23 of a domestic corporation or partnership during 

24 the 4-year period beginning on the date which 

25 is 2 years before the ownership requirements of 
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1 subsection (b)(2) are met, such actions shall be 

2 treated as pursuant to a plan. 

3 (C) CERTAIN TRANSFERS DISREGARDED.—

4 The transfer of properties or liabilities (includ5 ing by contribution or distribution) shall be dis6 regarded if such transfers are part of a plan a 

7 principal purpose of which is to avoid the pur8 poses of this section. 

9 (D) SPECIAL RULE FOR RELATEDPART10 NERSHIPS.—For purposes of applying sub11 section (b) to the acquisition of a domestic 

12 partnership, except as provided in regulations, 

13 all partnerships which are under common con14 trol (within the meaning of section 482 of the 

15 Internal Revenue Code of 1986) shall be treat16 ed as 1 partnership. 

17 (E) TREATMENT OF CERTAIN RIGHTS.—

18 The Secretary shall prescribe such regulations 

19 as may be necessary—

20 (i) to treat warrants, options, con21 tracts to acquire stock, convertible debt in22 struments, and other similar interests as 

23 stock, and 

24 (ii) to treat stock as not stock. 
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1 (2) EXPANDEDAFFILIATEDGROUP.—The term 

2 ‘‘expanded affiliated group’’ means an affiliated 

3 group as defined in section 1504(a) of the Internal 

4 Revenue Code of 1986 (without regard to section 

5 1504(b) of such Code), except that section 1504(a) 

6 of such Code shall be applied by substituting ‘‘more 

7 than 50 percent’’ for ‘‘at least 80 percent’’ each 

8 place it appears. 

9 (3) FOREIGN INCORPORATEDENTITY.—The 

10 term ‘‘foreign incorporated entity’’ means any entity 

11 which is, or but for subsection (b) would be, treated 

12 as a foreign corporation for purposes of the Internal 

13 Revenue Code of 1986. 

14 (4) OTHER DEFINITIONS.—The terms ‘‘per15 son’’, ‘‘domestic’’, and ‘‘foreign’’ have the meanings 

16 given such terms by paragraphs (1), (4), and (5) of 

17 section 7701(a) of the Internal Revenue Code of 

18 1986, respectively. 

19 (d) WAIVER.—The President may waive subsection 

20 (a) with respect to any specific contract if the President 

21 certifies to Congress that the waiver is required in the in22 terest of national security. 

23 (e) EFFECTIVE DATE.—This section shall take effect 

24 one day after the date of this bill’s enactment. 
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1 TITLE III—POSTAL SERVICE 

2 PAYMENT TO THE POSTAL SERVICE FUND

3 For payment to the Postal Service Fund for revenue 

4 forgone on free and reduced rate mail, pursuant to sub5 sections (c) and (d) of section 2401 of title 39, United 

6 States Code, $65,521,000, of which $36,521,000 shall not 

7 be available for obligation until October 1, 2004: Provided,

8 That mail for overseas voting and mail for the blind shall 

9 continue to be free: Provided further, That 6-day delivery 

10 and rural delivery of mail shall continue at not less than 

11 the 1983 level: Provided further, That none of the funds 

12 made available to the Postal Service by this Act shall be 

13 used to implement any rule, regulation, or policy of charg14 ing any officer or employee of any State or local child sup15 port enforcement agency, or any individual participating 

16 in a State or local program of child support enforcement, 

17 a fee for information requested or provided concerning an 

18 address of a postal customer: Provided further, That none 

19 of the funds provided in this Act shall be used to consoli20 date or close small rural and other small post offices in 

21 fiscal year 2004. 
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1 TITLE IV—EXECUTIVE OFFICE OF THE PRESI2 DENT AND FUNDS APPROPRIATED TO THE 

3 PRESIDENT 

4 COMPENSATION OF THE PRESIDENT

5 For compensation of the President, including an ex6 pense allowance at the rate of $50,000 per annum as au7 thorized by 3 U.S.C. 102, $450,000: Provided, That none 

8 of the funds made available for official expenses shall be 

9 expended for any other purpose and any unused amount 

10 shall revert to the Treasury pursuant to section 1552 of 

11 title 31, United States Code: Provided further, That none 

12 of the funds made available for official expenses shall be 

13 considered as taxable to the President. 

14 WHITE HOUSE OFFICE

15 SALARIES ANDEXPENSES

16 For necessary expenses for the White House as au17 thorized by law, including not to exceed $3,850,000 for 

18 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; 

19 subsistence expenses as authorized by 3 U.S.C. 105, which 

20 shall be expended and accounted for as provided in that 

21 section; hire of passenger motor vehicles, newspapers, 

22 periodicals, teletype news service, and travel (not to exceed 

23 $100,000 to be expended and accounted for as provided 

24 by 3 U.S.C. 103); and not to exceed $19,000 for official 

25 entertainment expenses, to be available for allocation with-
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1 in the Executive Office of the President, $66,057,000: 

2 Provided, That $8,650,000 of the funds appropriated shall 

3 be available for reimbursements to the White House Com4 munications Agency. 

5 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

6 OPERATING EXPENSES

7 For the care, maintenance, repair and alteration, re8 furnishing, improvement, heating, and lighting, including 

9 electric power and fixtures, of the Executive Residence at 

10 the White House and official entertainment expenses of 

11 the President, $12,501,000, to be expended and accounted 

12 for as provided by 3 U.S.C. 105, 109, 110, and 112–114.

13 REIMBURSABLE EXPENSES

14 For the reimbursable expenses of the Executive Resi15 dence at the White House, such sums as may be nec16 essary: Provided, That all reimbursable operating expenses 

17 of the Executive Residence shall be made in accordance 

18 with the provisions of this paragraph: Provided further,

19 That, notwithstanding any other provision of law, such 

20 amount for reimbursable operating expenses shall be the 

21 exclusive authority of the Executive Residence to incur ob22 ligations and to receive offsetting collections, for such ex23 penses: Provided further, That the Executive Residence 

24 shall require each person sponsoring a reimbursable polit25 ical event to pay in advance an amount equal to the esti26 mated cost of the event, and all such advance payments 
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1 shall be credited to this account and remain available until 

2 expended: Provided further, That the Executive Residence 

3 shall require the national committee of the political party 

4 of the President to maintain on deposit $25,000, to be 

5 separately accounted for and available for expenses relat6 ing to reimbursable political events sponsored by such 

7 committee during such fiscal year: Provided further, That 

8 the Executive Residence shall ensure that a written notice 

9 of any amount owed for a reimbursable operating expense 

10 under this paragraph is submitted to the person owing 

11 such amount within 60 days after such expense is in12 curred, and that such amount is collected within 30 days 

13 after the submission of such notice: Provided further, That 

14 the Executive Residence shall charge interest and assess 

15 penalties and other charges on any such amount that is 

16 not reimbursed within such 30 days, in accordance with 

17 the interest and penalty provisions applicable to an out18 standing debt on a United States Government claim under 

19 section 3717 of title 31, United States Code: Provided fur20 ther, That each such amount that is reimbursed, and any 

21 accompanying interest and charges, shall be deposited in 

22 the Treasury as miscellaneous receipts: Provided further,

23 That the Executive Residence shall prepare and submit 

24 to the Committees on Appropriations, by not later than 

25 90 days after the end of the fiscal year covered by this 
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1 Act, a report setting forth the reimbursable operating ex2 penses of the Executive Residence during the preceding 

3 fiscal year, including the total amount of such expenses, 

4 the amount of such total that consists of reimbursable offi5 cial and ceremonial events, the amount of such total that 

6 consists of reimbursable political events, and the portion 

7 of each such amount that has been reimbursed as of the 

8 date of the report: Provided further, That the Executive 

9 Residence shall maintain a system for the tracking of ex10 penses related to reimbursable events within the Executive 

11 Residence that includes a standard for the classification 

12 of any such expense as political or nonpolitical: Provided 

13 further, That no provision of this paragraph may be con14 strued to exempt the Executive Residence from any other 

15 applicable requirement of subchapter I or II of chapter 

16 37 of title 31, United States Code. 

17 WHITE HOUSE REPAIR AND RESTORATION

18 For the repair, alteration, and improvement of the 

19 Executive Residence at the White House, $4,225,000, to 

20 remain available until expended, for required maintenance, 

21 safety and health issues, and continued preventative main22 tenance. 
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1 COUNCIL OF ECONOMIC ADVISERS

2 SALARIES ANDEXPENSES

3 For necessary expenses of the Council of Economic 

4 Advisors in carrying out its functions under the Employ5 ment Act of 1946 (15 U.S.C. 1021), $4,000,000. 

6 OFFICE OF POLICY DEVELOPMENT

7 SALARIES ANDEXPENSES

8 For necessary expenses of the Office of Policy Devel9 opment, including services as authorized by 5 U.S.C. 3109 

10 and 3 U.S.C. 107, $4,109,000. 

11 NATIONAL SECURITY COUNCIL

12 SALARIES ANDEXPENSES

13 For necessary expenses of the National Security 

14 Council, including services as authorized by 5 U.S.C. 

15 3109, $9,000,000. 

16 OFFICE OF ADMINISTRATION

17 SALARIES ANDEXPENSES

18 For necessary expenses of the Office of Administra19 tion, including services as authorized by 5 U.S.C. 3109 

20 and 3 U.S.C. 107, and hire of passenger motor vehicles, 

21 $82,826,000, of which $17,470,000 shall remain available 

22 until expended for the Capital Investment Plan for contin23 ued modernization of the information technology infra24 structure within the Executive Office of the President. 
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1 OFFICE OF MANAGEMENT AND BUDGET

2 SALARIES ANDEXPENSES

3 For necessary expenses of the Office of Management 

4 and Budget, including hire of passenger motor vehicles 

5 and services as authorized by 5 U.S.C. 3109 and to carry 

6 out the provisions of chapter 35 of title 44, United States 

7 Code, $62,772,000, of which not to exceed $1,500 shall 

8 be available for official representation expenses: Provided, 

9 That, as provided in 31 U.S.C. 1301(a), appropriations 

10 shall be applied only to the objects for which appropria11 tions were made except as otherwise provided by law: Pro12 vided further, That none of the funds appropriated in this 

13 Act for the Office of Management and Budget may be 

14 used for the purpose of reviewing any agricultural mar15 keting orders or any activities or regulations under the 

16 provisions of the Agricultural Marketing Agreement Act 

17 of 1937 (7 U.S.C. 601 et seq.): Provided further, That 

18 none of the funds made available for the Office of Manage19 ment and Budget by this Act may be expended for the 

20 altering of the transcript of actual testimony of witnesses, 

21 except for testimony of officials of the Office of Manage22 ment and Budget, before the Committees on Appropria23 tions or the Committees on Veterans’ Affairs or their sub24 committees: Provided further, That the preceding shall not 

25 apply to printed hearings released by the Committees on 
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1 Appropriations or the Committees on Veterans’ Affairs: 

2 Provided further, That none of the funds appropriated in 

3 this Act may be available to pay the salary or expenses 

4 of any employee of the Office of Management and Budget 

5 who, after February 15, 2003, calculates, prepares, or ap6 proves any tabular or other material that proposes the 

7 sub-allocation of budget authority or outlays by the Com8 mittees on Appropriations among their subcommittees. 

9 OFFICE OF NATIONAL DRUG CONTROL POLICY

10 SALARIES ANDEXPENSES

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses of the Office of National 

13 Drug Control Policy; for research activities pursuant to 

14 the Office of National Drug Control Policy Reauthoriza15 tion Act of 1998 (21 U.S.C. 1701 et seq.) as amended; 

16 not to exceed $10,000 for official reception and represen17 tation expenses; and for participation in joint projects or 

18 in the provision of services on matters of mutual interest 

19 with nonprofit, research, or public organizations or agen20 cies, with or without reimbursement, $28,790,000; of 

21 which $2,850,000 shall remain available until expended, 

22 consisting of $1,350,000 for policy research and evalua23 tion, and $1,500,000 for the National Alliance for Model 

24 State Drug Laws: Provided, That the Office is authorized 

25 to accept, hold, administer, and utilize gifts, both real and 

26 personal, public and private, without fiscal year limitation, 
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1 for the purpose of aiding or facilitating the work of the 

2 Office. 

3 COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses for the Counterdrug Tech6 nology Assessment Center for research activities pursuant 

7 to the Office of National Drug Control Policy Reauthor8 ization Act of 1998 (21 U.S.C. 1701 et seq.) as amended, 

9 $40,000,000, which shall remain available until expended, 

10 consisting of $18,000,000 for counternarcotics research 

11 and development projects, and $22,000,000 for the contin12 ued operation of the technology transfer program: Pro13 vided, That the $18,000,000 for counternarcotics research 

14 and development projects shall be available for transfer 

15 to other Federal departments or agencies. 

16 FEDERAL DRUG CONTROL PROGRAMS

17 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses of the Office of National 

20 Drug Control Policy’s High Intensity Drug Trafficking 

21 Areas Program, $226,350,000, for drug control activities 

22 consistent with the approved strategy for each of the des23 ignated High Intensity Drug Trafficking Areas, of which 

24 no less than 51 percent shall be transferred to State and 

25 local entities for drug control activities, which shall be ob26 ligated within 120 days of the date of the enactment of 
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1 this Act: Provided, That up to 49 percent, to remain avail2 able until September 30, 2005, may be transferred to Fed3 eral agencies and departments at a rate to be determined 

4 by the Director, of which not less than $2,100,000 shall 

5 be used for auditing services and associated activities, and 

6 at least $500,000 of the $2,100,000 shall be used to de7 velop and implement a data collection system to measure 

8 the performance of the High Intensity Drug Trafficking 

9 Areas Program: Provided further, That High Intensity 

10 Drug Trafficking Areas Programs designated as of Sep11 tember 30, 2003, shall be funded at no less than the fiscal 

12 year 2003 initial allocation levels unless the Director sub13 mits to the Committees on Appropriations, and the Com14 mittees approve, justification for changes in those levels 

15 based on clearly articulated priorities for the High Inten16 sity Drug Trafficking Areas Programs, as well as pub17 lished Office of National Drug Control Policy performance 

18 measures of effectiveness: Provided further, That no funds 

19 of an amount in excess of the fiscal year 2004 budget re20 quest shall be obligated prior to the approval of the Com21 mittee on Appropriations. 

22 OTHER FEDERAL DRUG CONTROL PROGRAMS

23 (INCLUDING TRANSFER OF FUNDS)

24 For activities to support a national anti-drug cam25 paign for youth, and for other purposes, authorized by (21 
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1 U.S.C. 1701 et seq.) as amended, $230,000,000, to re2 main available until expended, of which the following 

3 amounts are available as follows: $150,000,000 to support 

4 a national media campaign; $70,000,000 for a program 

5 of assistance and matching grants to local coalitions and 

6 other activities, as authorized in chapter 2 of the National 

7 Narcotics Leadership Act of 1988, as amended; 

8 $4,500,000 for the Counterdrug Intelligence Executive 

9 Secretariat; $2,000,000 for evaluations and research re10 lated to National Drug Control Program performance 

11 measures; $1,000,000 for the National Drug Court Insti12 tute; $1,500,000 for the United States Anti-Doping Agen13 cy for anti-doping activities; and $1,000,000 for the 

14 United States membership dues to the World Anti-Doping 

15 Agency: Provided, That such funds may be transferred to 

16 other Federal departments and agencies to carry out such 

17 activities: Provided further, That of the amounts appro18 priated for a national media campaign, no less than 77 

19 percent shall be used for the purchase of advertising time 

20 and space for the national media campaign. 

21 UNANTICIPATED NEEDS

22 For expenses necessary to enable the President to 

23 meet unanticipated needs, in furtherance of the national 

24 interest, security, or defense which may arise at home or 
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1 abroad during the current fiscal year, as authorized by 

2 3 U.S.C. 108, $1,000,000. 

3 SPECIAL ASSISTANCE TO THE PRESIDENT AND THE

4 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

5 SALARIES ANDEXPENSES

6 For necessary expenses to enable the Vice President 

7 to provide assistance to the President in connection with 

8 specially assigned functions; services as authorized by 5 

9 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex10 penses as authorized by 3 U.S.C. 106, which shall be ex11 pended and accounted for as provided in that section; and 

12 hire of passenger motor vehicles, $4,461,000. 

13 OPERATING EXPENSES

14 (INCLUDING TRANSFER OF FUNDS)

15 For the care, operation, refurnishing, improvement, 

16 and to the extent not otherwise provided for, heating and 

17 lighting, including electric power and fixtures, of the offi18 cial residence of the Vice President; the hire of passenger 

19 motor vehicles; and not to exceed $90,000 for official en20 tertainment expenses of the Vice President, to be ac21 counted for solely on his certificate, $331,000: Provided,

22 That advances or repayments or transfers from this ap23 propriation may be made to any department or agency for 

24 expenses of carrying out such activities. 
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1 TITLE V—INDEPENDENT AGENCIES

2 ARCHITECTURAL AND TRANSPORTATION 

3 BARRIERS COMPLIANCE BOARD 

4 SALARIES AND EXPENSES

5 For expenses necessary for the Architectural and 

6 Transportation Barriers Compliance Board, as authorized 

7 by section 502 of the Rehabilitation Act of 1973, as 

8 amended $5,401,000: Provided, That, notwithstanding 

9 any other provision of law, there may be credited to this 

10 appropriation funds received for publications and training 

11 expenses, to be available for the purpose of this account. 

12 NATIONAL TRANSPORTATION SAFETY BOARD 

13 SALARIES AND EXPENSES

14 For necessary expenses of the National Transpor15 tation Safety Board, including hire of passenger motor ve16 hicles and aircraft; services as authorized by 5 U.S.C. 

17 3109, but at rates for individuals not to exceed the per 

18 diem rate equivalent to the rate for a GS–15; uniforms, 

19 or allowances therefor, as authorized by law (5 U.S.C. 

20 5901–5902) $76,679,000, of which not to exceed $2,000 

21 may be used for official reception and representation ex22 penses. 

23 EMERGENCY FUND

24 For necessary expenses of the National Transpor25 tation Safety Board for accident investigations, $600,000, 
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1 to remain available until expended: Provided, That these 

2 funds shall be available only to the extent necessary to 

3 restore the balance of the emergency fund to $2,000,000 

4 (29 U.S.C. 1118 (b)). 

5 COMMITTEE FOR PURCHASE FROM PEOPLE 

6 WHO ARE BLIND OR SEVERELY DISABLED 

7 SALARIES AND EXPENSES

8 For necessary expenses of the Committee for Pur9 chase From People Who Are Blind or Severely Disabled 

10 established by Public Law 92–28, $4,725,000. 

11 FEDERAL ELECTION COMMISSION 

12 SALARIES AND EXPENSES

13 For necessary expenses to carry out the provisions 

14 of the Federal Election Campaign Act of 1971, as amend15 ed, $50,440,000, of which no less than $6,389,900 shall 

16 be available for internal automated data processing sys17 tems, and of which not to exceed $5,000 shall be available 

18 for reception and representation expenses.

19 ELECTION ASSISTANCE COMMISSION 

20 SALARIES AND EXPENSES

21 For necessary expenses to carry out the Help Amer22 ica Vote Act of 2002, $5,000,000.

23 ELECTION REFORM PROGRAMS

24 For necessary expenses to carry out a program of re25 quirements payments to States as authorized by Section 
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1 257 of the Help America Vote Act of 2002, $495,000,000: 

Provided, That no more that 1 2 ⁄10 of 1 percent of funds 

3 available for requirements payments under Section 257 of 

4 the Help America Vote Act of 2002 shall be allocated to 

5 any territory.

6 FEDERAL LABOR RELATIONS AUTHORITY 

7 SALARIES AND EXPENSES

8 For necessary expenses to carry out functions of the 

9 Federal Labor Relations Authority, pursuant to Reorga10 nization Plan Numbered 2 of 1978, and the Civil Service 

11 Reform Act of 1978, including services authorized by 5 

12 U.S.C. 3109, and including hire of experts and consult13 ants, hire of passenger motor vehicles, and rental of con14 ference rooms in the District of Columbia and elsewhere, 

15 $29,611,000: Provided, That public members of the Fed16 eral Service Impasses Panel may be paid travel expenses 

17 and per diem in lieu of subsistence as authorized by law 

18 (5 U.S.C. 5703) for persons employed intermittently in 

19 the Government service, and compensation as authorized 

20 by 5 U.S.C. 3109: Provided further, That notwithstanding 

21 31 U.S.C. 3302, funds received from fees charged to non22 Federal participants at labor-management relations con23 ferences shall be credited to and merged with this account, 

24 to be available without further appropriation for the costs 

25 of carrying out these conferences.
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1 FEDERAL MARITIME COMMISSION 

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Maritime 

4 Commission as authorized by section 201(d) of the Mer5 chant Marine Act, 1936, as amended (46 U.S.C. App. 

6 1111), including services as authorized by 5 U.S.C. 3109; 

7 hire of passenger motor vehicles as authorized by 31 

8 U.S.C. 1343(b); and uniforms or allowances therefore, as 

9 authorized by 5 U.S.C. 5901–5902, $18,471,000: Pro10 vided, That not to exceed $2,000 shall be available for offi11 cial reception and representation expenses. 

12 GENERAL SERVICES ADMINISTRATION 

13 REAL PROPERTY ACTIVITIES

14 (FEDERAL BUILDINGS FUND)

15 (LIMITATIONS ON AVAILABILITY OF REVENUE)

16 (INCLUDING TRANSFER OF FUNDS)

17 For an additional amount to be deposited in, and to 

18 be used for the purposes of, the Fund established pursu19 ant to section 210(f) of the Federal Property and Admin20 istrative Services Act of 1949, as amended (40 U.S.C. 

21 592), $247,350,000. The revenues and collections depos22 ited into the Fund shall be available for necessary ex23 penses of real property management and related activities 

24 not otherwise provided for, including operation, mainte25 nance, and protection of federally owned and leased build26 ings; rental of buildings in the District of Columbia; res-
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1 toration of leased premises; moving governmental agencies 

2 (including space adjustments and telecommunications re3 location expenses) in connection with the assignment, allo4 cation and transfer of space; contractual services incident 

5 to cleaning or servicing buildings, and moving; repair and 

6 alteration of federally owned buildings including grounds, 

7 approaches and appurtenances; care and safeguarding of 

8 sites; maintenance, preservation, demolition, and equip9 ment; acquisition of buildings and sites by purchase, con10 demnation, or as otherwise authorized by law; acquisition 

11 of options to purchase buildings and sites; conversion and 

12 extension of federally owned buildings; preliminary plan13 ning and design of projects by contract or otherwise; con14 struction of new buildings (including equipment for such 

15 buildings); and payment of principal, interest, and any 

16 other obligations for public buildings acquired by install17 ment purchase and purchase contract; in the aggregate 

18 amount of $6,557,518,000, of which: (1) $406,168,000 

19 shall remain available until expended for construction (in20 cluding funds for sites and expenses and associated design 

21 and construction services) of additional projects at the fol22 lowing locations: 

23 New Construction:

24 California: 

25 San Diego, Border Station, $34,211,000
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1 Georgia: 

2 Atlanta, Tuttle Building Annex, 

3 $10,600,000

4 Maine: 

5 Jackman, Border Station, $7,712,000

6 Maryland: 

7 Suitland, United States Census Bureau, 

8 $146,451,000

9 Michigan: 

10 Detroit, Ambassador Bridge Border Sta11 tion, $25,387,000

12 New York: 

13 Champlain, Border Station, $31,031,000

14 Texas: 

15 Del Rio, Border Station, $23,966,000

16 Eagle Pass, Border Station, $31,980,000

17 Houston, Federal Bureau of Investigation, 

18 $58,080,000

19 McAllen, Border Station, $17,938,000

20 Washington: 

21 Blaine, Border Station, $9,812,000

22 Nonprospectus Construction, $9,000,000:

23 Provided, That each of the foregoing limits of costs on 

24 new construction projects may be exceeded to the extent 

25 that savings are effected in other such projects, but not 
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1 to exceed 10 percent of the amounts included in an ap2 proved prospectus, if required, unless advance approval is 

3 obtained from the Committees on Appropriations of a 

4 greater amount: Provided further, That all funds for direct 

5 construction projects shall expire on September 30, 2005, 

6 and remain in the Federal Buildings Fund except for 

7 funds for projects as to which funds for design or other 

8 funds have been obligated in whole or in part prior to such 

9 date; (2) $1,010,454,000 shall remain available until ex10 pended for repairs and alterations, which includes associ11 ated design and construction services: 

12 Colorado: 

13 Denver, Byron G. Rogers Federal Build14 ing—Courthouse, $39,436,000

15 District of Columbia: 

16 320 First Street, $7,485,000

17 Eisenhower Executive Office Building, 

18 $65,757,000

19 Federal Office Building 8, $134,872,000

20 Main Interior Building, $15,603,000

21 Fire & Life Safety, $68,188,000

22 Georgia: 

23 Atlanta, Richard B. Russell Federal Build24 ing, $32,173,000

25 Illinois: 
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1 Chicago, Dirksen Courthouse & Kluczynski 

2 Federal Building, $24,056,000

3 Springfield, Paul H. Findley Federal 

4 Building—Courthouse, $6,183,000

5 Massachusetts: 

6 Boston, John W. McCormack Post Office 

7 and Courthouse, $73,037,000

8 New York: 

9 Brooklyn, Emanuel Celler Courthouse, 

10 $65,511,000

11 North Dakota: 

12 Fargo, Federal Building—Post Office, 

13 $5,801,000

14 Ohio: 

15 Columbus, John W. Bricker Federal Build16 ing, $10,707,000

17 Washington: 

18 Auburn, Building 7, Auburn Federal 

19 Building, $18,315,000

20 Seattle, Henry M. Jackson Federal Build21 ing, $6,868,000

22 Special Emphasis Programs: 

23 Chlorofluorocarbons Program, $5,000,000

24 Energy Program, $5,000,000
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1 Glass Fragmentation Program, 

2 $20,000,000

3 Design Program, $41,462,000

4 Basic Repairs and Alterations, $365,000,000:

5 Provided further, That of the funds provided in this Act 

6 for the repair of the Eisenhower Executive Office Build7 ing, $30,757,000 is not available for obligation until 15 

8 days after the Executive Office of the President submits 

9 a report to the Committees on Appropriations regarding 

10 the use of non-Federal funding in renovation and fur11 nishing efforts for the Eisenhower Executive Office Build12 ing: Provided further, That funds made available in any 

13 previous Act in the Federal Buildings Fund for Repairs 

14 and Alterations shall, for prospectus projects, be limited 

15 to the amount identified for each project, except each 

16 project in any previous Act may be increased by an 

17 amount not to exceed 10 percent unless advance approval 

18 is obtained from the Committees on Appropriations of a 

19 greater amount: Provided further, That additional projects 

20 for which prospectuses have been fully approved may be 

21 funded under this category only if advance approval is ob22 tained from the Committees on Appropriations: Provided 

23 further, That the amounts provided in this or any prior 

24 Act for ‘‘Repairs and Alterations’’ may be used to fund 

25 costs associated with implementing security improvements 
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1 to buildings necessary to meet the minimum standards for 

2 security in accordance with current law and in compliance 

3 with the reprogramming guidelines of the appropriate 

4 Committees of the House and Senate: Provided further,

5 That the difference between the funds appropriated and 

6 expended on any projects in this or any prior Act, under 

7 the heading ‘‘Repairs and Alterations’’, may be trans8 ferred to Basic Repairs and Alterations or used to fund 

9 authorized increases in prospectus projects: Provided fur10 ther, That all funds for repairs and alterations prospectus 

11 projects shall expire on September 30, 2005 and remain 

12 in the Federal Buildings Fund except funds for projects 

13 as to which funds for design or other funds have been obli14 gated in whole or in part prior to such date: Provided fur15 ther, That the amount provided in this or any prior Act 

16 for Basic Repairs and Alterations may be used to pay 

17 claims against the Government arising from any projects 

18 under the heading ‘‘Repairs and Alterations’’ or used to 

19 fund authorized increases in prospectus projects; (3) 

20 $169,745,000 for installment acquisition payments includ21 ing payments on purchase contracts which shall remain 

22 available until expended; (4) $3,308,187,000 for rental of 

23 space which shall remain available until expended; and (5) 

24 $1,608,708,000 for building operations which shall remain 

25 available until expended: Provided further, That funds 
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1 available to the General Services Administration shall not 

2 be available for expenses of any construction, repair, alter3 ation and acquisition project for which a prospectus, if re4 quired by the Public Buildings Act of 1959, as amended, 

5 has not been approved, except that necessary funds may 

6 be expended for each project for required expenses for the 

7 development of a proposed prospectus: Provided further,

8 That funds available in the Federal Buildings Fund may 

9 be expended for emergency repairs when advance approval 

10 is obtained from the Committees on Appropriations: Pro11 vided further, That amounts necessary to provide reim12 bursable special services to other agencies under section 

13 210(f)(6) of the Federal Property and Administrative 

14 Services Act of 1949, as amended (40 U.S.C. 592(b)(2)) 

15 and amounts to provide such reimbursable fencing, light16 ing, guard booths, and other facilities on private or other 

17 property not in Government ownership or control as may 

18 be appropriate to enable the United States Secret Service 

19 to perform its protective functions pursuant to 18 U.S.C. 

20 3056, shall be available from such revenues and collec21 tions: Provided further, That revenues and collections and 

22 any other sums accruing to this Fund during fiscal year 

23 2004, excluding reimbursements under section 210(f)(6) 

24 of the Federal Property and Administrative Services Act 

25 of 1949 (40 U.S.C. 592(b)(2)) in excess of 
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1 $6,557,518,000 shall remain in the Fund and shall not 

2 be available for expenditure except as authorized in appro3 priations Acts. 

4 GENERAL ACTIVITIES

5 GOVERNMENTWIDE POLICY

6 For expenses authorized by law, not otherwise pro7 vided for, for Government-wide policy and evaluation ac8 tivities associated with the management of real and per9 sonal property assets and certain administrative services; 

10 Government-wide policy support responsibilities relating to 

11 acquisition, telecommunications, information technology 

12 management, and related technology activities; and serv13 ices as authorized by 5 U.S.C. 3109, $56,383,000. 

14 OPERATING EXPENSES

15 For expenses authorized by law, not otherwise pro16 vided for, for Government-wide activities associated with 

17 utilization and donation of surplus personal property; dis18 posal of real property; telecommunications, information 

19 technology management, and related technology activities; 

20 providing Internet access to Federal information and serv21 ices; agency-wide policy direction and management, and 

22 Board of Contract Appeals; accounting, records manage23 ment, and other support services incident to adjudication 

24 of Indian Tribal Claims by the United States Court of 

25 Federal Claims; services as authorized by 5 U.S.C. 3109; 
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1 and not to exceed $7,500 for official reception and rep2 resentation expenses, $79,110,000. 

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector 

5 General and services authorized by 5 U.S.C. 3109, 

6 $39,169,000: Provided, That not to exceed $15,000 shall 

7 be available for payment for information and detection of 

8 fraud against the Government, including payment for re9 covery of stolen Government property: Provided further,

10 That not to exceed $2,500 shall be available for awards 

11 to employees of other Federal agencies and private citizens 

12 in recognition of efforts and initiatives resulting in en13 hanced Office of Inspector General effectiveness. 

14 ELECTRONIC GOVERNMENT FUND

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses in support of interagency 

17 projects that enable the Federal Government to expand 

18 its ability to conduct activities electronically, through the 

19 development and implementation of innovative uses of the 

20 Internet and other electronic methods, $1,000,000, to re21 main available until expended: Provided, That these funds 

22 may be transferred to Federal agencies to carry out the 

23 purposes of the Fund: Provided further, That this transfer 

24 authority shall be in addition to any other transfer author25 ity provided in this Act: Provided further, That such trans26 fers may not be made until 10 days after a proposed 
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1 spending plan and justification for each project to be un2 dertaken has been submitted to the Committees on Appro3 priations. 

4 ALLOWANCES ANDOFFICE STAFF FOR FORMER

5 PRESIDENTS

6 (INCLUDING TRANSFER OF FUNDS)

7 For carrying out the provisions of the Act of August 

8 25, 1958, as amended (3 U.S.C. 102 note), and Public 

9 Law 95–138, $3,393,000: Provided, That the Adminis10 trator of General Services shall transfer to the Secretary 

11 of the Treasury such sums as may be necessary to carry 

12 out the provisions of such Acts. 

13 GENERAL PROVISIONS—GENERAL SERVICES

14 ADMINISTRATION

15 SEC. 501. The appropriate appropriation or fund 

16 available to the General Services Administration shall be 

17 credited with the cost of operation, protection, mainte18 nance, upkeep, repair, and improvement, included as part 

19 of rentals received from Government corporations pursu20 ant to law (40 U.S.C. 129). 

21 SEC. 502. Funds available to the General Services 

22 Administration shall be available for the hire of passenger 

23 motor vehicles. 

24 SEC. 503. Funds in the Federal Buildings Fund 

25 made available for fiscal year 2004 for Federal Buildings 
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1 Fund activities may be transferred between such activities 

2 only to the extent necessary to meet program require3 ments: Provided, That any proposed transfers shall be ap4 proved in advance by the Committees on Appropriations. 

5 SEC. 504. No funds made available by this Act shall 

6 be used to transmit a fiscal year 2005 request for United 

7 States Courthouse construction that: (1) does not meet 

8 the design guide standards for construction as established 

9 and approved by the General Services Administration, the 

10 Judicial Conference of the United States, and the Office 

11 of Management and Budget; and (2) does not reflect the 

12 priorities of the Judicial Conference of the United States 

13 as set out in its approved 5-year construction plan: Pro14 vided, That the fiscal year 2005 request must be accom15 panied by a standardized courtroom utilization study of 

16 each facility to be constructed, replaced, or expanded. 

17 SEC. 505. None of the funds provided in this Act may 

18 be used to increase the amount of occupiable square feet, 

19 provide cleaning services, security enhancements, or any 

20 other service usually provided through the Federal Build21 ings Fund, to any agency that does not pay the rate per 

22 square foot assessment for space and services as deter23 mined by the General Services Administration in compli24 ance with the Public Buildings Amendments Act of 1972 

25 (Public Law 92–313). 
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1 SEC. 506. Funds provided to other Government agen2 cies by the Information Technology Fund, General Serv3 ices Administration, under section 110 of the Federal 

4 Property and Administrative Services Act of 1949 (40 

5 U.S.C. 757) and sections 5124(b) and 5128 of the 

6 Clinger-Cohen Act of 1996 (40 U.S.C. 1424(b) and 1428), 

7 for performance of pilot information technology projects 

8 which have potential for Government-wide benefits and 

9 savings, may be repaid to this Fund from any savings ac10 tually incurred by these projects or other funding, to the 

11 extent feasible. 

12 SEC. 507. From funds made available under the 

13 heading ‘‘Federal Buildings Fund, Limitations on Avail14 ability of Revenue’’, claims against the Government of less 

15 than $250,000 arising from direct construction projects 

16 and acquisition of buildings may be liquidated from sav17 ings effected in other construction projects with prior noti18 fication to the Committees on Appropriations. 

19 SEC. 508. None of the funds in this Act may be used 

20 by the General Services Administration to develop or im21 plement a mandatory system without exceptions that re22 quires agencies government-wide to use a specific elec23 tronic travel solution or the eTravel Service: Provided,

24 That this section shall also apply to the Department of 
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1 Transportation in any development of electronic travel so2 lutions for its modal administrations. 

3 SEC. 509. (a) The Administrator of General Services 

4 shall carry out the authority of the Election Assistance 

5 Commission to make election assistance payments under 

6 subtitle D of title II of the Help America Vote Act of 

7 2002, including the authority under such subtitle to re8 ceive statements and applications from entities seeking 

9 such payments and reports from entities receiving such 

10 payments. 

11 (b) The authority of the Administrator of General 

12 Services under subsection (a) shall apply with respect to 

13 amounts appropriated for fiscal year 2004 and amounts 

14 appropriated for fiscal year 2003 which remain unobli15 gated and unexpended at the end of fiscal year 2003, ex16 cept that this authority shall expire upon the earlier of—

17 (1) the expiration of the 3-month period which 

18 begins on the date on which all members of the 

19 Election Assistance Commission are appointed; or 

20 (2) June 30, 2004. 

21 (c) Upon the appointment of all members of the Elec22 tion Assistance Commission, the Administrator of General 

23 Services shall transmit to the Commission all statements, 

24 applications, and reports received by the Administrator in 

25 carrying out this section. 
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1 SEC. 510. None of the funds made available in this 

2 Act may be used by the General Services Administration 

3 to establish a quick response team processing center on 

4 East Brainerd Road in Chattanooga, Tennessee. 

5 MERIT SYSTEMS PROTECTION BOARD 

6 SALARIES AND EXPENSES

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses to carry out functions of the 

9 Merit Systems Protection Board pursuant to Reorganiza10 tion Plan Numbered 2 of 1978 and the Civil Service Re11 form Act of 1978, including services as authorized by 5 

12 U.S.C. 3109, rental of conference rooms in the District 

13 of Columbia and elsewhere, hire of passenger motor vehi14 cles, and direct procurement of survey printing, 

15 $32,877,000, together with not to exceed $2,626,000 for 

16 administrative expenses to adjudicate retirement appeals 

17 to be transferred from the Civil Service Retirement and 

18 Disability Fund in amounts determined by the Merit Sys19 tems Protection Board. 
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1 MORRIS K. UDALL SCHOLARSHIP AND EXCEL2 LENCE IN NATIONAL ENVIRONMENTAL 

3 POLICY FOUNDATION

4 MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN

5 NATIONAL ENVIRONMENTAL POLICY TRUST FUND

6 For payment to the Morris K. Udall Scholarship and 

7 Excellence in National Environmental Policy Trust Fund, 

8 pursuant to the Morris K. Udall Scholarship and Excel9 lence in National Environmental and Native American 

10 Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), 

11 $1,300,000, to remain available until expended of which 

12 $100,000 shall be used to conduct financial audits pursu13 ant to the Accountability of Tax Dollars Act of 2002 (Pub14 lic Law 107–289) notwithstanding sections 8 and 9 of 

15 Public Law 102–259: Provided, That up to 70 percent of 

16 such funds may be transferred by the Morris K. Udall 

17 Scholarship and Excellence in National Environmental 

18 Policy Foundation for the necessary expenses of the Na19 tive Nations Institute. 

20 ENVIRONMENTAL DISPUTE RESOLUTION FUND

21 For payment to the Environmental Dispute Resolu22 tion Fund to carry out activities authorized in the Envi23 ronmental Policy and Conflict Resolution Act of 1998, 

24 $1,300,000, to remain available until expended. 
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1 NATIONAL ARCHIVES AND RECORDS 

2 ADMINISTRATION 

3 OPERATING EXPENSES

4 For necessary expenses in connection with the admin5 istration of the National Archives and Records Adminis6 tration (including the Information Security Oversight Of7 fice) and archived Federal records and related activities, 

8 as provided by law, and for expenses necessary for the re9 view and declassification of documents, and for the hire 

10 of passenger motor vehicles, $255,191,000: Provided, 

11 That the Archivist of the United States is authorized to 

12 use any excess funds available from the amount borrowed 

13 for construction of the National Archives facility, for ex14 penses necessary to provide adequate storage for holdings: 

15 Provided further, That, of the funds provided in this para16 graph, $600,000 shall be for the preservation of the 

17 records of the Freedmen’s Bureau. 

18 ELECTRONIC RECORDS ARCHIVE

19 For necessary expenses in connection with the devel20 opment of an electronic records archive, to include all di21 rect project costs associated with research, analysis, de22 sign, development, and program management, 

23 $35,914,000, of which $22,000,000 shall remain available 

24 until September 30, 2006. 
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1 REPAIRS AND RESTORATION

2 For the repair, alteration, and improvement of ar3 chives facilities, and to provide adequate storage for hold4 ings, $6,458,000, to remain available until expended, of 

5 which $500,000 is for the Military Personnel Records 

6 Center requirements study. 

7 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

8 COMMISSION

9 GRANTS PROGRAM

10 For necessary expenses for allocations and grants for 

11 historical publications and records as authorized by 44 

12 U.S.C. 2504, as amended, $10,000,000, to remain avail13 able until expended. 

14 OFFICE OF GOVERNMENT ETHICS 

15 SALARIES AND EXPENSES

16 For necessary expenses to carry out functions of the 

17 Office of Government Ethics pursuant to the Ethics in 

18 Government Act of 1978, as amended and the Ethics Re19 form Act of 1989, including services as authorized by 5 

20 U.S.C. 3109, rental of conference rooms in the District 

21 of Columbia and elsewhere, hire of passenger motor vehi22 cles, and not to exceed $1,500 for official reception and 

23 representation expenses, $10,738,000. 
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1 OFFICE OF PERSONNEL MANAGEMENT 

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF TRUST FUNDS)

4 For necessary expenses to carry out functions of the 

5 Office of Personnel Management pursuant to Reorganiza6 tion Plan Numbered 2 of 1978 and the Civil Service Re7 form Act of 1978, including services as authorized by 5 

8 U.S.C. 3109; medical examinations performed for veterans 

9 by private physicians on a fee basis; rental of conference 

10 rooms in the District of Columbia and elsewhere; hire of 

11 passenger motor vehicles; not to exceed $2,500 for official 

12 reception and representation expenses; advances for reim13 bursements to applicable funds of the Office of Personnel 

14 Management and the Federal Bureau of Investigation for 

15 expenses incurred under Executive Order No. 10422 of 

16 January 9, 1953, as amended; and payment of per diem 

17 and/or subsistence allowances to employees where Voting 

18 Rights Act activities require an employee to remain over19 night at his or her post of duty, $119,498,000, of which 

20 $2,000,000 shall remain available until expended for the 

21 cost of the enterprise human resources integration project, 

22 $2,500,000 shall remain available until expended for the 

23 cost of leading the government-wide initiative to mod24 ernize federal payroll systems and service delivery, and 

25 $2,500,000 shall remain available through September 30, 
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1 2005 to coordinate and conduct program evaluation and 

2 performance measurement; and in addition $126,854,000 

3 for administrative expenses, to be transferred from the ap4 propriate trust funds of the Office of Personnel Manage5 ment without regard to other statutes, including direct 

6 procurement of printed materials, for the retirement and 

7 insurance programs, of which $27,640,000 shall remain 

8 available until expended for the cost of automating the re9 tirement recordkeeping systems: Provided, That the provi10 sions of this appropriation shall not affect the authority 

11 to use applicable trust funds as provided by sections 

12 8348(a)(1)(B), 8909(g), and 9004(f)(1)(A) and (2)(A) of 

13 title 5, United States Code: Provided further, That no part 

14 of this appropriation shall be available for salaries and ex15 penses of the Legal Examining Unit of the Office of Per16 sonnel Management established pursuant to Executive 

17 Order No. 9358 of July 1, 1943, or any successor unit 

18 of like purpose: Provided further, That the President’s 

19 Commission on White House Fellows, established by Exec20 utive Order No. 11183 of October 3, 1964, may, during 

21 fiscal year 2004, accept donations of money, property, and 

22 personal services in connection with the development of 

23 a publicity brochure to provide information about the 

24 White House Fellows, except that no such donations shall 
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1 be accepted for travel or reimbursement of travel expenses, 

2 or for the salaries of employees of such Commission. 

3 OFFICE OF INSPECTOR GENERAL

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFER OF TRUST FUNDS)

6 For necessary expenses of the Office of Inspector 

7 General in carrying out the provisions of the Inspector 

8 General Act, as amended, including services as authorized 

9 by 5 U.S.C. 3109, hire of passenger motor vehicles, 

10 $1,498,000, and in addition, not to exceed $14,427,000 

11 for administrative expenses to audit, investigate, and pro12 vide other oversight of the Office of Personnel Manage13 ment’s retirement and insurance programs, to be trans14 ferred from the appropriate trust funds of the Office of 

15 Personnel Management, as determined by the Inspector 

16 General: Provided, That the Inspector General is author17 ized to rent conference rooms in the District of Columbia 

18 and elsewhere. 

19 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

20 HEALTH BENEFITS

21 For payment of Government contributions with re22 spect to retired employees, as authorized by chapter 89 

23 of title 5, United States Code, and the Retired Federal 

24 Employees Health Benefits Act (74 Stat. 849), as amend25 ed, such sums as may be necessary. 
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1 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

2 LIFE INSURANCE

3 For payment of Government contributions with re4 spect to employees retiring after December 31, 1989, as 

5 required by chapter 87 of title 5, United States Code, such 

6 sums as may be necessary. 

7 PAYMENT TO CIVIL SERVICE RETIREMENT AND

8 DISABILITY FUND

9 For financing the unfunded liability of new and in10 creased annuity benefits becoming effective on or after Oc11 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an12 nuities under special Acts to be credited to the Civil Serv13 ice Retirement and Disability Fund, such sums as may 

14 be necessary: Provided, That annuities authorized by the 

15 Act of May 29, 1944, as amended, and the Act of August 

16 19, 1950, as amended (33 U.S.C. 771–775), may here17 after be paid out of the Civil Service Retirement and Dis18 ability Fund. 

19 HUMAN CAPITAL PERFORMANCE FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For a human capital performance fund, $2,500,000: 

22 Provided, That such amount shall not be available for obli23 gation or transfer until enactment of legislation that es24 tablishes a human capital performance fund within the Of25 fice of Personnel Management: Provided further, That 
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1 such amounts as determined by the Director of the Office 

2 of Personnel Management may be transferred to federal 

3 agencies to carry out the purposes of this fund as author4 ized: Provided further, That no funds shall be available 

5 for obligation or transfer to any federal agency until the 

6 Director has notified the relevant subcommittees of juris7 diction of the Committees on Appropriations of the ap8 proval of a performance pay plan for that agency, and the 

9 prior approval of such subcommittees has been attained.

10 OFFICE OF SPECIAL COUNSEL 

11 SALARIES AND EXPENSES

12 For necessary expenses to carry out functions of the 

13 Office of Special Counsel pursuant to Reorganization Plan 

14 Numbered 2 of 1978, the Civil Service Reform Act of 

15 1978 (Public Law 95–454), as amended, the Whistle16 blower Protection Act of 1989 (Public Law 101–12), as 

17 amended, Public Law 103–424, and the Uniformed Serv18 ices Employment and Reemployment Act of 1994 (Public 

19 Law 103–353), including services as authorized by 5 

20 U.S.C. 3109, payment of fees and expenses for witnesses, 

21 rental of conference rooms in the District of Columbia and 

22 elsewhere, and hire of passenger motor vehicles; 

23 $13,504,000. 
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1 UNITED STATES TAX COURT 

2 SALARIES AND EXPENSES

3 For necessary expenses, including contract reporting 

4 and other services as authorized by 5 U.S.C. 3109, 

5 $40,187,000: Provided, That travel expenses of the judges 

6 shall be paid upon the written certificate of the judge. 

7 WHITE HOUSE COMMISSION ON THE NATIONAL 

8 MOMENT OF REMEMBRANCE 

9 For necessary expenses of the White House Commis10 sion on the National Moment of Remembrance, $250,000. 

11 TITLE VI—GENERAL PROVISIONS 

12 THIS ACT

13 (INCLUDING TRANSFERS OF FUNDS)

14 SEC. 601. During the current fiscal year applicable 

15 appropriations to the Department of Transportation shall 

16 be available for maintenance and operation of aircraft; 

17 hire of passenger motor vehicles and aircraft; purchase of 

18 liability insurance for motor vehicles operating in foreign 

19 countries on official department business; and uniforms, 

20 or allowances therefor, as authorized by law (5 U.S.C. 

21 5901–5902). 

22 SEC. 602. Such sums as may be necessary for fiscal 

23 year 2004 pay raises for programs funded in this Act shall 

24 be absorbed within the levels appropriated in this Act or 

25 previous appropriations Acts. 
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1 SEC. 603. Appropriations contained in this Act for 

2 the Department of Transportation shall be available for 

3 services as authorized by 5 U.S.C. 3109, but at rates for 

4 individuals not to exceed the per diem rate equivalent to 

5 the rate for an Executive Level IV. 

6 SEC. 604. None of the funds in this Act shall be avail7 able for salaries and expenses of more than 110 political 

8 and Presidential appointees in the Department of Trans9 portation: Provided, That none of the personnel covered 

10 by this provision may be assigned on temporary detail out11 side the Department of Transportation. 

12 SEC. 605. None of the funds in this Act shall be used 

13 for the planning or execution of any program to pay the 

14 expenses of, or otherwise compensate, non-Federal parties 

15 intervening in regulatory or adjudicatory proceedings 

16 funded in this Act. 

17 SEC. 606. None of the funds appropriated in this Act 

18 shall remain available for obligation beyond the current 

19 fiscal year, nor may any be transferred to other appropria20 tions, unless expressly so provided herein. 

21 SEC. 607. The expenditure of any appropriation 

22 under this Act for any consulting service through procure23 ment contract pursuant to section 3109 of title 5, United 

24 States Code, shall be limited to those contracts where such 

25 expenditures are a matter of public record and available 
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1 for public inspection, except where otherwise provided 

2 under existing law, or under existing Executive order 

3 issued pursuant to existing law. 

4 SEC. 608. None of the funds in this Act shall be used 

5 to implement section 404 of title 23, United States Code. 

6 SEC. 609. (a) No recipient of funds made available 

7 in this Act shall disseminate personal information (as de8 fined in 18 U.S.C. 2725(3)) obtained by a State depart9 ment of motor vehicles in connection with a motor vehicle 

10 record as defined in 18 U.S.C. 2725(1), except as provided 

11 in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 

12 2721. 

13 (b) Notwithstanding subsection (a), no department or 

14 agency shall withhold funds provided in this Act for any 

15 grantee if a State is in noncompliance with this provision. 

16 SEC. 610. Funds received by the Federal Highway 

17 Administration, Federal Transit Administration, and Fed18 eral Railroad Administration from States, counties, mu19 nicipalities, other public authorities, and private sources 

20 for expenses incurred for training may be credited respec21 tively to the Federal Highway Administration’s ‘‘Federal22 Aid Highways’’ account, the Federal Transit Administra23 tion’s ‘‘Transit Planning and Research’’ account, and to 

24 the Federal Railroad Administration’s ‘‘Safety and Oper-
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1 ations’’ account, except for State rail safety inspectors 

2 participating in training pursuant to 49 U.S.C. 20105. 

3 SEC. 611. Notwithstanding any other provision of 

4 law, rule or regulation, the Secretary of Transportation 

5 is authorized to allow the issuer of any preferred stock 

6 heretofore sold to the Department to redeem or repur7 chase such stock upon the payment to the Department of 

8 an amount determined by the Secretary. 

9 SEC. 612. None of the funds in title I of this Act 

10 may be used to make a grant unless the Secretary of 

11 Transportation notifies the House and Senate Committees 

12 on Appropriations not less than 3 full business days before 

13 any discretionary grant award, letter of intent, or full 

14 funding grant agreement totaling $1,000,000 or more is 

15 announced by the department or its modal administrations 

16 from: (1) any discretionary grant program of the Federal 

17 Highway Administration other than the emergency relief 

18 program; (2) the airport improvement program of the 

19 Federal Aviation Administration; or (3) any program of 

20 the Federal Transit Administration other than the for21 mula grants and fixed guideway modernization programs: 

22 Provided, That no notification shall involve funds that are 

23 not available for obligation. 

24 SEC. 613. For the purpose of any applicable law, for 

25 fiscal year 2004, the city of Norman, Oklahoma, shall be 
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1 considered to be part of the Oklahoma City Transpor2 tation Management Area. 

3 SEC. 614. None of the funds in this Act may be obli4 gated for the Office of the Secretary of Transportation 

5 to approve assessments or reimbursable agreements per6 taining to funds appropriated to the modal administra7 tions in this Act, except for activities underway on the 

8 date of enactment of this Act, unless such assessments 

9 or agreements have completed the normal reprogramming 

10 process for Congressional notification. 

11 SEC. 615. None of the funds made available in this 

12 Act may be transferred to any department, agency, or in13 strumentality of the United States Government, except 

14 pursuant to a transfer made by, or transfer authority pro15 vided in, this Act or any other appropriations Act. 

16 SEC. 616. Rebates, refunds, incentive payments, 

17 minor fees and other funds received by the Department 

18 of Transportation from travel management centers, 

19 charge card programs, the subleasing of building space, 

20 and miscellaneous sources are to be credited to appropria21 tions of the Department of Transportation and allocated 

22 to elements of the Department of Transportation using 

23 fair and equitable criteria and such funds shall be avail24 able until expended. 
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1 SEC. 617. Amounts made available in this or any 

2 other Act that the Secretary determines represent im3 proper payments by the Department of Transportation to 

4 a third party contractor under a financial assistance 

5 award, which are recovered pursuant to law, shall be avail6 able—

7 (1) to reimburse the actual expenses incurred 

8 by the Department of Transportation in recovering 

9 improper payments; and 

10 (2) to pay contractors for services provided in 

11 recovering improper payments: Provided, That 

12 amounts in excess of that required for paragraphs 

13 (1) and (2)—

14 (A) shall be credited to and merged with 

15 the appropriation from which the improper pay16 ments were made, and shall be available for the 

17 purposes and period for which such appropria18 tions are available; or 

19 (B) if no such appropriation remains avail20 able, shall be deposited in the Treasury as mis21 cellaneous receipts: Provided further, That prior 

22 to the transfer of any such recovery to an ap23 propriations account, the Secretary shall notify 

24 the House and Senate Committees on Appro25 priations of the amount and reasons for such 
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1 transfer: Provided further, That for purposes of 

2 this section, the term ‘‘improper payments,’’ 

3 has the same meaning as that provided in sec4 tion 2(d)(2) of Public Law 107–300. 

5 SEC. 618. The Secretary of Transportation is author6 ized to transfer the unexpended balances available for the 

7 bonding assistance program from ‘‘Office of the Secretary, 

8 Salaries and expenses’’ to ‘‘Minority Business Outreach’’. 

9 SEC. 619. None of the funds made available by this 

10 Act shall be available for any activity or for paying the 

11 salary of any Government employee where funding an ac12 tivity or paying a salary to a Government employee would 

13 result in a decision, determination, rule, regulation, or pol14 icy that would prohibit the enforcement of section 307 of 

15 the Tariff Act of 1930. 

16 SEC. 620. No part of any appropriation contained in 

17 this Act shall be available to pay the salary for any person 

18 filling a position, other than a temporary position, for19 merly held by an employee who has left to enter the Armed 

20 Forces of the United States and has satisfactorily com21 pleted his period of active military or naval service, and 

22 has within 90 days after his release from such service or 

23 from hospitalization continuing after discharge for a pe24 riod of not more than 1 year, made application for restora25 tion to his former position and has been certified by the 
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1 Office of Personnel Management as still qualified to per2 form the duties of his former position and has not been 

3 restored thereto. 

4 SEC. 621. No funds appropriated pursuant to this 

5 Act may be expended by an entity unless the entity agrees 

6 that in expending the assistance the entity will comply 

7 with sections 2 through 4 of the Act of March 3, 1933 

8 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer9 ican Act’’). 

10 SEC. 622. Except as otherwise specifically provided 

11 by law, not to exceed 50 percent of unobligated balances 

12 remaining available at the end of fiscal year 2004 from 

13 appropriations made available for salaries and expenses 

14 for fiscal year 2004 in this Act, shall remain available 

15 through September 30, 2005, for each such account for 

16 the purposes authorized: Provided, That a request shall 

17 be submitted to the Committees on Appropriations for ap18 proval prior to the expenditure of such funds: Provided 

19 further, That these requests shall be made in compliance 

20 with reprogramming guidelines. 

21 SEC. 623. None of the funds made available in this 

22 Act may be used by the Executive Office of the President 

23 to request from the Federal Bureau of Investigation any 

24 official background investigation report on any individual, 

25 except when—
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1 (1) such individual has given his or her express 

2 written consent for such request not more than 6 

3 months prior to the date of such request and during 

4 the same presidential administration; or 

5 (2) such request is required due to extraor6 dinary circumstances involving national security. 

7 SEC. 624. For the purpose of resolving litigation and 

8 implementing any settlement agreements regarding the 

9 nonforeign area cost-of-living allowance program, the Of10 fice of Personnel Management may accept and utilize 

11 (without regard to any restriction on unanticipated travel 

12 expenses imposed in an Appropriations Act) funds made 

13 available to the Office pursuant to court approval. 

14 SEC. 625. No funds appropriated or otherwise made 

15 available under this Act shall be made available to any 

16 person or entity that has been convicted of violating the 

17 Buy American Act (41 U.S.C. 10a–10c). 

18 SEC. 626. No funds appropriated by this Act shall 

19 be available to pay for an abortion, or the administrative 

20 expenses in connection with any health plan under the 

21 Federal employees health benefits program which provides 

22 any benefits or coverage for abortions. 

23 SEC. 627. The provision of section 626 shall not 

24 apply where the life of the mother would be endangered 
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1 if the fetus were carried to term, or the pregnancy is the 

2 result of an act of rape or incest. 

3 SEC. 628. For the purpose of assisting State-sup4 ported intercity rail service, in order to demonstrate 

5 whether competition will provide higher quality rail pas6 senger service at reasonable prices, the Secretary of 

7 Transportation, working with affected States, shall de8 velop and implement a procedure for fair competitive bid9 ding by Amtrak and non-Amtrak operators for State-sup10 ported routes: Provided, That in the event a State desires 

11 to select or selects a non-Amtrak operator for the route, 

12 the State may make an agreement with Amtrak to use 

13 facilities and equipment of, or have services provided by, 

14 Amtrak under terms agreed to by the State and Amtrak 

15 to enable the non-Amtrak operator to provide the State16 supported service: Provided further, That if the parties 

17 cannot agree on terms, the Secretary shall, as a condition 

18 of receipt of Federal grant funds, order that the facilities 

19 and equipment be made available and the services be pro20 vided by Amtrak under reasonable terms and compensa21 tion: Provided further, That when prescribing reasonable 

22 compensation to Amtrak, the Secretary shall consider 

23 quality of service as a major factor when determining 

24 whether, and the extent to which, the amount of com25 pensation shall be greater than the incremental costs of 
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1 using the facilities and providing the services: Provided 

2 further, That the Secretary may reprogram up to 

3 $5,000,000 from the Amtrak operating grant funds for 

4 costs associated with the implementation of the fair bid 

5 procedure and demonstration of competition under this 

6 section. 

7 SEC. 629. None of the funds provided in this Act, 

8 provided by previous appropriations Acts to the agencies 

9 or entities funded in this Act that remain available for 

10 obligation or expenditure in fiscal year 2004, or provided 

11 from any accounts in the Treasury derived by the collec12 tion of fees and available to the agencies funded by this 

13 Act, shall be available for obligation or expenditure 

14 through a reprogramming of funds that—

15 (1) creates a new program; 

16 (2) eliminates a program, project, or activity; 

17 (3) increases funds for any program, project, or 

18 activity for which funds have been denied or re19 stricted by the Congress; 

20 (4) proposes to use funds directed for a specific 

21 activity by either the House or Senate Committees 

22 on Appropriations for a different purpose; 

23 (5) augments existing programs, projects, or ac24 tivities in excess of $5,000,000 or 10 percent, which25 ever is less; or 
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1 (6) reduces existing programs, projects, or ac2 tivities by 10 percent—

3 unless the House and Senate Committees on Appropria4 tions are notified at least 15 days in advance of such re5 programming.

6 SEC. 630. None of the funds made available in this 

7 Act may be used to require a State or local government 

8 to post a traffic control device or variable message sign, 

9 or any other type of traffic warning sign, in a language 

10 other than English, except with respect to the names of 

11 cities, streets, places, events, or signs related to an inter12 national border. 

13 SEC. 631. EXEMPTION FROM LIMITATIONS ON PRO14 CUREMENT OF FOREIGN INFORMATION TECHNOLOGY

15 THAT IS A COMMERCIAL ITEM.—(a) EXEMPTION.—Not16 withstanding any other provision of law, in order to pro17 mote Government access to commercial information tech18 nology, the restriction on purchasing nondomestic articles, 

19 materials, and supplies set forth in the Buy American Act 

20 (41 U.S.C. 10a et seq.), and the prohibition on acquiring 

21 foreign products under section 302(a)(1) of the Trade 

22 Agreements Act of 1979 (Public Law 96–39; 19 U.S.C. 

23 2512(a)(1)), shall not apply to the acquisition by the Fed24 eral Government of information technology (as defined in 

25 section 11101 of title 40, United States Code, that is a 
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1 commercial item (as defined in section 4(12) of the Office 

2 of Federal Procurement Policy Act (41 U.S.C. 403(12)). 

3 (b) DEFINITION.—Section 11101(6) of title 40, 

4 United States Code, is amended—

5 (1) in subparagraph (A), by inserting after 

6 ‘‘storage,’’ the following: ‘‘analysis, evaluation,’’; and 

7 (2) in subparagraph (B), by striking ‘‘ancillary 

8 equipment,’’ and inserting ‘‘ancillary equipment (in9 cluding imaging peripherals, input, output, and stor10 age devices necessary for security and surveillance), 

11 peripheral equipment designed to be controlled by 

12 the central processing unit of a computer,’’. 

13 SEC. 632. It is the sense of the House of Representa14 tives that empowerment zones within cities should have 

15 the necessary flexibility to expand to include relevant com16 munities so that empowerment zone benefits are equitably 

17 distributed. 

18 SEC. 633. It is the sense of the House of Representa19 tives that all census tracts contained in an empowerment 

20 zone, either fully or partially, should be equitably accorded 

21 the same benefits. 

22 SEC. 634. None of the funds made available in this 

23 Act may be used to finalize, implement, administer, or en24 force—
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1 (1) the proposed rule relating to the determina2 tion that real estate brokerage is an activity that is 

3 financial in nature or incidental to a financial activ4 ity published in the Federal Register on January 3, 

5 2001 (66 Fed. Reg. 307 et seq.); or 

6 (2) the revision proposed in such rule to section 

7 1501.2 of title 12 of the Code of Federal Regula8 tions. 

9 SEC. 635. It is the sense of Congress that, after prop10 er documentation, justification, and review, the Depart11 ment of Transportation should consider programs to reim12 burse general aviation ground support services at Ronald 

13 Reagan Washington National Airport, and airports lo14 cated within fifteen miles of Ronald Reagan Washington 

15 National Airport, for their financial losses due to Govern16 ment actions after the terrorist attacks of September 11, 

17 2001. 

18 SEC. 636. It is the sense of the House of Representa19 tives that public private partnerships (PPPs) could help 

20 eliminate some of the cost drivers behind complex, capital21 intensive highway and transit projects. The House of Rep22 resentatives encourages the Secretary of Transportation 

23 to apply available funds to select projects that are in the 

24 development phase, eligible under title 23 and title 49, 
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1 United States Code, except 23 U.S.C. 133(b)(8), and that 

2 employ a PPP strategy. 

3 TITLE VII—GENERAL PROVISIONS 

4 DEPARTMENTS, AGENCIES, AND CORPORATIONS

5 SEC. 701. Funds appropriated in this or any other 

6 Act may be used to pay travel to the United States for 

7 the immediate family of employees serving abroad in cases 

8 of death or life threatening illness of said employee. 

9 SEC. 702. No department, agency, or instrumentality 

10 of the United States receiving appropriated funds under 

11 this or any other Act for fiscal year 2004 shall obligate 

12 or expend any such funds, unless such department, agen13 cy, or instrumentality has in place, and will continue to 

14 administer in good faith, a written policy designed to en15 sure that all of its workplaces are free from the illegal 

16 use, possession, or distribution of controlled substances 

17 (as defined in the Controlled Substances Act) by the offi18 cers and employees of such department, agency, or instru19 mentality. 

20 SEC. 703. Unless otherwise specifically provided, the 

21 maximum amount allowable during the current fiscal year 

22 in accordance with section 16 of the Act of August 2, 1946 

23 (60 Stat. 810), for the purchase of any passenger motor 

24 vehicle (exclusive of buses, ambulances, law enforcement, 

25 and undercover surveillance vehicles), is hereby fixed at 
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1 $8,100 except station wagons for which the maximum 

2 shall be $9,100: Provided, That these limits may be ex3 ceeded by not to exceed $3,700 for police-type vehicles, 

4 and by not to exceed $4,000 for special heavy-duty vehi5 cles: Provided further, That the limits set forth in this sec6 tion may not be exceeded by more than 5 percent for elec7 tric or hybrid vehicles purchased for demonstration under 

8 the provisions of the Electric and Hybrid Vehicle Re9 search, Development, and Demonstration Act of 1976: 

10 Provided further, That the limits set forth in this section 

11 may be exceeded by the incremental cost of clean alter12 native fuels vehicles acquired pursuant to Public Law 

13 101–549 over the cost of comparable conventionally fueled 

14 vehicles. 

15 SEC. 704. Appropriations of the executive depart16 ments and independent establishments for the current fis17 cal year available for expenses of travel, or for the ex18 penses of the activity concerned, are hereby made available 

19 for quarters allowances and cost-of-living allowances, in 

20 accordance with 5 U.S.C. 5922–5924. 

21 SEC. 705. Unless otherwise specified during the cur22 rent fiscal year, no part of any appropriation contained 

23 in this or any other Act shall be used to pay the compensa24 tion of any officer or employee of the Government of the 

25 United States (including any agency the majority of the 
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1 stock of which is owned by the Government of the United 

2 States) whose post of duty is in the continental United 

3 States unless such person: (1) is a citizen of the United 

4 States; (2) is a person in the service of the United States 

5 on the date of the enactment of this Act who, being eligible 

6 for citizenship, has filed a declaration of intention to be7 come a citizen of the United States prior to such date and 

8 is actually residing in the United States; (3) is a person 

9 who owes allegiance to the United States; (4) is an alien 

10 from Cuba, Poland, South Vietnam, the countries of the 

11 former Soviet Union, or the Baltic countries lawfully ad12 mitted to the United States for permanent residence; (5) 

13 is a South Vietnamese, Cambodian, or Laotian refugee pa14 roled in the United States after January 1, 1975; or (6) 

15 is a national of the People’s Republic of China who quali16 fies for adjustment of status pursuant to the Chinese Stu17 dent Protection Act of 1992: Provided, That for the pur18 pose of this section, an affidavit signed by any such person 

19 shall be considered prima facie evidence that the require20 ments of this section with respect to his or her status have 

21 been complied with: Provided further, That any person 

22 making a false affidavit shall be guilty of a felony, and, 

23 upon conviction, shall be fined no more than $4,000 or 

24 imprisoned for not more than 1 year, or both: Provided 

25 further, That the above penal clause shall be in addition 
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1 to, and not in substitution for, any other provisions of ex2 isting law: Provided further, That any payment made to 

3 any officer or employee contrary to the provisions of this 

4 section shall be recoverable in action by the Federal Gov5 ernment. This section shall not apply to citizens of Ire6 land, Israel, or the Republic of the Philippines, or to na7 tionals of those countries allied with the United States in 

8 a current defense effort, or to international broadcasters 

9 employed by the United States Information Agency, or to 

10 temporary employment of translators, or to temporary em11 ployment in the field service (not to exceed 60 days) as 

12 a result of emergencies. 

13 SEC. 706. Appropriations available to any depart14 ment or agency during the current fiscal year for nec15 essary expenses, including maintenance or operating ex16 penses, shall also be available for payment to the General 

17 Services Administration for charges for space and services 

18 and those expenses of renovation and alteration of build19 ings and facilities which constitute public improvements 

20 performed in accordance with the Public Buildings Act of 

21 1959 (73 Stat. 749), the Public Buildings Amendments 

22 of 1972 (87 Stat. 216), or other applicable law. 

23 SEC. 707. In addition to funds provided in this or 

24 any other Act, all Federal agencies are authorized to re25 ceive and use funds resulting from the sale of materials, 
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1 including Federal records disposed of pursuant to a 

2 records schedule recovered through recycling or waste pre3 vention programs. Such funds shall be available until ex4 pended for the following purposes: 

5 (1) Acquisition, waste reduction and prevention, 

6 and recycling programs as described in Executive 

7 Order No. 13101 (September 14, 1998), including 

8 any such programs adopted prior to the effective 

9 date of the Executive order. 

10 (2) Other Federal agency environmental man11 agement programs, including, but not limited to, the 

12 development and implementation of hazardous waste 

13 management and pollution prevention programs. 

14 (3) Other employee programs as authorized by 

15 law or as deemed appropriate by the head of the 

16 Federal agency. 

17 SEC. 708. Funds made available by this or any other 

18 Act for administrative expenses in the current fiscal year 

19 of the corporations and agencies subject to chapter 91 of 

20 title 31, United States Code, shall be available, in addition 

21 to objects for which such funds are otherwise available, 

22 for rent in the District of Columbia; services in accordance 

23 with 5 U.S.C. 3109; and the objects specified under this 

24 head, all the provisions of which shall be applicable to the 

25 expenditure of such funds unless otherwise specified in the 
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1 Act by which they are made available: Provided, That in 

2 the event any functions budgeted as administrative ex3 penses are subsequently transferred to or paid from other 

4 funds, the limitations on administrative expenses shall be 

5 correspondingly reduced. 

6 SEC. 709. No part of any appropriation for the cur7 rent fiscal year contained in this or any other Act shall 

8 be paid to any person for the filling of any position for 

9 which he or she has been nominated after the Senate has 

10 voted not to approve the nomination of said person. 

11 SEC. 710. No part of any appropriation contained in 

12 this or any other Act shall be available for interagency 

13 financing of boards (except Federal Executive Boards), 

14 commissions, councils, committees, or similar groups 

15 (whether or not they are interagency entities) which do 

16 not have a prior and specific statutory approval to receive 

17 financial support from more than one agency or instru18 mentality. 

19 SEC. 711. Funds made available by this or any other 

20 Act to the Postal Service Fund (39 U.S.C. 2003) shall 

21 be available for employment of guards for all buildings and 

22 areas owned or occupied by the Postal Service and under 

23 the charge and control of the Postal Service, and such 

24 guards shall have, with respect to such property, the pow25 ers of special policemen provided by the first section of 
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1 the Act of June 1, 1948, as amended (62 Stat. 281; 40 

2 U.S.C. 318), and, as to property owned or occupied by 

3 the Postal Service, the Postmaster General may take the 

4 same actions as the Administrator of General Services 

5 may take under the provisions of sections 2 and 3 of the 

6 Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 

7 318a and 318b), attaching thereto penal consequences 

8 under the authority and within the limits provided in sec9 tion 4 of the Act of June 1, 1948, as amended (62 Stat. 

10 281; 40 U.S.C. 318c). 

11 SEC. 712. None of the funds made available pursuant 

12 to the provisions of this Act shall be used to implement, 

13 administer, or enforce any regulation which has been dis14 approved pursuant to a resolution of disapproval duly 

15 adopted in accordance with the applicable law of the 

16 United States. 

17 SEC. 713. (a) Notwithstanding any other provision 

18 of law, and except as otherwise provided in this section, 

19 no part of any of the funds appropriated for fiscal year 

20 2004, by this or any other Act, may be used to pay any 

21 prevailing rate employee described in section 

22 5342(a)(2)(A) of title 5, United States Code—

23 (1) during the period from the date of expira24 tion of the limitation imposed by the comparable sec25 tion for the previous fiscal years until the normal ef-
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1 fective date of the applicable wage survey adjust2 ment that is to take effect in fiscal year 2004, in an 

3 amount that exceeds the rate payable for the appli4 cable grade and step of the applicable wage schedule 

5 in accordance with such section; and 

6 (2) during the period consisting of the remain7 der of fiscal year 2004, in an amount that exceeds, 

8 as a result of a wage survey adjustment, the rate 

9 payable under paragraph (1) by more than the sum 

10 of—

11 (A) the percentage adjustment taking ef12 fect in fiscal year 2004 under section 5303 of 

13 title 5, United States Code, in the rates of pay 

14 under the General Schedule; and 

15 (B) the difference between the overall aver16 age percentage of the locality-based com17 parability payments taking effect in fiscal year 

18 2004 under section 5304 of such title (whether 

19 by adjustment or otherwise), and the overall av20 erage percentage of such payments which was 

21 effective in the previous fiscal year under such 

22 section. 

23 (b) Notwithstanding any other provision of law, no 

24 prevailing rate employee described in subparagraph (B) or 

25 (C) of section 5342(a)(2) of title 5, United States Code, 
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1 and no employee covered by section 5348 of such title, 

2 may be paid during the periods for which subsection (a) 

3 is in effect at a rate that exceeds the rates that would 

4 be payable under subsection (a) were subsection (a) appli5 cable to such employee. 

6 (c) For the purposes of this section, the rates payable 

7 to an employee who is covered by this section and who 

8 is paid from a schedule not in existence on September 30, 

9 2003, shall be determined under regulations prescribed by 

10 the Office of Personnel Management. 

11 (d) Notwithstanding any other provision of law, rates 

12 of premium pay for employees subject to this section may 

13 not be changed from the rates in effect on September 30, 

14 2003, except to the extent determined by the Office of 

15 Personnel Management to be consistent with the purpose 

16 of this section. 

17 (e) This section shall apply with respect to pay for 

18 service performed after September 30, 2003. 

19 (f) For the purpose of administering any provision 

20 of law (including any rule or regulation that provides pre21 mium pay, retirement, life insurance, or any other em22 ployee benefit) that requires any deduction or contribu23 tion, or that imposes any requirement or limitation on the 

24 basis of a rate of salary or basic pay, the rate of salary 
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1 or basic pay payable after the application of this section 

2 shall be treated as the rate of salary or basic pay. 

3 (g) Nothing in this section shall be considered to per4 mit or require the payment to any employee covered by 

5 this section at a rate in excess of the rate that would be 

6 payable were this section not in effect. 

7 (h) The Office of Personnel Management may provide 

8 for exceptions to the limitations imposed by this section 

9 if the Office determines that such exceptions are necessary 

10 to ensure the recruitment or retention of qualified employ11 ees. 

12 SEC. 714. During the period in which the head of 

13 any department or agency, or any other officer or civilian 

14 employee of the Government appointed by the President 

15 of the United States, holds office, no funds may be obli16 gated or expended in excess of $5,000 to furnish or re17 decorate the office of such department head, agency head, 

18 officer, or employee, or to purchase furniture or make im19 provements for any such office, unless advance notice of 

20 such furnishing or redecoration is expressly approved by 

21 the Committees on Appropriations. For the purposes of 

22 this section, the term ‘‘office’’ shall include the entire suite 

23 of offices assigned to the individual, as well as any other 

24 space used primarily by the individual or the use of which 

25 is directly controlled by the individual. 
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1 SEC. 715. Notwithstanding section 1346 of title 31, 

2 United States Code, or section 710 of this Act, funds 

3 made available for the current fiscal year by this or any 

4 other Act shall be available for the interagency funding 

5 of national security and emergency preparedness tele6 communications initiatives which benefit multiple Federal 

7 departments, agencies, or entities, as provided by Execu8 tive Order No. 12472 (April 3, 1984). 

9 SEC. 716. (a) None of the funds appropriated by this 

10 or any other Act may be obligated or expended by any 

11 Federal department, agency, or other instrumentality for 

12 the salaries or expenses of any employee appointed to a 

13 position of a confidential or policy-determining character 

14 excepted from the competitive service pursuant to section 

15 3302 of title 5, United States Code, without a certification 

16 to the Office of Personnel Management from the head of 

17 the Federal department, agency, or other instrumentality 

18 employing the Schedule C appointee that the Schedule C 

19 position was not created solely or primarily in order to 

20 detail the employee to the White House. 

21 (b) The provisions of this section shall not apply to 

22 Federal employees or members of the armed services de23 tailed to or from—

24 (1) the Central Intelligence Agency; 

25 (2) the National Security Agency; 
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1 (3) the Defense Intelligence Agency; 

2 (4) the offices within the Department of De3 fense for the collection of specialized national foreign 

4 intelligence through reconnaissance programs; 

5 (5) the Bureau of Intelligence and Research of 

6 the Department of State; 

7 (6) any agency, office, or unit of the Army, 

8 Navy, Air Force, and Marine Corps, the Department 

9 of Homeland Security, the Federal Bureau of Inves10 tigation and the Drug Enforcement Administration 

11 of the Department of Justice, the Department of 

12 Transportation, the Department of the Treasury, 

13 and the Department of Energy performing intel14 ligence functions; and 

15 (7) the Director of Central Intelligence. 

16 SEC. 717. No department, agency, or instrumentality 

17 of the United States receiving appropriated funds under 

18 this or any other Act for the current fiscal year shall obli19 gate or expend any such funds, unless such department, 

20 agency, or instrumentality has in place, and will continue 

21 to administer in good faith, a written policy designed to 

22 ensure that all of its workplaces are free from discrimina23 tion and sexual harassment and that all of its workplaces 

24 are not in violation of title VII of the Civil Rights Act 
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1 of 1964, as amended, the Age Discrimination in Employ2 ment Act of 1967, and the Rehabilitation Act of 1973. 

3 SEC. 718. No part of any appropriation contained in 

4 this or any other Act shall be available for the payment 

5 of the salary of any officer or employee of the Federal 

6 Government, who—

7 (1) prohibits or prevents, or attempts or threat8 ens to prohibit or prevent, any other officer or em9 ployee of the Federal Government from having any 

10 direct oral or written communication or contact with 

11 any Member, committee, or subcommittee of the 

12 Congress in connection with any matter pertaining 

13 to the employment of such other officer or employee 

14 or pertaining to the department or agency of such 

15 other officer or employee in any way, irrespective of 

16 whether such communication or contact is at the ini17 tiative of such other officer or employee or in re18 sponse to the request or inquiry of such Member, 

19 committee, or subcommittee; or 

20 (2) removes, suspends from duty without pay, 

21 demotes, reduces in rank, seniority, status, pay, or 

22 performance of efficiency rating, denies promotion 

23 to, relocates, reassigns, transfers, disciplines, or dis24 criminates in regard to any employment right, enti25 tlement, or benefit, or any term or condition of em-
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1 ployment of, any other officer or employee of the 

2 Federal Government, or attempts or threatens to 

3 commit any of the foregoing actions with respect to 

4 such other officer or employee, by reason of any 

5 communication or contact of such other officer or 

6 employee with any Member, committee, or sub7 committee of the Congress as described in paragraph 

8 (1). 

9 SEC. 719. (a) None of the funds made available in 

10 this or any other Act may be obligated or expended for 

11 any employee training that—

12 (1) does not meet identified needs for knowl13 edge, skills, and abilities bearing directly upon the 

14 performance of official duties; 

15 (2) contains elements likely to induce high lev16 els of emotional response or psychological stress in 

17 some participants; 

18 (3) does not require prior employee notification 

19 of the content and methods to be used in the train20 ing and written end of course evaluation; 

21 (4) contains any methods or content associated 

22 with religious or quasi-religious belief systems or 

23 ‘‘new age’’ belief systems as defined in Equal Em24 ployment Opportunity Commission Notice N–

25 915.022, dated September 2, 1988; or 
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1 (5) is offensive to, or designed to change, par2 ticipants’ personal values or lifestyle outside the 

3 workplace. 

4 (b) Nothing in this section shall prohibit, restrict, or 

5 otherwise preclude an agency from conducting training 

6 bearing directly upon the performance of official duties. 

7 SEC. 720. No funds appropriated in this or any other 

8 Act may be used to implement or enforce the agreements 

9 in Standard Forms 312 and 4414 of the Government or 

10 any other nondisclosure policy, form, or agreement if such 

11 policy, form, or agreement does not contain the following 

12 provisions: ‘‘These restrictions are consistent with and do 

13 not supersede, conflict with, or otherwise alter the em14 ployee obligations, rights, or liabilities created by Execu15 tive Order No. 12958; section 7211 of title 5, United 

16 States Code (governing disclosures to Congress); section 

17 1034 of title 10, United States Code, as amended by the 

18 Military Whistleblower Protection Act (governing disclo19 sure to Congress by members of the military); section 

20 2302(b)(8) of title 5, United States Code, as amended by 

21 the Whistleblower Protection Act (governing disclosures of 

22 illegality, waste, fraud, abuse or public health or safety 

23 threats); the Intelligence Identities Protection Act of 1982 

24 (50 U.S.C. 421 et seq.) (governing disclosures that could 

25 expose confidential Government agents); and the statutes 
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1 which protect against disclosure that may compromise the 

2 national security, including sections 641, 793, 794, 798, 

3 and 952 of title 18, United States Code, and section 4(b) 

4 of the Subversive Activities Act of 1950 (50 U.S.C. 

5 783(b)). The definitions, requirements, obligations, rights, 

6 sanctions, and liabilities created by said Executive order 

7 and listed statutes are incorporated into this agreement 

8 and are controlling.’’: Provided, That notwithstanding the 

9 preceding paragraph, a nondisclosure policy form or agree10 ment that is to be executed by a person connected with 

11 the conduct of an intelligence or intelligence-related activ12 ity, other than an employee or officer of the United States 

13 Government, may contain provisions appropriate to the 

14 particular activity for which such document is to be used. 

15 Such form or agreement shall, at a minimum, require that 

16 the person will not disclose any classified information re17 ceived in the course of such activity unless specifically au18 thorized to do so by the United States Government. Such 

19 nondisclosure forms shall also make it clear that they do 

20 not bar disclosures to Congress or to an authorized official 

21 of an executive agency or the Department of Justice that 

22 are essential to reporting a substantial violation of law. 

23 SEC. 721. No part of any funds appropriated in this 

24 or any other Act shall be used by an agency of the execu25 tive branch, other than for normal and recognized execu-
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1 tive-legislative relationships, for publicity or propaganda 

2 purposes, and for the preparation, distribution or use of 

3 any kit, pamphlet, booklet, publication, radio, television or 

4 film presentation designed to support or defeat legislation 

5 pending before the Congress, except in presentation to the 

6 Congress itself. 

7 SEC. 722. None of the funds appropriated by this or 

8 any other Act may be used by an agency to provide a Fed9 eral employee’s home address to any labor organization 

10 except when the employee has authorized such disclosure 

11 or when such disclosure has been ordered by a court of 

12 competent jurisdiction. 

13 SEC. 723. None of the funds made available in this 

14 Act or any other Act may be used to provide any non15 public information such as mailing or telephone lists to 

16 any person or any organization outside of the Federal 

17 Government without the approval of the Committees on 

18 Appropriations. 

19 SEC. 724. No part of any appropriation contained in 

20 this or any other Act shall be used for publicity or propa21 ganda purposes within the United States not heretofore 

22 authorized by the Congress. 

23 SEC. 725. Unless authorized in accordance with law 

24 or regulations to use such time for other purposes, an em25 ployee of an agency shall use official time in an honest 
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1 effort to perform official duties. An employee not under 

2 a leave system, including a Presidential appointee exempt3 ed under section 6301(2) of title 5, United States Code, 

4 has an obligation to expend an honest effort and a reason5 able proportion of such employee’s time in the perform6 ance of official duties: Provided, That in this section the 

7 term ‘‘agency’’—

8 (1) means an Executive agency as defined 

9 under section 105 of title 5, United States Code; 

10 (2) includes a military department as defined 

11 under section 102 of such title, the Postal Service, 

12 and the Postal Rate Commission; and 

13 (3) shall not include the General Accounting 

14 Office. 

15 SEC. 726. Notwithstanding 31 U.S.C. 1346 and sec16 tion 710 of this Act, funds made available for the current 

17 fiscal year by this or any other Act to any department 

18 or agency, which is a member of the Joint Financial Man19 agement Improvement Program (JFMIP), shall be avail20 able to finance an appropriate share of JFMIP adminis21 trative costs, as determined by the JFMIP, but not to ex22 ceed a total of $800,000 including the salary of the Execu23 tive Director and staff support. 

24 SEC. 727. Notwithstanding 31 U.S.C. 1346 and sec25 tion 710 of this Act, the head of each Executive depart-
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1 ment and agency is hereby authorized to transfer to or 

2 reimburse the ‘‘Governmentwide Policy’’ account, General 

3 Services Administration, with the approval of the Director 

4 of the Office of Management and Budget, funds made 

5 available for the current fiscal year by this or any other 

6 Act, including rebates from charge card and other con7 tracts. These funds shall be administered by the Adminis8 trator of General Services to support Government-wide fi9 nancial, information technology, procurement, and other 

10 management innovations, initiatives, and activities, as ap11 proved by the Director of the Office of Management and 

12 Budget, in consultation with the appropriate interagency 

13 groups designated by the Director (including the Chief Fi14 nancial Officers Council and the Joint Financial Manage15 ment Improvement Program for financial management 

16 initiatives, the Chief Information Officers Council for in17 formation technology initiatives, and the Procurement Ex18 ecutives Council for procurement initiatives). The total 

19 funds transferred or reimbursed shall not exceed 

20 $17,000,000. Such transfers or reimbursements may only 

21 be made 15 days following notification of the Committees 

22 on Appropriations by the Director of the Office of Man23 agement and Budget. 

24 SEC. 728. Notwithstanding any other provision of 

25 law, a woman may breastfeed her child at any location 
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1 in a Federal building or on Federal property, if the woman 

2 and her child are otherwise authorized to be present at 

3 the location. 

4 SEC. 729. Nothwithstanding section 1346 of title 31, 

5 United States Code, or section 710 of this Act, funds 

6 made available for the current fiscal year by this or any 

7 other Act shall be available for the interagency funding 

8 of specific projects, workshops, studies, and similar efforts 

9 to carry out the purposes of the National Science and 

10 Technology Council (authorized by Executive Order No. 

11 12881), which benefit multiple Federal departments, 

12 agencies, or entities: Provided, That the Office of Manage13 ment and Budget shall provide a report describing the 

14 budget of and resources connected with the National 

15 Science and Technology Council to the Committees on Ap16 propriations, the House Committee on Science; and the 

17 Senate Committee on Commerce, Science, and Transpor18 tation 90 days after enactment of this Act. 

19 SEC. 730. Any request for proposals, solicitation, 

20 grant application, form, notification, press release, or 

21 other publications involving the distribution of Federal 

22 funds shall indicate the agency providing the funds, the 

23 Catalog of Federal Domestic Assistance Number, as appli24 cable, and the amount provided. This provision shall apply 
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1 to direct payments, formula funds, and grants received by 

2 a State receiving Federal funds. 

3 SEC. 731. Subsection (f) of section 403 of Public Law 

4 103–356 (31 U.S.C. 501 note) is amended by striking 

5 ‘‘October 1, 2001’’ and inserting ‘‘October 1, 2004’’. 

6 SEC. 732. (a) PROHIBITION OF FEDERAL AGENCY

7 MONITORING OF PERSONAL INFORMATION ON USE OF

8 INTERNET.—None of the funds made available in this or 

9 any other Act may be used by any Federal agency—

10 (1) to collect, review, or create any aggregate 

11 list, derived from any means, that includes the col12 lection of any personally identifiable information re13 lating to an individual’s access to or use of any Fed14 eral Government Internet site of the agency; or 

15 (2) to enter into any agreement with a third 

16 party (including another government agency) to col17 lect, review, or obtain any aggregate list, derived 

18 from any means, that includes the collection of any 

19 personally identifiable information relating to an in20 dividual’s access to or use of any nongovernmental 

21 Internet site. 

22 (b) EXCEPTIONS.—The limitations established in 

23 subsection (a) shall not apply to—

24 (1) any record of aggregate data that does not 

25 identify particular persons; 
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1 (2) any voluntary submission of personally iden2 tifiable information; 

3 (3) any action taken for law enforcement, regu4 latory, or supervisory purposes, in accordance with 

5 applicable law; or 

6 (4) any action described in subsection (a)(1) 

7 that is a system security action taken by the oper8 ator of an Internet site and is necessarily incident 

9 to the rendition of the Internet site services or to the 

10 protection of the rights or property of the provider 

11 of the Internet site. 

12 (c) DEFINITIONS.—For the purposes of this section: 

13 (1) The term ‘‘regulatory’’ means agency ac14 tions to implement, interpret or enforce authorities 

15 provided in law. 

16 (2) The term ‘‘supervisory’’ means examina17 tions of the agency’s supervised institutions, includ18 ing assessing safety and soundness, overall financial 

19 condition, management practices and policies and 

20 compliance with applicable standards as provided in 

21 law. 

22 SEC. 733. (a) None of the funds appropriated by this 

23 Act may be used to enter into or renew a contract which 

24 includes a provision providing prescription drug coverage, 
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1 except where the contract also includes a provision for con2 traceptive coverage. 

3 (b) Nothing in this section shall apply to a contract 

4 with—

5 (1) any of the following religious plans: 

6 (A) Personal Care’s HMO; and 

7 (B) OSF Health Plans, Inc.; and 

8 (2) any existing or future plan, if the carrier 

9 for the plan objects to such coverage on the basis of 

10 religious beliefs. 

11 (c) In implementing this section, any plan that enters 

12 into or renews a contract under this section may not sub13 ject any individual to discrimination on the basis that the 

14 individual refuses to prescribe or otherwise provide for 

15 contraceptives because such activities would be contrary 

16 to the individual’s religious beliefs or moral convictions. 

17 (d) Nothing in this section shall be construed to re18 quire coverage of abortion or abortion-related services. 

19 SEC. 734. The Congress of the United States recog20 nizes the United States Anti-Doping Agency (USADA) as 

21 the official anti-doping agency for Olympic, Pan Amer22 ican, and Paralympic sport in the United States. 

23 SEC. 735. Not later than 6 months after the date of 

24 enactment of this Act, the Inspector General of each appli25 cable department or agency shall submit to the Committee 
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1 on Appropriations a report detailing what policies and pro2 cedures are in place for each department or agency to give 

3 first priority to the location of new offices and other facili4 ties in rural areas, as directed by the Rural Development 

5 Act of 1972.

6 SEC. 736. Each Executive department and agency 

7 shall evaluate the creditworthiness of an individual before 

8 issuing the individual a government travel charge card. 

9 The department or agency may not issue a government 

10 travel charge card to an individual that either lacks a cred11 it history or is found to have an unsatisfactory credit his12 tory as a result of this evaluation: Provided, That this re13 striction shall not preclude issuance of a restricted-use 

14 charge, debit, or stored value card made in accordance 

15 with agency procedures to (a) an individual with an unsat16 isfactory credit history where such card is used to pay 

17 travel expenses and the agency determines there is no suit18 able alternative payment mechanism available before 

19 issuing the card, or (b) an individual who lacks a credit 

20 history. Each Executive department and agency shall es21 tablish guidelines and procedures for disciplinary actions 

22 to be taken against agency personnel for improper, fraud23 ulent, or abusive use of government charge cards, which 

24 shall include appropriate disciplinary actions for use of 

25 charge cards for purposes, and at establishments, that are 
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1 inconsistent with the official business of the Department 

2 or agency or with applicable standards of conduct.

3 SEC. 737. Notwithstanding section 1346 of title 31, 

4 United States Code, or section 710 of this Act, funds 

5 made available for the current fiscal year by this or any 

6 other Act shall be available for the interagency funding 

7 of the National Oceanographic Partnership Program Of8 fice, authorized by 10 U.S.C. 7902, and the Coastal Amer9 ica program, which benefit multiple Federal departments, 

10 agencies, or entities: Provided, That the Department of 

11 Commerce shall provide a report describing the budget of 

12 and resources connected with the National Oceanographic 

13 Partnership Program Office and the Coastal America pro14 gram to the House and Senate Committees on Appropria15 tions, the House Committee on Science, and the Senate 

16 Committee on Commerce, Science, and Transportation 90 

17 days after the enactment of this Act. 

18 SEC. 738. Section 640(c) of the Treasury and Gen19 eral Government Appropriations Act, 2000 (Public Law 

20 106–58; 2 U.S.C. 437g note 1), as amended by section 

21 642 of the Treasury and General Government Appropria22 tions Act, 2002 (Public Law 107–67), is amended by 

23 striking ‘‘December 31, 2003’’ and inserting ‘‘December 

24 31, 2005’’. 
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1 SEC. 739. Section 304(a) of the Federal Election 

2 Campaign Act of 1971 (2 U.S.C. 434(a)) is amended as 

3 follows: 

4 (1) in clauses (a)(2)(A)(i) and (a)(4)(A)(ii) by 

5 striking the parenthetical ‘‘(or posted by registered 

6 or certified mail no later than the 15th day before)’’ 

7 and inserting in its place, ‘‘(or posted by any of the 

8 following: registered mail, certified mail, priority 

9 mail having a delivery confirmation, or express mail 

10 having a delivery confirmation, or delivered to an 

11 overnight delivery service with an on-line tracking 

12 system, if posted or delivered no later than the 15th 

13 day before)’’; and 

14 (2) by striking paragraph (a)(5) and inserting 

15 in its place, 

16 ‘‘(5) If a designation, report, or statement filed 

17 pursuant to this Act (other than under paragraph 

18 (2)(A)(i) or (4)(A)(ii) or subsection (g)(1)) is sent 

19 by registered mail, certified mail, priority mail hav20 ing a delivery confirmation, or express mail having 

21 a delivery confirmation, the United States postmark 

22 shall be considered the date of filing the designation, 

23 report or statement. If a designation, report or 

24 statement filed pursuant to this Act (other than 

25 under paragraph (2)(A)(i) or (4)(A)(ii), or sub-
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1 section (g)(1)) is sent by an overnight delivery serv2 ice with an on-line tracking system, the date on the 

3 proof of delivery to the delivery service shall be con4 sidered the date of filing of the designation, report, 

5 or statement.’’. 

6 SEC. 740. (a) The adjustment in rates of basic pay 

7 for employees under the statutory pay systems that takes 

8 effect in fiscal year 2004 under sections 5303 and 5304 

9 of title 5, United States Code, shall be an increase of 4.1 

10 percent, and this adjustment shall apply to civilian em11 ployees in the Department of Defense and the Department 

12 of Homeland Security and such adjustments shall be effec13 tive as of the first day of the first applicable pay period 

14 beginning on or after January 1, 2004. 

15 (b) Notwithstanding section 713 of this Act, the ad16 justment in rates of basic pay for the statutory pay sys17 tems that take place in fiscal year 2004 under sections 

18 5344 and 5348 of title 5, United States Code, shall be 

19 no less than the percentage in paragraph (a) as employees 

20 in the same location whose rates of basic pay are adjusted 

21 pursuant to the statutory pay systems under section 5303 

22 and 5304 of title 5, United States Code. Prevailing rate 

23 employees at locations where there are no employees whose 

24 pay is increased pursuant to sections 5303 and 5304 of 

25 title 5 and prevailing rate employees described in section 
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1 5343(a)(5) of title 5 shall be considered to be located in 

2 the pay locality designated as ‘‘Rest of US’’ pursuant to 

3 section 5304 of title 5 for purposes of this paragraph. 

4 (c) Funds used to carry out this section shall be paid 

5 from appropriations, which are made to each applicable 

6 department or agency for salaries and expenses for fiscal 

7 year 2004. 

8 SEC. 741. Not later than December 31 of each year, 

9 the head of each agency shall submit to Congress a report 

10 on the competitive sourcing activities performed during 

11 the previous fiscal year by Federal Government sources 

12 that are on the list required under the Federal Activities 

13 Inventory Reform Act of 1998 (Public Law 105–270; 31 

14 U.S.C. 501 note). The report shall include—

15 (1) the number of full time equivalent Federal 

16 employees studied for competitive sourcing; 

17 (2) the total agency cost required to carry out 

18 its competitive sourcing program; 

19 (3) the costs attributable to paying outside con20 sultants and contractors to carry out the agency’s 

21 competitive sourcing program; 

22 (4) the costs attributable to paying agency per23 sonnel to carry out its competitive sourcing program; 

24 and 
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1 (5) an estimate of the savings attributed as a 

2 result of the agency competitive sourcing program.

3 This Act may be cited as the ‘‘Transportation, Treas4 ury, and Independent Agencies Appropriations Act, 

5 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