IB 

108TH CONGRESS 

1ST SESSION H. R. 2989

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 23, 2003

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT

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 inde6 pendent agencies for the fiscal year ending September 30, 

7 2004, and for other purposes, namely:
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1 TITLE I 

2 DEPARTMENT OF TRANSPORTATION 

3 OFFICE OF THE SECRETARY 

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Secretary, 

6 $93,577,000 (increased by $500,000), of which not to ex7 ceed $2,212,000 shall be available for the immediate Of8 fice of the Secretary; not to exceed $841,000 shall be 

9 available for the immediate Office of the Deputy Sec10 retary; not to exceed $15,560,000 shall be available for 

11 the Office of the General Counsel; not to exceed 

12 $12,717,000 shall be available for the Office of the Under 

13 Secretary of Transportation for Policy; not to exceed 

14 $8,630,000 shall be available for the Office of the Assist15 ant Secretary for Budget and Programs; not to exceed 

16 $2,518,000 shall be available for the Office of the Assist17 ant Secretary for Governmental Affairs; not to exceed 

18 $28,882,000 shall be available for the Office of the Assist19 ant Secretary for Administration; not to exceed 

20 $1,982,000 shall be available for the Office of Public Af21 fairs; not to exceed $1,447,000 shall be available for the 

22 Office of the Executive Secretariat; not to exceed 

23 $730,000 shall be available for the Board of Contract Ap24 peals; not to exceed $1,268,000 shall be available for the 

25 Office of Small and Disadvantaged Business Utilization; 
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1 not to exceed $14,565,000 shall be available for the Office 

2 of the Chief Information Officer; and not to exceed 

3 $2,000,000 shall be available for the Office of Intelligence 

4 and Security: Provided, That the Secretary of Transpor5 tation is authorized to transfer funds appropriated for any 

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

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

8 appropriation for any office shall be increased or de9 creased by more than 5 percent by all such transfers: Pro10 vided further, That any change in funding greater than 

11 5 percent shall be submitted for approval to the House 

12 and Senate Committees on Appropriations: Provided fur13 ther, That not to exceed $60,000 shall be for allocation 

14 within the Department for official reception and represen15 tation expenses as the Secretary may determine: Provided 

16 further, That notwithstanding any other provision of law, 

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

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

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

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

21 the position of Assistant Secretary for Public Affairs. 

22 OFFICE OF CIVIL RIGHTS

23 For necessary expenses of the Office of Civil Rights, 

24 $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, activities, and 

5 making grants, to remain available until expended, 

6 $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 $4,043,000,000 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 FACILITIES AND EQUIPMENT

11 (AIRPORT AND AIRWAY TRUST FUND)

12 For necessary expenses, not otherwise provided for, 

13 for acquisition, establishment, technical support services, 

14 improvement by contract or purchase, and hire of air navi15 gation and experimental facilities and equipment, as au16 thorized under part A of subtitle VII of title 49, United 

17 States Code, including initial acquisition of necessary sites 

18 by lease or grant; engineering and service testing, includ19 ing construction of test facilities and acquisition of nec20 essary sites by lease or grant; construction and furnishing 

21 of quarters and related accommodations for officers and 

22 employees of the Federal Aviation Administration sta23 tioned at remote localities where such accommodations are 

24 not available; and the purchase, lease, or transfer of air25 craft from funds available under this heading; to be de-
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1 rived from the Airport and Airway Trust Fund, 

2 $2,900,000,000 (reduced by $2,000,000) (increased by 

3 $2,000,000), of which $2,479,158,800 shall remain avail4 able until September 30, 2006, and of which 

5 $420,841,200 shall remain available until September 30, 

6 2004: Provided, That there may be credited to this appro7 priation funds received from States, counties, municipali8 ties, other public authorities, and private sources, for ex9 penses incurred in the establishment and modernization 

10 of air navigation facilities: Provided further, That upon ini11 tial submission to the Congress of the fiscal year 2005 

12 President’s budget, the Secretary of Transportation shall 

13 transmit to the Congress a comprehensive capital invest14 ment plan for the Federal Aviation Administration which 

15 includes funding for each budget line item for fiscal years 

16 2005 through 2009, with total funding for each year of 

17 the plan constrained to the funding targets for those years 

18 as estimated and approved by the Office of Management 

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

20 for ‘‘In-plant NAS contract support services’’, $7,000,000 

21 is only for contract audit services provided by the Defense 

22 Contract Audit Agency: Provided further, That of the 

23 funds provided under this heading, $20,000,000 is avail24 able only for the Houston Area Air Traffic System: Pro25 vided further, That none of the funds in this Act may be 
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1 obligated or expended to implement section 106 of H.R. 

2 2115, as passed the House of Representatives on June 12, 

3 2003. 

4 RESEARCH, ENGINEERING, AND DEVELOPMENT

5 (AIRPORT AND AIRWAY TRUST FUND)

6 For necessary expenses, not otherwise provided for, 

7 for research, engineering, and development, as authorized 

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

9 Code, including construction of experimental facilities and 

10 acquisition of necessary sites by lease or grant, 

11 $108,000,000, to be derived from the Airport and Airway 

12 Trust Fund and to remain available until September 30, 

13 2006: Provided, That there may be credited to this appro14 priation funds received from States, counties, municipali15 ties, other public authorities, and private sources, for ex16 penses incurred for research, engineering, and develop17 ment. 

18 GENERAL PROVISIONS—FEDERAL AVIATION

19 ADMINISTRATION

20 SEC. 101. Notwithstanding any other provision of 

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

22 Federal Aviation Administration (FAA) instrument land23 ing systems (along with associated approach lighting 

24 equipment and runway visual range equipment) which 

25 conform to FAA design and performance specifications, 
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1 the purchase of which was assisted by a Federal airport2 aid program, airport development aid program or airport 

3 improvement program grant: Provided, That, the Federal 

4 Aviation Administration shall accept such equipment, 

5 which shall thereafter be operated and maintained by FAA 

6 in accordance with agency criteria. 

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

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

9 the federally funded research and development center con10 tract between the Federal Aviation Administration and the 

11 Center for Advanced Aviation Systems Development dur12 ing fiscal year 2004. 

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

14 Act may be used for engineering work related to an addi15 tional runway at Louis Armstrong New Orleans Inter16 national Airport. 

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

18 to pursue or adopt guidelines or regulations requiring air19 port sponsors to provide to the Federal Aviation Adminis20 tration without cost building construction, maintenance, 

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

22 buildings for services relating to air traffic control, air 

23 navigation, or weather reporting: Provided, That the pro24 hibition of funds in this section does not apply to negotia25 tions between the agency and airport sponsors to achieve 
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1 agreement on ‘‘below-market’’ rates for these items or to 

2 grant assurances that require airport sponsors to provide 

3 land without cost to the FAA for air traffic control facili4 ties. 

5 SEC. 105. None of the funds appropriated or limited 

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

7 prior permission rules at Teterboro Airport in Teterboro, 

8 New Jersey. 

9 SEC. 106. Notwithstanding any other provision of 

10 law, funds appropriated for official travel by Federal de11 partments and agencies may be used by such departments 

12 and agencies, if consistent with Office of Management and 

13 Budget circular A–126 regarding official travel for Gov14 ernment personnel, to participate in the fractional aircraft 

15 ownership pilot program. 

16 FEDERAL HIGHWAY ADMINISTRATION 

17 LIMITATION ON ADMINISTRATIVE EXPENSES

18 Necessary expenses for administration and operation 

19 of the Federal Highway Administration, not to exceed 

20 $359,458,000, shall be paid in accordance with law from 

21 appropriations made available by this Act to the Federal 

22 Highway Administration together with advances and reim23 bursements received by the Federal Highway Administra24 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 FEDERAL-AID HIGHWAYS

7 (HIGHWAY TRUST FUND)

8 For an additional amount for Federal-aid highways 

9 and highway safety construction programs pursuant to 

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

11 from the Highway Trust Fund (other than the Mass Tran12 sit Account) and to remain available until expended: Pro13 vided, That amounts under this heading shall be distrib14 uted in the same manner as if made available under 23 

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

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

17 obligation limitation or contract authority set forth in this 

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

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

20 be retained for surface transportation projects. 

21 GENERAL PROVISIONS—FEDERAL HIGHWAY

22 ADMINISTRATION

23 SEC. 110. Notwithstanding 31 U.S.C. 3302, funds re24 ceived by the Bureau of Transportation Statistics from the 

25 sale of data products, for necessary expenses incurred pur-
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1 suant to 49 U.S.C. 111 may be credited to the Federal2 aid highways account for the purpose of reimbursing the 

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

4 be subject to the obligation limitation for Federal-aid 

5 highways and highway safety construction. 

6 SEC. 111. Notwithstanding any other provision of 

7 law: 

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

9 Transportation Efficiency Act of 1991 (105 Stat. 

10 2032; 112 Stat. 191; 115 Stat. 871) is amended—

11 (A) in paragraph (42), by striking ‘‘Ful12 ton, Mississippi,’’ the first time that it appears 

13 and all that follows to the end of the paragraph 

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

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

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

17 from Memphis, Tennessee, to Corridor X of the Ap18 palachian development highway system near Fulton, 

19 Mississippi, and Corridor X of the Appalachian de20 velopment highway system extending from near Ful21 ton, Mississippi, to near Birmingham, Alabama.’’. 

22 (2) Section 1105(e)(5) of the Intermodal Sur23 face Transportation Efficiency Act of 1991 (105 

24 Stat. 2032; 115 Stat. 872) is amended—
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1 (A) in subparagraph (A) by striking ‘‘(A) 

2 IN GENERAL.—The portions’’ and all that fol3 lows through the end of the first sentence and 

4 inserting: 

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

6 routes referred to in subsection (c)(1), sub7 section (c)(3) (relating solely to the Kentucky 

8 Corridor), clauses (i), (ii), and (except with re9 spect to Georgetown County) (iii) of subsection 

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

11 and (c)(20), subsection (c)(36), subsection 

12 (c)(37), subsection (c)(40), subsection (c)(42), 

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

14 the Interstate System are designated as future 

15 parts of the Interstate System.’’; and 

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

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

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

19 Route I–22.’’. 

20 SEC. 112. Notwithstanding any other provision of 

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

22 the 21st Century—

23 (1) item number 230 is amended by striking 

24 ‘‘Monroe County transportation improvements on 

25 Long Pond Road, Pattonwood Road, and Lyell 
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1 road’’ and inserting ‘‘Route 531/Brockport-Roch2 ester Corridor in Monroe County, New York’’. 

3 (2) Item number 1149 is amended by striking 

4 ‘‘Traffic Mitigation Project on William Street and 

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

6 and implement mitigation and diversion options for 

7 William Street and Broadway Street in 

8 Cheektowaga, I–90 Corridor Study; Interchange 53 

9 to Interchange 49, PIN 552830 and Cheektowaga 

10 Rails to Trails, PIN 575508’’. 

11 (3) Item number 476 is amended by striking 

12 ‘‘Expand Perkins Road in Baton Rouge’’ and insert13 ing ‘‘Feasibility study, design, and construction of a 

14 connector between Louisiana Highway 1026 and I–

15 12 in Livingston Parish’’. 

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

17 1602 of the Transportation Equity Act for the 21st 

18 Century, relating to construction of a bike path in 

19 Michigan, is amended by striking ‘‘between Mount 

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

21 Macomb Orchard Trail in Macomb County’’. 

22 SEC. 113. Intelligent Transportation Systems appro23 priations made to the State of Wisconsin in Public Law 

24 105–277, Public Law 106–69, and Public Law 107–87 
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1 shall not be subject to the limitations of Public Law 105–

2 178, section 5208(d), 23 U.S.C. 502 note. 

3 SEC. 114. Notwithstanding Public Law 105–178, sec4 tion 5208(d), Intelligent Transportation Systems appro5 priations for—

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

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

8 106–69 shall be available for use in the counties of 

9 Ashland, Barron, Bayfield, Burnett, Chippewa, 

10 Douglas, Iron, Lincoln, Marathon, Polk, Portage, 

11 Price, Rusk, Sawyer, Taylor, Washburn, Wood, 

12 Clark, Langlade, and Oneida; and 

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

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

15 for use in the City of Superior and northern Wis16 consin. 

17 SEC. 115. Notwithstanding any other provision of 

18 law, for the purpose of assisting in the development, con19 struction and financing of additional improvements to the 

20 Alameda Corridor, including construction of a truck ex21 pressway or other enhancements, the Secretary of Trans22 portation shall modify the loan agreement entered into 

23 with the Alameda Corridor Transportation Authority pur24 suant to Public Law 104–208 to revise the interest rate 

25 to equal the average yield, as of the date of modification 
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1 of the loan agreement, on marketable Treasury securities 

2 of similar maturity to the expected remaining average life 

3 of the loan. 

4 SEC. 116. (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 For payment of obligations incurred in carrying out 

6 49 U.S.C. 31102, 31106 and 31309, $190,000,000, to be 

7 derived from the Highway Trust Fund and to remain 

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

9 in this Act shall be available for the implementation or 

10 execution of programs the obligations for which are in ex11 cess of $190,000,000 for ‘‘Motor Carrier Safety Grants’’ 

12 and ‘‘Information Systems’’. 

13 GENERAL PROVISIONS—FEDERAL MOTOR CARRIER

14 SAFETY ADMINISTRATION

15 SEC. 130. None of the funds appropriated, limited, 

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

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

18 16, 2003 (Docket No. FMCSA–97–2350) as it applies to 

19 operators of utility service vehicles as defined in 49 CFR 

20 section 395.2. 

21 SEC. 131. Funds appropriated or limited in this Act 

22 shall be subject to the terms and conditions stipulated in 

23 section 350 of Public Law 107–87, including that the Sec24 retary submit a report to the House and Senate Appro25 priations Committees annually on the safety and security 
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1 of transportation into the United States by Mexico-domi2 ciled motor carriers. 

3 NATIONAL HIGHWAY TRAFFIC SAFETY 

4 ADMINISTRATION 

5 OPERATIONS AND RESEARCH

6 For expenses necessary to discharge the functions of 

7 the Secretary, with respect to traffic and highway safety 

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

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

10 $206,178,000, of which $171,110,000 shall remain avail11 able until September 30, 2006: Provided, That none of the 

12 funds appropriated by this Act may be obligated or ex13 pended to plan, finalize, or implement any rulemaking to 

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

15 Regulations any requirement pertaining to a grading 

16 standard that is different from the three grading stand17 ards (treadwear, traction, and temperature resistance) al18 ready in effect. 

19 OPERATIONS AND RESEARCH

20 (LIQUIDATION OF CONTRACT AUTHORIZATION)

21 (LIMITATION ON OBLIGATIONS)

22 (HIGHWAY TRUST FUND)

23 For payment of obligations incurred in carrying out 

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

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

26 Trust Fund: Provided, That none of the funds in this Act 
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1 shall be available for the planning or execution of pro2 grams the total obligations for which, in fiscal year 2004, 

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

4 under 23 U.S.C. 403. 

5 NATIONAL DRIVER REGISTER

6 (HIGHWAY TRUST FUND)

7 For expenses necessary to discharge the functions of 

8 the Secretary with respect to the National Driver Register 

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

10 $3,600,000, to be derived from the Highway Trust Fund, 

11 and to remain available until expended. 

12 HIGHWAY TRAFFIC SAFETY GRANTS

13 (LIQUIDATION OF CONTRACT AUTHORIZATION)

14 (LIMITATION ON OBLIGATIONS)

15 (HIGHWAY TRUST FUND)

16 For payment of obligations incurred in carrying out 

17 the provisions of 23 U.S.C. 402, 405, and 410, to remain 

18 available until expended, $225,000,000, to be derived from 

19 the Highway Trust Fund: Provided, That none of the 

20 funds in this Act shall be available for the planning or 

21 execution of programs the total obligations for which, in 

22 fiscal year 2004, are in excess of $225,000,000 for pro23 grams authorized under 23 U.S.C. 402, 405, and 410, of 

24 which $165,000,000 shall be for ‘‘Highway Safety Pro25 grams’’ under 23 U.S.C. 402, $20,000,000 shall be for 

26 ‘‘Occupant Protection Incentive Grants’’ under 23 U.S.C. 
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1 405, and $40,000,000 shall be for ‘‘Alcohol-Impaired 

2 Driving Countermeasures Grants’’ under 23 U.S.C. 410: 

3 Provided further, That none of these funds shall be used 

4 for construction, rehabilitation, or remodeling costs, or for 

5 office furnishings and fixtures for State, local, or private 

6 buildings or structures: Provided further, That not to ex7 ceed $8,150,000 of the funds made available for section 

8 402, not to exceed $1,000,000 of the funds made available 

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

10 made available for section 410 shall be available to 

11 NHTSA for administering highway safety grants under 

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

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

14 for section 157, and $2,600,000 of the funds made avail15 able for section 163, shall be available to NHTSA for ad16 ministering highway safety grants under chapter 1 of title 

17 23, United States Code: Provided further, That not to ex18 ceed $500,000 of the funds made available for section 410 

19 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ 

20 shall be available for technical assistance to the States. 

21 GENERAL PROVISIONS—NATIONAL HIGHWAY TRAFFIC

22 SAFETY ADMINISTRATION

23 SEC. 140. Notwithstanding any other provision of 

24 law, States may use funds provided in this Act under sec25 tion 402 of title 23, United States Code, to produce and 
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1 place highway safety public service messages in television, 

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

3 accordance with guidance issued by the Secretary of 

4 Transportation: Provided, That any state that uses funds 

5 for such public service messages shall submit to the Sec6 retary and the House and Senate Committees on Appro7 priations a report describing and assessing the effective8 ness of the messages. 

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

10 Act may be used for the purpose of enforcing compliance 

11 with 49 CFR section 579.24, promulgated by the National 

12 Highway Traffic Safety Administration in accordance with 

13 section 30166(m) of title 49, United States Code, with re14 spect to trailers rated at 26,000 pounds or less gross vehi15 cle weight. 

16 FEDERAL RAILROAD ADMINISTRATION 

17 SAFETY AND OPERATIONS

18 For necessary expenses of the Federal Railroad Ad19 ministration, not otherwise provided for, $130,922,000, of 

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

21 RAILROAD RESEARCH AND DEVELOPMENT

22 For necessary expenses for railroad research and de23 velopment, $28,225,000, to remain available until ex24 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. 

17 UNIVERSITY TRANSPORTATION RESEARCH

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

19 $1,200,000, to remain available until expended: Provided,

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

21 be available for these purposes. 

22 TRANSIT PLANNING AND RESEARCH

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

24 5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 

25 5322, $24,200,000, to remain available until expended: 
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1 Provided, That no more than $122,000,000 of budget au2 thority shall be available for these purposes: Provided fur3 ther, That $5,250,000 is available to provide rural trans4 portation assistance (49 U.S.C. 5311(b)(2)), $4,000,000 

5 is available to carry out programs under the National 

6 Transit Institute (49 U.S.C. 5315), $8,250,000 is avail7 able to carry out transit cooperative research programs 

8 (49 U.S.C. 5313(a)), $60,385,600 is available for metro9 politan planning (49 U.S.C. 5303, 5304, and 5305), 

10 $12,614,400 is available for State planning (49 U.S.C. 

11 5313(b)); and $31,500,000 is available for the national 

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

13 TRUST FUND SHARE OF EXPENSES

14 (LIQUIDATION OF CONTRACT AUTHORIZATION)

15 (HIGHWAY TRUST FUND)

16 For payment of obligations incurred in carrying out 

17 49 U.S.C. 5303–5308, 5310–5315, 5317(b), 5322, 5327, 

18 5334, 5505, and sections 3037 and 3038 of Public Law 

19 105–178, $5,807,020,000 to remain available until ex20 pended, and to be derived from the Mass Transit Account 

21 of the Highway Trust Fund: Provided, That 

22 $3,071,200,000 shall be paid to the Federal Transit Ad23 ministration’s formula grants account: Provided further,

24 That $97,800,000 shall be paid to the Federal Transit Ad25 ministration’s transit planning and research account: Pro26 vided further, That $58,000,000 shall be paid to the Fed-
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1 eral Transit Administration’s administrative expenses ac2 count: Provided further, That $4,800,000 shall be paid to 

3 the Federal Transit Administration’s university transpor4 tation research account: Provided further, That 

5 $64,000,000 shall be paid to the Federal Transit Adminis6 tration’s job access and reverse commute grants program: 

7 Provided further, That $2,507,220,000 shall be paid to the 

8 Federal Transit Administration’s capital investment 

9 grants account. 

10 CAPITAL INVESTMENT GRANTS

11 (INCLUDING TRANSFER OF FUNDS)

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

13 5309, 5318, and 5327, $599,280,000, to remain available 

14 until expended: Provided, That no more than 

15 $3,106,500,000 of budget authority shall be available for 

16 these purposes: Provided further, That there shall be avail17 able for fixed guideway modernization, $1,214,400,000; 

18 there shall be available for the replacement, rehabilitation, 

19 and purchase of buses and related equipment and the con20 struction of bus-related facilities, $677,700,000; and there 

21 shall be available for new fixed guideway systems 

22 $1,214,400,000, to be available as follows: 

23 Baltimore, MD, Central Light Rail Double 

24 Track Project, $40,000,000; 
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1 BART San Francisco Airport (SFO), CA, Ex2 tension Project, $100,000,000; 

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

4 Charlotte, NC, South Corridor Light Rail 

5 Project, $4,000,000; 

6 Chicago Transit Authority, IL, Douglas Branch 

7 Reconstruction, $85,000,000; 

8 Chicago, IL, Metra Commuter Rail Expansions 

9 and Extensions, $52,000,000; 

10 Chicago, IL, Ravenswood Reconstruction, 

11 $45,000,000; 

12 Dallas, TX, North Central Light Rail Exten13 sion, $30,161,283; 

14 Denver, CO, Southeast Corridor LRT (T15 REX), $80,000,000; 

16 East Side Access Project, NY, Phase I, 

17 $70,000,000; 

18 Ft. Lauderdale, FL, Tri-Rail Commuter 

19 Project, $18,410,000; 

20 Las Vegas, NV, Resort Corridor Fixed Guide21 way, $15,000,000; 

22 Los Angeles, CA, Eastside Light Rail Transit 

23 System, $10,000,000; 

24 Memphis, TN, Medical Center Rail Extension, 

25 $9,247,588; 
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1 Minneapolis, MN, Hiawatha Corridor Light 

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

3 New Orleans, LA, Canal Street Streetcar 

4 Project, $23,921,373; 

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

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

7 $22,566,022; 

8 Northern, NJ, Hudson-Bergen Light Rail 

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

10 Phoenix, AZ, Central Phoenix/East Valley 

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

12 Pittsburgh, PA, Stage II Light Rail Transit 

13 Reconstruction, $32,243,422; 

14 Portland, OR, Interstate MAX Light Rail Ex15 tension, $77,500,000; 

16 Raleigh, NC, Triangle Transit Authority Re17 gional Rail Project, $3,000,000; 

18 Salt Lake City, UT, Medical Center LRT Ex19 tension, $30,663,361; 

20 San Diego, CA, Mission Valley East Light Rail 

21 Transit Extension, $65,000,000; 

22 San Diego, CA, Oceanside-Escondido Rail 

23 Project, $48,000,000; 

24 San Juan, PR, Tren Urbano Rapid Transit 

25 System, $43,540,000; 
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1 Seattle, WA, Sound Transit Central Link Ini2 tial Segment, $15,000,000; 

3 Washington, DC/MD, Largo Extension, 

4 $65,000,000; 

5 Washington, DC/VA, Dulles Corridor Rapid 

6 Transit Project, $25,000,000; 

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

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

9 San Francisco, CA, Muni Third Street Light 

10 Rail Project, $10,000,000: 

11 Provided further, That notwithstanding any other provi12 sion of law, for the purpose of calculating the non-New 

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

14 San Francisco Muni’s Third Street Light Rail Transit 

15 project for fiscal year 2004, the Secretary of Transpor16 tation shall include all non-New Starts contributions made 

17 towards Phase 1 of the two-phase project for engineering, 

18 final design and construction, and also shall allow non19 New Starts funds expended on one element or phase of 

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

21 requirement of any element or phase of the project: Pro22 vided further, That none of the funds provided in this Act 

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

24 Transit Project shall be obligated if the Federal Transit 

25 Administration determines that the project is found to be 
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1 ‘‘not recommended’’ after evaluation and computation of 

2 revised transportation system user benefit data. 

3 JOB ACCESS AND REVERSE COMMUTE GRANTS

4 For necessary expenses to carry out section 3037 of 

5 the Federal Transit Act of 1998, $17,000,000, to remain 

6 available until expended: Provided, That no more than 

7 $85,000,000 of budget authority shall be available for 

8 these purposes: Provided further, That up to $200,000 of 

9 the funds provided under this heading may be used by the 

10 Federal Transit Administration for technical assistance 

11 and support and performance reviews of the Job Access 

12 and Reverse Commute Grants program. 

13 GENERAL PROVISIONS—FEDERAL TRANSIT

14 ADMINISTRATION

15 SEC. 160. The limitations on obligations for the pro16 grams of the Federal Transit Administration shall not 

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

18 made available for obligation, or to any other authority 

19 previously made available for obligation. 

20 SEC. 161. Notwithstanding any other provision of 

21 law, and except for fixed guideway modernization projects, 

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

23 Administration, Capital investment grants’’ for projects 

24 specified in this Act or identified in reports accompanying 

25 this Act not obligated by September 30, 2006, and other 
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1 recoveries, shall be made available for other projects under 

2 49 U.S.C. 5309. 

3 SEC. 162. Notwithstanding any other provision of 

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

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

6 that remain available for expenditure may be transferred 

7 to and administered under the most recent appropriation 

8 heading for any such section. 

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

10 available for the design, construction, or maintenance of 

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

12 not been specifically approved by a majority of the partici13 pating voters in the Houston Metropolitan Transit Au14 thority service area in a referendum. 

15 SEC. 164. Notwithstanding any other provision of 

16 law, funds made available for the Roaring Fork Transpor17 tation Authority, Colorado, under Public Laws 106–69 

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

19 Valley Bus Rapid Transit project. 

20 SAINT LAWRENCE SEAWAY DEVELOPMENT 

21 CORPORATION 

22 The Saint Lawrence Seaway Development Corpora23 tion is hereby authorized to make such expenditures, with24 in the limits of funds and borrowing authority available 

25 to the Corporation, and in accord with law, and to make 
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1 such contracts and commitments without regard to fiscal 

2 year limitations as provided by section 104 of the Govern3 ment Corporation Control Act, as amended, as may be 

4 necessary in carrying out the programs set forth in the 

5 Corporation’s budget for the current fiscal year. 

6 OPERATIONS AND MAINTENANCE

7 (HARBOR MAINTENANCE TRUST FUND)

8 For necessary expenses for operations and mainte9 nance of those portions of the Saint Lawrence Seaway op10 erated and maintained by the Saint Lawrence Seaway De11 velopment Corporation, $14,700,000, to be derived from 

12 the Harbor Maintenance Trust Fund, pursuant to Public 

13 Law 99–662. 

14 MARITIME ADMINISTRATION 

15 MARITIME SECURITY PROGRAM

16 For necessary expenses to maintain and preserve a 

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

18 needs of the United States, $98,700,000, to remain avail19 able until expended. 

20 OPERATIONS AND TRAINING

21 For necessary expenses of operations and training ac22 tivities authorized by law, $105,897,000, of which 

23 $22,000,000 shall remain available until September 30, 

24 2004, for salaries and benefits of employees of the United 

25 States Merchant Marine Academy; of which $13,000,000 
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1 shall remain available until expended for capital improve2 ments at the United States Merchant Marine Academy; 

3 of which $9,063,000 shall remain available until expended 

4 for the State Maritime Schools Schoolship Maintenance 

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

6 expended for the evaluation and provision of the fourteen 

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

8 shall remain available until September 30, 2005, for Mari9 time Security Professional Training in support of Section 

10 109 of the Maritime Transportation Security Act of 2002. 

11 SHIP DISPOSAL

12 For necessary expenses related to the disposal of ob13 solete vessels in the National Defense Reserve Fleet of the 

14 Maritime Administration, $14,000,000, to remain avail15 able until expended. 

16 GENERAL PROVISIONS—MARITIME ADMINISTRATION

17 SEC. 170. Notwithstanding any other provision of 

18 this or any other Act, the Maritime Administration is au19 thorized to furnish utilities and services and make nec20 essary repairs in connection with any lease, contract, or 

21 occupancy involving Government property under control of 

22 the Maritime Administration, and payments received 

23 therefore shall be credited to the appropriation charged 

24 with the cost thereof: Provided, That rental payments 

25 under any such lease, contract, or occupancy for items 
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1 other than such utilities, services, or repairs shall be de2 posited into the Treasury as miscellaneous receipts. No 

3 obligations shall be incurred during the current fiscal year 

4 from the construction fund established by the Merchant 

5 Marine Act, 1936, or otherwise, in excess of the appropria6 tions and limitations contained in this Act or in any prior 

7 Appropriations Act. 

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

9 Wartime Supplemental Appropriations Act (Public Law 

10 108–11) is amended by striking ‘‘For the cost of guaran11 teed loans, as authorized, $25,000,000, to remain avail12 able until September 30, 2005:’’ and inserting ‘‘For the 

13 cost of guaranteed loans and associated administrative ex14 penses, as authorized, $25,000,000, to remain available 

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

16 be used for associated administrative expenses:’’. 

17 RESEARCH AND SPECIAL PROGRAMS 

18 ADMINISTRATION 

19 RESEARCH AND SPECIAL PROGRAMS

20 For expenses necessary to discharge the functions of 

21 the Research and Special Programs Administration, 

22 $47,018,000, of which $645,000 shall be derived from the 

23 Pipeline Safety Fund, and of which $2,437,000 shall re24 main available until September 30, 2006: Provided, That 

25 up to $1,200,000 in fees collected under 49 U.S.C. 
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1 5108(g) shall be deposited in the general fund of the 

2 Treasury as offsetting receipts: Provided further, That 

3 there may be credited to this appropriation, to be available 

4 until expended, funds received from States, counties, mu5 nicipalities, other public authorities, and private sources 

6 for expenses incurred for training, for reports publication 

7 and dissemination, and for travel expenses incurred in per8 formance of hazardous materials exemptions and approv9 als functions. 

10 PIPELINE SAFETY

11 (PIPELINE SAFETY FUND)

12 (OIL SPILL LIABILITY TRUST FUND)

13 For expenses necessary to conduct the functions of 

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

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

16 60107, and to discharge the pipeline program responsibil17 ities of the Oil Pollution Act of 1990, $64,054,000, of 

18 which $9,000,000 shall be derived from the Oil Spill Li19 ability Trust Fund and shall remain available until Sep20 tember 30, 2006; of which $55,054,000 shall be derived 

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

22 shall remain available until September 30, 2006. 

23 EMERGENCY PREPAREDNESS GRANTS

24 (EMERGENCY PREPAREDNESS FUND)

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

26 5127(c), $200,000, to be derived from the Emergency 
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1 Preparedness Fund, to remain available until September 

2 30, 2006: Provided, That not more than $14,300,000 shall 

3 be made available for obligation in fiscal year 2004 from 

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

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

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

7 5127(d) shall be made available for obligation by individ8 uals other than the Secretary of Transportation, or his 

9 designee. 

10 OFFICE OF INSPECTOR GENERAL 

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of Inspector 

13 General to carry out the provisions of the Inspector Gen14 eral Act of 1978, as amended, $55,000,000: Provided, 

15 That the Inspector General shall have all necessary au16 thority, in carrying out the duties specified in the Inspec17 tor General Act, as amended (5 U.S.C. App. 3) to inves18 tigate allegations of fraud, including false statements to 

19 the Government (18 U.S.C. 1001), by any person or entity 

20 that is subject to regulation by the Department: Provided 

21 further, That the funds made available under this heading 

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

23 title 49, United States Code: (1) unfair or deceptive prac24 tices and unfair methods of competition by domestic and 

25 foreign air carriers and ticket agents; and (2) the compli-
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1 ance of domestic and foreign air carriers with respect to 

2 item (1) of this proviso. 

3 SURFACE TRANSPORTATION BOARD 

4 SALARIES AND EXPENSES

5 For necessary expenses of the Surface Transpor6 tation Board, including services authorized by 5 U.S.C. 

7 3109, $19,521,000: Provided, That notwithstanding any 

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

9 established by the Chairman of the Surface Transpor10 tation Board shall be credited to this appropriation as off11 setting collections and used for necessary and authorized 

12 expenses under this heading: Provided further, That the 

13 sum herein appropriated from the general fund shall be 

14 reduced on a dollar-for-dollar basis as such offsetting col15 lections are received during fiscal year 2004, to result in 

16 a final appropriation from the general fund estimated at 

17 no more than $18,471,000. 

18 TITLE II—DEPARTMENT OF THE TREASURY 

19 DEPARTMENTAL OFFICES 

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses of the Departmental Offices 

23 including operation and maintenance of the Treasury 

24 Building and Annex; hire of passenger motor vehicles; 

25 maintenance, repairs, and improvements of, and purchase 
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1 of commercial insurance policies for, real properties leased 

2 or owned overseas, when necessary for the performance 

3 of official business; not to exceed $3,000,000, to remain 

4 available until September 30, 2005 for information tech5 nology modernization requirements; not to exceed 

6 $150,000 for official reception and representation ex7 penses; not to exceed $258,000 for unforeseen emer8 gencies of a confidential nature, to be allocated and ex9 pended under the direction of the Secretary of the Treas10 ury and to be accounted for solely on his certificate, 

11 $175,809,000: Provided, That no less than $21,855,000 

12 is for the Office of Foreign Assets Control: Provided fur13 ther, That of these amounts $2,900,000 is available for 

14 grants to State and local law enforcement groups to help 

15 fight money laundering: Provided further, That of these 

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

17 30, 2005, shall be for the Treasury-wide Financial State18 ment Audit Program, of which such amounts as may be 

19 necessary may be transferred to accounts of the Depart20 ment’s offices and bureaus to conduct audits: Provided 

21 further, That this transfer authority shall be in addition 

22 to any other provided in this Act. 
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1 DEPARTMENT-WIDE SYSTEMS AND CAPITAL

2 INVESTMENTS PROGRAMS

3 (INCLUDING TRANSFER OF FUNDS)

4 For development and acquisition of automatic data 

5 processing equipment, software, and services for the De6 partment of the Treasury, $36,653,000, to remain avail7 able until September 30, 2006: Provided, That these funds 

8 shall be transferred to accounts and in amounts as nec9 essary to satisfy the requirements of the Department’s of10 fices, bureaus, and other organizations: Provided further,

11 That this transfer authority shall be in addition to any 

12 other transfer authority provided in this Act. 

13 OFFICE OF INSPECTOR GENERAL

14 SALARIES AND EXPENSES

15 For necessary expenses of the Office of Inspector 

16 General in carrying out the provisions of the Inspector 

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

18 $2,000,000 for official travel expenses, including hire of 

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

20 reception and representation expenses; and not to exceed 

21 $100,000 for unforeseen emergencies of a confidential na22 ture, to be allocated and expended under the direction of 

23 the Inspector General of the Treasury, $12,792,000. 
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1 TREASURY INSPECTOR GENERAL FOR TAX

2 ADMINISTRATION

3 SALARIES AND EXPENSES

4 For necessary expenses of the Treasury Inspector 

5 General for Tax Administration in carrying out the In6 spector General Act of 1978, as amended, including pur7 chase (not to exceed 150 for replacement only for police8 type use) and hire of passenger motor vehicles (31 U.S.C. 

9 1343(b)); services authorized by 5 U.S.C. 3109, at such 

10 rates as may be determined by the Inspector General for 

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

12 travel expenses; and not to exceed $500,000 for unfore13 seen emergencies of a confidential nature, to be allocated 

14 and expended under the direction of the Inspector General 

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

16 AIR TRANSPORTATION STABILIZATION PROGRAM

17 For necessary expenses to administer the Air Trans18 portation Stabilization Board established by section 102 

19 of the Air Transportation Safety and System Stabilization 

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

21 until expended. 
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1 TREASURY BUILDING AND ANNEX REPAIR AND

2 RESTORATION

3 For the repair, alteration, and improvement of the 

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

5 available until September 30, 2006. 

6 FINANCIAL CRIMES ENFORCEMENT NETWORK 

7 SALARIES AND EXPENSES

8 For necessary expenses of the Financial Crimes En9 forcement Network, including hire of passenger motor ve10 hicles; travel expenses of non-Federal law enforcement 

11 personnel to attend meetings concerned with financial in12 telligence activities, law enforcement, and financial regula13 tion; not to exceed $14,000 for official reception and rep14 resentation expenses; and for assistance to Federal law en15 forcement agencies, with or without reimbursement, 

16 $57,571,000, of which not to exceed $4,500,000 shall re17 main available until September 30, 2006; and of which 

18 $8,152,000 shall remain available until September 30, 

19 2005: Provided, That funds appropriated in this account 

20 may be used to procure personal services contracts. 

21 FINANCIAL MANAGEMENT SERVICE 

22 SALARIES AND EXPENSES

23 For necessary expenses of the Financial Management 

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

25 shall remain available until September 30, 2006, for infor-
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1 mation systems modernization initiatives; and of which not 

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

3 and representation expenses. 

4 ALCOHOL AND TOBACCO TAX AND TRADE 

5 BUREAU 

6 SALARIES AND EXPENSES

7 For necessary expenses of carrying out section 1111 

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

9 passenger motor vehicles, $80,000,000; of which not to ex10 ceed $6,000 for official reception and representation ex11 penses; not to exceed $50,000 for cooperative research and 

12 development programs for Laboratory Services; and provi13 sion of laboratory assistance to State and local agencies 

14 with or without reimbursement. 

15 UNITED STATES MINT 

16 UNITED STATES MINT PUBLIC ENTERPRISE FUND

17 Pursuant to section 5136 of title 31, United States 

18 Code, the United States Mint is provided funding through 

19 the United States Mint Public Enterprise Fund for costs 

20 associated with the production of circulating coins, numis21 matic coins, and protective services, including both oper22 ating expenses and capital investments. The aggregate 

23 amount of new liabilities and obligations incurred during 

24 fiscal year 2004 under such section 5136 for circulating 

25 coinage and protective service capital investments of the 
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1 United States Mint shall not exceed $40,652,000. From 

2 amounts in the United States Mint Public Enterprise 

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

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

5 to reimburse the Comptroller General for the cost of a 

6 study to be contracted for by the Comptroller General on 

7 the potential and cost-effectiveness of expanded use of pre8 made ‘‘blanks’’ by the United States Mint in the produc9 tion of circulating coins. The amounts reimbursed to the 

10 Comptroller General pursuant to this paragraph shall be 

11 deposited to the appropriation of the General Accounting 

12 Office then available and remain available until expended. 

13 BUREAU OF THE PUBLIC DEBT 

14 ADMINISTERING THE PUBLIC DEBT

15 For necessary expenses connected with any public16 debt issues of the United States, $178,052,000, of which 

17 not to exceed $2,500 shall be available for official recep18 tion and representation expenses, and of which not to ex19 ceed $2,000,000 shall remain available until expended for 

20 systems modernization: Provided, That the sum appro21 priated herein from the General Fund for fiscal year 2004 

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

23 security issue fees and Treasury Direct Investor Account 

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

25 fiscal year 2004 appropriation from the General Fund es-
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1 timated at $173,652,000. In addition, $40,000 to be de2 rived from the Oil Spill Liability Trust Fund to reimburse 

3 the Bureau for administrative and personnel expenses for 

4 financial management of the Fund, as authorized by sec5 tion 1012 of Public Law 101–380. 

6 INTERNAL REVENUE SERVICE 

7 PROCESSING, ASSISTANCE, AND MANAGEMENT

8 For necessary expenses of the Internal Revenue Serv9 ice for pre-filing taxpayer assistance and education, filing 

10 and account services, shared services support, general 

11 management and administration; and services as author12 ized by 5 U.S.C. 3109, at such rates as may be determined 

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

14 $4,250,000 shall be for the Tax Counseling for the Elderly 

15 Program, of which $8,000,000 shall be available for low16 income taxpayer clinic grants, and of which not to exceed 

17 $25,000 shall be for official reception and representation 

18 expenses. 

19 TAX LAW ENFORCEMENT

20 For necessary expenses of the Internal Revenue Serv21 ice for determining and establishing tax liabilities; pro22 viding litigation support; conducting criminal investigation 

23 and enforcement activities; securing unfiled tax returns; 

24 collecting unpaid accounts; conducting a document match25 ing program; resolving taxpayer problems through prompt 
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1 identification, referral and settlement; compiling statistics 

2 of income and conducting compliance research; funding es3 sential earned income tax credit compliance and error re4 duction initiatives; purchase (for police-type use, not to ex5 ceed 850) and hire of passenger motor vehicles (31 U.S.C. 

6 1343(b)); and services as authorized by 5 U.S.C. 3109, 

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

8 $4,221,408,000, of which not to exceed $1,000,000 shall 

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

10 and of which not to exceed $10,000,000 may be used to 

11 reimburse the Social Security Administration for the costs 

12 of implementing section 1090 of the Taxpayer Relief Act 

13 of 1997 (Public Law 105–33). 

14 INFORMATION SYSTEMS

15 For necessary expenses of the Internal Revenue Serv16 ice for information systems and telecommunications sup17 port, including developmental information systems and 

18 operational information systems; the hire of passenger 

19 motor vehicles (31 U.S.C. 1343(b)); and services as au20 thorized by 5 U.S.C. 3109, at such rates as may be deter21 mined by the Commissioner, $1,628,739,000, of which 

22 $165,000,000 shall remain available until September 30, 

23 2005. 
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1 BUSINESS SYSTEMS MODERNIZATION

2 For necessary expenses of the Internal Revenue Serv3 ice, $429,000,000, to remain available until September 30, 

4 2006, for the capital asset acquisition of information tech5 nology systems, including management and related con6 tractual costs of said acquisitions, including contractual 

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

8 3109: Provided, That none of these funds may be obli9 gated until the Internal Revenue Service submits to the 

10 Committees on Appropriations, and such Committees ap11 prove, a plan for expenditure that: (1) meets the capital 

12 planning and investment control review requirements es13 tablished by the Office of Management and Budget, in14 cluding Circular A–11 part 3; (2) complies with the Inter15 nal Revenue Service’s enterprise architecture, including 

16 the modernization blueprint; (3) conforms with the Inter17 nal Revenue Service’s enterprise life cycle methodology; 

18 (4) is approved by the Internal Revenue Service, the De19 partment of the Treasury, and the Office of Management 

20 and Budget; (5) has been reviewed by the General Ac21 counting Office; and (6) complies with the acquisition 

22 rules, requirements, guidelines, and systems acquisition 

23 management practices of the Federal Government. 
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1 HEALTH INSURANCE TAX CREDIT ADMINISTRATION

2 For expenses necessary to implement the health in3 surance tax credit included in the Trade Act of 2002 

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

5 until September 30, 2005. 

6 GENERAL PROVISIONS—DEPARTMENT OF THE 

7 TREASURY 

8 SEC. 201. Not to exceed 5 percent of any appropria9 tion made available in this Act to the Internal Revenue 

10 Service may be transferred to any other Internal Revenue 

11 Service appropriation upon the advance approval of the 

12 Committees on Appropriations. 

13 SEC. 202. The Internal Revenue Service shall main14 tain a training program to ensure that Internal Revenue 

15 Service employees are trained in taxpayers’ rights, in deal16 ing courteously with the taxpayers, and in cross-cultural 

17 relations. 

18 SEC. 203. The Internal Revenue Service shall insti19 tute and enforce policies and procedures that will safe20 guard the confidentiality of taxpayer information. 

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

22 Act to the Internal Revenue Service shall be available for 

23 improved facilities and increased manpower to provide suf24 ficient and effective 1–800 help line service for taxpayers. 

25 The Commissioner shall continue to make the improve-
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1 ment of the Internal Revenue Service 1–800 help line serv2 ice a priority and allocate resources necessary to increase 

3 phone lines and staff to improve the Internal Revenue 

4 Service 1–800 help line service. 

5 SEC. 205. Appropriations to the Department of the 

6 Treasury in this Act shall be available for uniforms or al7 lowances therefor, as authorized by law (5 U.S.C. 5901), 

8 including maintenance, repairs, and cleaning; purchase of 

9 insurance for official motor vehicles operated in foreign 

10 countries; purchase of motor vehicles without regard to the 

11 general purchase price limitations for vehicles purchased 

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

13 contracts with the Department of State for the furnishing 

14 of health and medical services to employees and their de15 pendents serving in foreign countries; and services author16 ized by 5 U.S.C. 3109. 

17 SEC. 206. Not to exceed 2 percent of any appropria18 tions in this Act made available to the Departmental Of19 fices—Salaries and Expenses, Office of Inspector General, 

20 Financial Management Service, Alcohol and Tobacco Tax 

21 and Trade Bureau, Financial Crimes Enforcement Net22 work, and Bureau of the Public Debt, may be transferred 

23 between such appropriations upon the advance approval 

24 of the Committees on Appropriations. No transfer may in-
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1 crease or decrease any such appropriation by more than 

2 2 percent. 

3 SEC. 207. Not to exceed 2 percent of any appropria4 tion made available in this Act to the Internal Revenue 

5 Service may be transferred to the Treasury Inspector Gen6 eral for Tax Administration’s appropriation upon the ad7 vance approval of the Committees on Appropriations. No 

8 transfer may increase or decrease any such appropriation 

9 by more than 2 percent. 

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

11 or otherwise available to the Department of the Treasury 

12 or the Bureau of Engraving and Printing may be used 

13 to redesign the $1 Federal Reserve note. 

14 SEC. 209. The Secretary of the Treasury may trans15 fer funds from ‘‘Salaries and Expenses’’, Financial Man16 agement Service, to the Debt Services Account as nec17 essary to cover the costs of debt collection: Provided, That 

18 such amounts shall be reimbursed to such Salaries and 

19 Expenses account from debt collections received in the 

20 Debt Services Account. 

21 SEC. 210. None of the funds appropriated or other22 wise made available by this or any other Act may be used 

23 by the United States Mint to construct or operate any mu24 seum without the explicit approval of the House Com-
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1 mittee on Financial Services and the Senate Committee 

2 on Banking, Housing, and Urban Affairs. 

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

4 thereafter, there are appropriated to the Secretary of the 

5 Treasury such sums as may be necessary to reimburse fi6 nancial institutions in their capacity as depositaries and 

7 financial agents of the United States for all services re8 quired or directed by the Secretary of the Treasury, or 

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

10 institutions on behalf of the Department of the Treasury 

11 or other Federal agencies, including services rendered 

12 prior to fiscal year 2004. 

13 TITLE III—POSTAL SERVICE 

14 PAYMENT TO THE POSTAL SERVICE FUND

15 For payment to the Postal Service Fund for revenue 

16 forgone on free and reduced rate mail, pursuant to sub17 sections (c) and (d) of section 2401 of title 39, United 

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

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

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

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

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

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

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

25 used to implement any rule, regulation, or policy of charg-
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1 ing any officer or employee of any State or local child sup2 port enforcement agency, or any individual participating 

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

4 a fee for information requested or provided concerning an 

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

6 of the funds provided in this Act shall be used to consoli7 date or close small rural and other small post offices in 

8 fiscal year 2004. 

9 TITLE IV—EXECUTIVE OFFICE OF THE PRESI10 DENT AND FUNDS APPROPRIATED TO THE 

11 PRESIDENT 

12 COMPENSATION OF THE PRESIDENT

13 For compensation of the President, including an ex14 pense allowance at the rate of $50,000 per annum as au15 thorized by 3 U.S.C. 102, $450,000: Provided, That none 

16 of the funds made available for official expenses shall be 

17 expended for any other purpose and any unused amount 

18 shall revert to the Treasury pursuant to section 1552 of 

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

20 of the funds made available for official expenses shall be 

21 considered as taxable to the President. 

22 WHITE HOUSE OFFICE

23 SALARIES AND EXPENSES

24 For necessary expenses for the White House as au25 thorized by law, including not to exceed $3,850,000 for 
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1 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; 

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

3 shall be expended and accounted for as provided in that 

4 section; hire of passenger motor vehicles, newspapers, 

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

6 $100,000 to be expended and accounted for as provided 

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

8 entertainment expenses, to be available for allocation with9 in the Executive Office of the President, $66,057,000: 

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

11 be available for reimbursements to the White House Com12 munications Agency. 

13 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

14 OPERATING EXPENSES

15 For the care, maintenance, repair and alteration, re16 furnishing, improvement, heating, and lighting, including 

17 electric power and fixtures, of the Executive Residence at 

18 the White House and official entertainment expenses of 

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

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

21 REIMBURSABLE EXPENSES

22 For the reimbursable expenses of the Executive Resi23 dence at the White House, such sums as may be nec24 essary: Provided, That all reimbursable operating expenses 

25 of the Executive Residence shall be made in accordance 

26 with the provisions of this paragraph: Provided further,
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1 That, notwithstanding any other provision of law, such 

2 amount for reimbursable operating expenses shall be the 

3 exclusive authority of the Executive Residence to incur ob4 ligations and to receive offsetting collections, for such ex5 penses: Provided further, That the Executive Residence 

6 shall require each person sponsoring a reimbursable polit7 ical event to pay in advance an amount equal to the esti8 mated cost of the event, and all such advance payments 

9 shall be credited to this account and remain available until 

10 expended: Provided further, That the Executive Residence 

11 shall require the national committee of the political party 

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

13 separately accounted for and available for expenses relat14 ing to reimbursable political events sponsored by such 

15 committee during such fiscal year: Provided further, That 

16 the Executive Residence shall ensure that a written notice 

17 of any amount owed for a reimbursable operating expense 

18 under this paragraph is submitted to the person owing 

19 such amount within 60 days after such expense is in20 curred, and that such amount is collected within 30 days 

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

22 the Executive Residence shall charge interest and assess 

23 penalties and other charges on any such amount that is 

24 not reimbursed within such 30 days, in accordance with 

25 the interest and penalty provisions applicable to an out-
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1 standing debt on a United States Government claim under 

2 section 3717 of title 31, United States Code: Provided fur3 ther, That each such amount that is reimbursed, and any 

4 accompanying interest and charges, shall be deposited in 

5 the Treasury as miscellaneous receipts: Provided further,

6 That the Executive Residence shall prepare and submit 

7 to the Committees on Appropriations, by not later than 

8 90 days after the end of the fiscal year covered by this 

9 Act, a report setting forth the reimbursable operating ex10 penses of the Executive Residence during the preceding 

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

12 the amount of such total that consists of reimbursable offi13 cial and ceremonial events, the amount of such total that 

14 consists of reimbursable political events, and the portion 

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

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

17 Residence shall maintain a system for the tracking of ex18 penses related to reimbursable events within the Executive 

19 Residence that includes a standard for the classification 

20 of any such expense as political or nonpolitical: Provided 

21 further, That no provision of this paragraph may be con22 strued to exempt the Executive Residence from any other 

23 applicable requirement of subchapter I or II of chapter 

24 37 of title 31, United States Code. 
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1 WHITE HOUSE REPAIR AND RESTORATION

2 For the repair, alteration, and improvement of the 

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

4 remain available until expended, for required maintenance, 

5 safety and health issues, and continued preventative main6 tenance. 

7 COUNCIL OF ECONOMIC ADVISERS

8 SALARIES AND EXPENSES

9 For necessary expenses of the Council of Economic 

10 Advisors in carrying out its functions under the Employ11 ment Act of 1946 (15 U.S.C. 1021), $4,000,000. 

12 OFFICE OF POLICY DEVELOPMENT

13 SALARIES AND EXPENSES

14 For necessary expenses of the Office of Policy Devel15 opment, including services as authorized by 5 U.S.C. 3109 

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

17 NATIONAL SECURITY COUNCIL

18 SALARIES AND EXPENSES

19 For necessary expenses of the National Security 

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

21 3109, $9,000,000. 

22 OFFICE OF ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of Administra25 tion, including services as authorized by 5 U.S.C. 3109 
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1 and 3 U.S.C. 107, and hire of passenger motor vehicles, 

2 $82,826,000, of which $17,470,000 shall remain available 

3 until expended for the Capital Investment Plan for contin4 ued modernization of the information technology infra5 structure within the Executive Office of the President. 

6 OFFICE OF MANAGEMENT AND BUDGET

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of Management 

9 and Budget, including hire of passenger motor vehicles 

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

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

12 Code, $62,772,000 (reduced by $500,000), of which not 

13 to exceed $1,500 shall be available for official representa14 tion expenses: Provided, That, as provided in 31 U.S.C. 

15 1301(a), appropriations shall be applied only to the ob16 jects for which appropriations were made except as other17 wise provided by law: Provided further, That none of the 

18 funds appropriated in this Act for the Office of Manage19 ment and Budget may be used for the purpose of review20 ing any agricultural marketing orders or any activities or 

21 regulations under the provisions of the Agricultural Mar22 keting Agreement Act of 1937 (7 U.S.C. 601 et seq.): Pro23 vided further, That none of the funds made available for 

24 the Office of Management and Budget by this Act may 

25 be expended for the altering of the transcript of actual 
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1 testimony of witnesses, except for testimony of officials of 

2 the Office of Management and Budget, before the Com3 mittees on Appropriations or the Committees on Veterans’ 

4 Affairs or their subcommittees: Provided further, That the 

5 preceding shall not apply to printed hearings released by 

6 the Committees on Appropriations or the Committees on 

7 Veterans’ Affairs: Provided further, That none of the 

8 funds appropriated in this Act may be available to pay 

9 the salary or expenses of any employee of the Office of 

10 Management and Budget who, after February 15, 2003, 

11 calculates, prepares, or approves any tabular or other ma12 terial that proposes the sub-allocation of budget authority 

13 or outlays by the Committees on Appropriations among 

14 their subcommittees. 

15 OFFICE OF NATIONAL DRUG CONTROL POLICY

16 SALARIES AND EXPENSES

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses of the Office of National 

19 Drug Control Policy; for research activities pursuant to 

20 the Office of National Drug Control Policy Reauthoriza21 tion Act of 1998 (21 U.S.C. 1701 et seq.) as amended; 

22 not to exceed $10,000 for official reception and represen23 tation expenses; and for participation in joint projects or 

24 in the provision of services on matters of mutual interest 

25 with nonprofit, research, or public organizations or agen26 cies, with or without reimbursement, $28,790,000; of 
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1 which $2,850,000 shall remain available until expended, 

2 consisting of $1,350,000 for policy research and evalua3 tion, and $1,500,000 for the National Alliance for Model 

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

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

6 personal, public and private, without fiscal year limitation, 

7 for the purpose of aiding or facilitating the work of the 

8 Office. 

9 COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses for the Counterdrug Tech12 nology Assessment Center for research activities pursuant 

13 to the Office of National Drug Control Policy Reauthor14 ization Act of 1998 (21 U.S.C. 1701 et seq.) as amended, 

15 $40,000,000, which shall remain available until expended, 

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

17 and development projects, and $22,000,000 for the contin18 ued operation of the technology transfer program: Pro19 vided, That the $18,000,000 for counternarcotics research 

20 and development projects shall be available for transfer 

21 to other Federal departments or agencies. 

22 FEDERAL DRUG CONTROL PROGRAMS

23 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

24 (INCLUDING TRANSFER OF FUNDS)

25 For necessary expenses of the Office of National 

26 Drug Control Policy’s High Intensity Drug Trafficking 
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1 Areas Program, $226,350,000, for drug control activities 

2 consistent with the approved strategy for each of the des3 ignated High Intensity Drug Trafficking Areas, of which 

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

5 local entities for drug control activities, which shall be ob6 ligated within 120 days of the date of the enactment of 

7 this Act: Provided, That up to 49 percent, to remain avail8 able until September 30, 2005, may be transferred to Fed9 eral agencies and departments at a rate to be determined 

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

11 be used for auditing services and associated activities, and 

12 at least $500,000 of the $2,100,000 shall be used to de13 velop and implement a data collection system to measure 

14 the performance of the High Intensity Drug Trafficking 

15 Areas Program: Provided further, That High Intensity 

16 Drug Trafficking Areas Programs designated as of Sep17 tember 30, 2003, shall be funded at no less than the fiscal 

18 year 2003 initial allocation levels unless the Director sub19 mits to the Committees on Appropriations, and the Com20 mittees approve, justification for changes in those levels 

21 based on clearly articulated priorities for the High Inten22 sity Drug Trafficking Areas Programs, as well as pub23 lished Office of National Drug Control Policy performance 

24 measures of effectiveness: Provided further, That no funds 

25 of an amount in excess of the fiscal year 2004 budget re-
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1 quest shall be obligated prior to the approval of the Com2 mittee on Appropriations. 

3 OTHER FEDERAL DRUG CONTROL PROGRAMS

4 (INCLUDING TRANSFER OF FUNDS)

5 For activities to support a national anti-drug cam6 paign for youth, and for other purposes, authorized by (21 

7 U.S.C. 1701 et seq.) as amended, $230,000,000, to re8 main available until expended, of which the following 

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

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

11 of assistance and matching grants to local coalitions and 

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

13 Narcotics Leadership Act of 1988, as amended; 

14 $4,500,000 for the Counterdrug Intelligence Executive 

15 Secretariat; $2,000,000 for evaluations and research re16 lated to National Drug Control Program performance 

17 measures; $1,000,000 for the National Drug Court Insti18 tute; $1,500,000 for the United States Anti-Doping Agen19 cy for anti-doping activities; and $1,000,000 for the 

20 United States membership dues to the World Anti-Doping 

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

22 other Federal departments and agencies to carry out such 

23 activities: Provided further, That of the amounts appro24 priated for a national media campaign, no less than 77 
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1 percent shall be used for the purchase of advertising time 

2 and space for the national media campaign. 

3 UNANTICIPATED NEEDS

4 For expenses necessary to enable the President to 

5 meet unanticipated needs, in furtherance of the national 

6 interest, security, or defense which may arise at home or 

7 abroad during the current fiscal year, as authorized by 

8 3 U.S.C. 108, $1,000,000. 

9 SPECIAL ASSISTANCE TO THE PRESIDENT AND THE

10 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

11 SALARIES AND EXPENSES

12 For necessary expenses to enable the Vice President 

13 to provide assistance to the President in connection with 

14 specially assigned functions; services as authorized by 5 

15 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex16 penses as authorized by 3 U.S.C. 106, which shall be ex17 pended and accounted for as provided in that section; and 

18 hire of passenger motor vehicles, $4,461,000. 

19 OPERATING EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 For the care, operation, refurnishing, improvement, 

22 and to the extent not otherwise provided for, heating and 

23 lighting, including electric power and fixtures, of the offi24 cial residence of the Vice President; the hire of passenger 

25 motor vehicles; and not to exceed $90,000 for official en26 tertainment expenses of the Vice President, to be ac-
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1 counted for solely on his certificate, $331,000: Provided,

2 That advances or repayments or transfers from this ap3 propriation may be made to any department or agency for 

4 expenses of carrying out such activities. 

5 TITLE V—INDEPENDENT AGENCIES 

6 ARCHITECTURAL AND TRANSPORTATION 

7 BARRIERS COMPLIANCE BOARD 

8 SALARIES AND EXPENSES

9 For expenses necessary for the Architectural and 

10 Transportation Barriers Compliance Board, as authorized 

11 by section 502 of the Rehabilitation Act of 1973, as 

12 amended $5,401,000: Provided, That, notwithstanding 

13 any other provision of law, there may be credited to this 

14 appropriation funds received for publications and training 

15 expenses, to be available for the purpose of this account. 

16 NATIONAL TRANSPORTATION SAFETY BOARD 

17 SALARIES AND EXPENSES

18 For necessary expenses of the National Transpor19 tation Safety Board, including hire of passenger motor ve20 hicles and aircraft; services as authorized by 5 U.S.C. 

21 3109, but at rates for individuals not to exceed the per 

22 diem rate equivalent to the rate for a GS–15; uniforms, 

23 or allowances therefor, as authorized by law (5 U.S.C. 

24 5901–5902) $76,679,000, of which not to exceed $2,000 
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1 may be used for official reception and representation ex2 penses. 

3 EMERGENCY FUND

4 For necessary expenses of the National Transpor5 tation Safety Board for accident investigations, $600,000, 

6 to remain available until expended: Provided, That these 

7 funds shall be available only to the extent necessary to 

8 restore the balance of the emergency fund to $2,000,000 

9 (29 U.S.C. 1118(b)). 

10 COMMITTEE FOR PURCHASE FROM PEOPLE 

11 WHO ARE BLIND OR SEVERELY DISABLED 

12 SALARIES AND EXPENSES

13 For necessary expenses of the Committee for Pur14 chase From People Who Are Blind or Severely Disabled 

15 established by Public Law 92–28, $4,725,000. 

16 FEDERAL ELECTION COMMISSION 

17 SALARIES AND EXPENSES

18 For necessary expenses to carry out the provisions 

19 of the Federal Election Campaign Act of 1971, as amend20 ed, $50,440,000, of which no less than $6,389,900 shall 

21 be available for internal automated data processing sys22 tems, and of which not to exceed $5,000 shall be available 

23 for reception and representation expenses. 
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1 ELECTION ASSISTANCE COMMISSION 

2 SALARIES AND EXPENSES

3 For necessary expenses to carry out the Help Amer4 ica Vote Act of 2002, $5,000,000. 

5 ELECTION REFORM PROGRAMS

6 For necessary expenses to carry out a program of re7 quirements payments to States as authorized by Section 

8 257 of the Help America Vote Act of 2002, $495,000,000: 

Provided, That no more that 1 9 ⁄10 of 1 percent of funds 

10 available for requirements payments under Section 257 of 

11 the Help America Vote Act of 2002 shall be allocated to 

12 any territory. 

13 FEDERAL LABOR RELATIONS AUTHORITY 

14 SALARIES AND EXPENSES

15 For necessary expenses to carry out functions of the 

16 Federal Labor Relations Authority, pursuant to Reorga17 nization Plan Numbered 2 of 1978, and the Civil Service 

18 Reform Act of 1978, including services authorized by 5 

19 U.S.C. 3109, and including hire of experts and consult20 ants, hire of passenger motor vehicles, and rental of con21 ference rooms in the District of Columbia and elsewhere, 

22 $29,611,000: Provided, That public members of the Fed23 eral Service Impasses Panel may be paid travel expenses 

24 and per diem in lieu of subsistence as authorized by law 

25 (5 U.S.C. 5703) for persons employed intermittently in 
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1 the Government service, and compensation as authorized 

2 by 5 U.S.C. 3109: Provided further, That notwithstanding 

3 31 U.S.C. 3302, funds received from fees charged to non4 Federal participants at labor-management relations con5 ferences shall be credited to and merged with this account, 

6 to be available without further appropriation for the costs 

7 of carrying out these conferences. 

8 FEDERAL MARITIME COMMISSION 

9 SALARIES AND EXPENSES

10 For necessary expenses of the Federal Maritime 

11 Commission as authorized by section 201(d) of the Mer12 chant Marine Act, 1936, as amended (46 U.S.C. App. 

13 1111), including services as authorized by 5 U.S.C. 3109; 

14 hire of passenger motor vehicles as authorized by 31 

15 U.S.C. 1343(b); and uniforms or allowances therefore, as 

16 authorized by 5 U.S.C. 5901–5902, $18,471,000: Pro17 vided, That not to exceed $2,000 shall be available for offi18 cial reception and representation expenses. 

19 GENERAL SERVICES ADMINISTRATION 

20 REAL PROPERTY ACTIVITIES

21 (FEDERAL BUILDINGS FUND)

22 (LIMITATIONS ON AVAILABILITY OF REVENUE)

23 (INCLUDING TRANSFER OF FUNDS)

24 For an additional amount to be deposited in, and to 

25 be used for the purposes of, the Fund established pursu26 ant to section 210(f) of the Federal Property and Admin-
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1 istrative Services Act of 1949, as amended (40 U.S.C. 

2 592), $247,350,000. The revenues and collections depos3 ited into the Fund shall be available for necessary ex4 penses of real property management and related activities 

5 not otherwise provided for, including operation, mainte6 nance, and protection of federally owned and leased build7 ings; rental of buildings in the District of Columbia; res8 toration of leased premises; moving governmental agencies 

9 (including space adjustments and telecommunications re10 location expenses) in connection with the assignment, allo11 cation and transfer of space; contractual services incident 

12 to cleaning or servicing buildings, and moving; repair and 

13 alteration of federally owned buildings including grounds, 

14 approaches and appurtenances; care and safeguarding of 

15 sites; maintenance, preservation, demolition, and equip16 ment; acquisition of buildings and sites by purchase, con17 demnation, or as otherwise authorized by law; acquisition 

18 of options to purchase buildings and sites; conversion and 

19 extension of federally owned buildings; preliminary plan20 ning and design of projects by contract or otherwise; con21 struction of new buildings (including equipment for such 

22 buildings); and payment of principal, interest, and any 

23 other obligations for public buildings acquired by install24 ment purchase and purchase contract; in the aggregate 

25 amount of $6,557,518,000, of which: (1) $406,168,000 
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1 shall remain available until expended for construction (in2 cluding funds for sites and expenses and associated design 

3 and construction services) of additional projects at the fol4 lowing locations: 

5 New Construction: 

6 California: 

7 San Diego, Border Station, $34,211,000. 

8 Georgia: 

9 Atlanta, Tuttle Building Annex, 

10 $10,600,000. 

11 Maine: 

12 Jackman, Border Station, $7,712,000. 

13 Maryland: 

14 Suitland, United States Census Bureau, 

15 $146,451,000. 

16 Michigan: 

17 Detroit, Ambassador Bridge Border Sta18 tion, $25,387,000. 

19 New York: 

20 Champlain, Border Station, $31,031,000. 

21 Texas: 

22 Del Rio, Border Station, $23,966,000. 

23 Eagle Pass, Border Station, $31,980,000. 

24 Houston, Federal Bureau of Investigation, 

25 $58,080,000. 
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1 McAllen, Border Station, $17,938,000. 

2 Washington: 

3 Blaine, Border Station, $9,812,000. 

4 Nonprospectus Construction, $9,000,000: 

5 Provided, That each of the foregoing limits of costs on 

6 new construction projects may be exceeded to the extent 

7 that savings are effected in other such projects, but not 

8 to exceed 10 percent of the amounts included in an ap9 proved prospectus, if required, unless advance approval is 

10 obtained from the Committees on Appropriations of a 

11 greater amount: Provided further, That all funds for direct 

12 construction projects shall expire on September 30, 2005, 

13 and remain in the Federal Buildings Fund except for 

14 funds for projects as to which funds for design or other 

15 funds have been obligated in whole or in part prior to such 

16 date; (2) $1,010,454,000 shall remain available until ex17 pended for repairs and alterations, which includes associ18 ated design and construction services: 

19 Colorado: 

20 Denver, Byron G. Rogers Federal Build21 ing—Courthouse, $39,436,000. 

22 District of Columbia: 

23 320 First Street, $7,485,000. 

24 Eisenhower Executive Office Building, 

25 $65,757,000. 
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1 Federal Office Building 8, $134,872,000. 

2 Main Interior Building, $15,603,000. 

3 Fire & Life Safety, $68,188,000. 

4 Georgia: 

5 Atlanta, Richard B. Russell Federal Build6 ing, $32,173,000. 

7 Illinois: 

8 Chicago, Dirksen Courthouse & Kluczynski 

9 Federal Building, $24,056,000. 

10 Springfield, Paul H. Findley Federal 

11 Building—Courthouse, $6,183,000. 

12 Massachusetts: 

13 Boston, John W. McCormack Post Office 

14 and Courthouse, $73,037,000. 

15 New York: 

16 Brooklyn, Emanuel Celler Courthouse, 

17 $65,511,000. 

18 North Dakota: 

19 Fargo, Federal Building—Post Office, 

20 $5,801,000. 

21 Ohio: 

22 Columbus, John W. Bricker Federal Build23 ing, $10,707,000. 

24 Washington: 
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1 Auburn, Building 7, Auburn Federal 

2 Building, $18,315,000. 

3 Seattle, Henry M. Jackson Federal Build4 ing, $6,868,000. 

5 Special Emphasis Programs: 

6 Chlorofluorocarbons Program, $5,000,000. 

7 Energy Program, $5,000,000. 

8 Glass Fragmentation Program, 

9 $20,000,000. 

10 Design Program, $41,462,000. 

11 Basic Repairs and Alterations, $365,000,000: 

12 Provided further, That of the funds provided in this Act 

13 for the repair of the Eisenhower Executive Office Build14 ing, $30,757,000 is not available for obligation until 15 

15 days after the Executive Office of the President submits 

16 a report to the Committees on Appropriations regarding 

17 the use of non-Federal funding in renovation and fur18 nishing efforts for the Eisenhower Executive Office Build19 ing: Provided further, That funds made available in any 

20 previous Act in the Federal Buildings Fund for Repairs 

21 and Alterations shall, for prospectus projects, be limited 

22 to the amount identified for each project, except each 

23 project in any previous Act may be increased by an 

24 amount not to exceed 10 percent unless advance approval 

25 is obtained from the Committees on Appropriations of a 
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1 greater amount: Provided further, That additional projects 

2 for which prospectuses have been fully approved may be 

3 funded under this category only if advance approval is ob4 tained from the Committees on Appropriations: Provided 

5 further, That the amounts provided in this or any prior 

6 Act for ‘‘Repairs and Alterations’’ may be used to fund 

7 costs associated with implementing security improvements 

8 to buildings necessary to meet the minimum standards for 

9 security in accordance with current law and in compliance 

10 with the reprogramming guidelines of the appropriate 

11 Committees of the House and Senate: Provided further,

12 That the difference between the funds appropriated and 

13 expended on any projects in this or any prior Act, under 

14 the heading ‘‘Repairs and Alterations’’, may be trans15 ferred to Basic Repairs and Alterations or used to fund 

16 authorized increases in prospectus projects: Provided fur17 ther, That all funds for repairs and alterations prospectus 

18 projects shall expire on September 30, 2005 and remain 

19 in the Federal Buildings Fund except funds for projects 

20 as to which funds for design or other funds have been obli21 gated in whole or in part prior to such date: Provided fur22 ther, That the amount provided in this or any prior Act 

23 for Basic Repairs and Alterations may be used to pay 

24 claims against the Government arising from any projects 

25 under the heading ‘‘Repairs and Alterations’’ or used to 
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1 fund authorized increases in prospectus projects; (3) 

2 $169,745,000 for installment acquisition payments includ3 ing payments on purchase contracts which shall remain 

4 available until expended; (4) $3,308,187,000 for rental of 

5 space which shall remain available until expended; and (5) 

6 $1,608,708,000 for building operations which shall remain 

7 available until expended: Provided further, That funds 

8 available to the General Services Administration shall not 

9 be available for expenses of any construction, repair, alter10 ation and acquisition project for which a prospectus, if re11 quired by the Public Buildings Act of 1959, as amended, 

12 has not been approved, except that necessary funds may 

13 be expended for each project for required expenses for the 

14 development of a proposed prospectus: Provided further,

15 That funds available in the Federal Buildings Fund may 

16 be expended for emergency repairs when advance approval 

17 is obtained from the Committees on Appropriations: Pro18 vided further, That amounts necessary to provide reim19 bursable special services to other agencies under section 

20 210(f)(6) of the Federal Property and Administrative 

21 Services Act of 1949, as amended (40 U.S.C. 592(b)(2)) 

22 and amounts to provide such reimbursable fencing, light23 ing, guard booths, and other facilities on private or other 

24 property not in Government ownership or control as may 

25 be appropriate to enable the United States Secret Service 
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1 to perform its protective functions pursuant to 18 U.S.C. 

2 3056, shall be available from such revenues and collec3 tions: Provided further, That revenues and collections and 

4 any other sums accruing to this Fund during fiscal year 

5 2004, excluding reimbursements under section 210(f)(6) 

6 of the Federal Property and Administrative Services Act 

7 of 1949 (40 U.S.C. 592(b)(2)) in excess of 

8 $6,557,518,000 shall remain in the Fund and shall not 

9 be available for expenditure except as authorized in appro10 priations Acts. 

11 GENERAL ACTIVITIES

12 GOVERNMENT-WIDE POLICY

13 For expenses authorized by law, not otherwise pro14 vided for, for Government-wide policy and evaluation ac15 tivities associated with the management of real and per16 sonal property assets and certain administrative services; 

17 Government-wide policy support responsibilities relating to 

18 acquisition, telecommunications, information technology 

19 management, and related technology activities; and serv20 ices as authorized by 5 U.S.C. 3109, $56,383,000. 

21 OPERATING EXPENSES

22 For expenses authorized by law, not otherwise pro23 vided for, for Government-wide activities associated with 

24 utilization and donation of surplus personal property; dis25 posal of real property; telecommunications, information 

26 technology management, and related technology activities; 
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1 providing Internet access to Federal information and serv2 ices; agency-wide policy direction and management, and 

3 Board of Contract Appeals; accounting, records manage4 ment, and other support services incident to adjudication 

5 of Indian Tribal Claims by the United States Court of 

6 Federal Claims; services as authorized by 5 U.S.C. 3109; 

7 and not to exceed $7,500 for official reception and rep8 resentation expenses, $79,110,000. 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector 

11 General and services authorized by 5 U.S.C. 3109, 

12 $39,169,000: Provided, That not to exceed $15,000 shall 

13 be available for payment for information and detection of 

14 fraud against the Government, including payment for re15 covery of stolen Government property: Provided further,

16 That not to exceed $2,500 shall be available for awards 

17 to employees of other Federal agencies and private citizens 

18 in recognition of efforts and initiatives resulting in en19 hanced Office of Inspector General effectiveness. 

20 ELECTRONIC GOVERNMENT FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses in support of interagency 

23 projects that enable the Federal Government to expand 

24 its ability to conduct activities electronically, through the 

25 development and implementation of innovative uses of the 

26 Internet and other electronic methods, $1,000,000, to re-
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1 main available until expended: Provided, That these funds 

2 may be transferred to Federal agencies to carry out the 

3 purposes of the Fund: Provided further, That this transfer 

4 authority shall be in addition to any other transfer author5 ity provided in this Act: Provided further, That such trans6 fers may not be made until 10 days after a proposed 

7 spending plan and justification for each project to be un8 dertaken has been submitted to the Committees on Appro9 priations. 

10 ALLOWANCES AND OFFICE STAFF FOR FORMER

11 PRESIDENTS

12 (INCLUDING TRANSFER OF FUNDS)

13 For carrying out the provisions of the Act of August 

14 25, 1958, as amended (3 U.S.C. 102 note), and Public 

15 Law 95–138, $3,393,000: Provided, That the Adminis16 trator of General Services shall transfer to the Secretary 

17 of the Treasury such sums as may be necessary to carry 

18 out the provisions of such Acts. 

19 GENERAL PROVISIONS—GENERAL SERVICES

20 ADMINISTRATION

21 SEC. 501. The appropriate appropriation or fund 

22 available to the General Services Administration shall be 

23 credited with the cost of operation, protection, mainte24 nance, upkeep, repair, and improvement, included as part 
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1 of rentals received from Government corporations pursu2 ant to law (40 U.S.C. 129). 

3 SEC. 502. Funds available to the General Services 

4 Administration shall be available for the hire of passenger 

5 motor vehicles. 

6 SEC. 503. Funds in the Federal Buildings Fund 

7 made available for fiscal year 2004 for Federal Buildings 

8 Fund activities may be transferred between such activities 

9 only to the extent necessary to meet program require10 ments: Provided, That any proposed transfers shall be ap11 proved in advance by the Committees on Appropriations. 

12 SEC. 504. No funds made available by this Act shall 

13 be used to transmit a fiscal year 2005 request for United 

14 States Courthouse construction that: (1) does not meet 

15 the design guide standards for construction as established 

16 and approved by the General Services Administration, the 

17 Judicial Conference of the United States, and the Office 

18 of Management and Budget; and (2) does not reflect the 

19 priorities of the Judicial Conference of the United States 

20 as set out in its approved 5-year construction plan: Pro21 vided, That the fiscal year 2005 request must be accom22 panied by a standardized courtroom utilization study of 

23 each facility to be constructed, replaced, or expanded. 

24 SEC. 505. None of the funds provided in this Act may 

25 be used to increase the amount of occupiable square feet, 
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1 provide cleaning services, security enhancements, or any 

2 other service usually provided through the Federal Build3 ings Fund, to any agency that does not pay the rate per 

4 square foot assessment for space and services as deter5 mined by the General Services Administration in compli6 ance with the Public Buildings Amendments Act of 1972 

7 (Public Law 92–313). 

8 SEC. 506. Funds provided to other Government agen9 cies by the Information Technology Fund, General Serv10 ices Administration, under section 110 of the Federal 

11 Property and Administrative Services Act of 1949 (40 

12 U.S.C. 757) and sections 5124(b) and 5128 of the 

13 Clinger-Cohen Act of 1996 (40 U.S.C. 1424(b) and 1428), 

14 for performance of pilot information technology projects 

15 which have potential for Government-wide benefits and 

16 savings, may be repaid to this Fund from any savings ac17 tually incurred by these projects or other funding, to the 

18 extent feasible. 

19 SEC. 507. From funds made available under the 

20 heading ‘‘Federal Buildings Fund, Limitations on Avail21 ability of Revenue’’, claims against the Government of less 

22 than $250,000 arising from direct construction projects 

23 and acquisition of buildings may be liquidated from sav24 ings effected in other construction projects with prior noti25 fication to the Committees on Appropriations. 
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1 SEC. 508. None of the funds in this Act may be used 

2 by the General Services Administration to develop or im3 plement a mandatory system without exceptions that re4 quires agencies Government-wide to use a specific elec5 tronic travel solution or the eTravel Service: Provided,

6 That this section shall also apply to the Department of 

7 Transportation in any development of electronic travel so8 lutions for its modal administrations. 

9 SEC. 509. (a) The Administrator of General Services 

10 shall carry out the authority of the Election Assistance 

11 Commission to make election assistance payments under 

12 subtitle D of title II of the Help America Vote Act of 

13 2002, including the authority under such subtitle to re14 ceive statements and applications from entities seeking 

15 such payments and reports from entities receiving such 

16 payments. 

17 (b) The authority of the Administrator of General 

18 Services under subsection (a) shall apply with respect to 

19 amounts appropriated for fiscal year 2004 and amounts 

20 appropriated for fiscal year 2003 which remain unobli21 gated and unexpended at the end of fiscal year 2003, ex22 cept that this authority shall expire upon the earlier of—

23 (1) the expiration of the 3-month period which 

24 begins on the date on which all members of the 

25 Election Assistance Commission are appointed; or 
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1 (2) June 30, 2004. 

2 (c) Upon the appointment of all members of the Elec3 tion Assistance Commission, the Administrator of General 

4 Services shall transmit to the Commission all statements, 

5 applications, and reports received by the Administrator in 

6 carrying out this section. 

7 SEC. 510. None of the funds made available in this 

8 Act may be used by the General Services Administration 

9 to establish a quick response team processing center on 

10 East Brainerd Road in Chattanooga, Tennessee. 

11 MERIT SYSTEMS PROTECTION BOARD 

12 SALARIES AND EXPENSES

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses to carry out functions of the 

15 Merit Systems Protection Board pursuant to Reorganiza16 tion Plan Numbered 2 of 1978 and the Civil Service Re17 form Act of 1978, including services as authorized by 5 

18 U.S.C. 3109, rental of conference rooms in the District 

19 of Columbia and elsewhere, hire of passenger motor vehi20 cles, and direct procurement of survey printing, 

21 $32,877,000, together with not to exceed $2,626,000 for 

22 administrative expenses to adjudicate retirement appeals 

23 to be transferred from the Civil Service Retirement and 

24 Disability Fund in amounts determined by the Merit Sys25 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. Except as otherwise specifically provided 

5 by law, not to exceed 50 percent of unobligated balances 

6 remaining available at the end of fiscal year 2004 from 

7 appropriations made available for salaries and expenses 

8 for fiscal year 2004 in this Act, shall remain available 

9 through September 30, 2005, for each such account for 

10 the purposes authorized: Provided, That a request shall 

11 be submitted to the Committees on Appropriations for ap12 proval prior to the expenditure of such funds: Provided 

13 further, That these requests shall be made in compliance 

14 with reprogramming guidelines. 

15 SEC. 622. None of the funds made available in this 

16 Act may be used by the Executive Office of the President 

17 to request from the Federal Bureau of Investigation any 

18 official background investigation report on any individual, 

19 except when—

20 (1) such individual has given his or her express 

21 written consent for such request not more than 6 

22 months prior to the date of such request and during 

23 the same presidential administration; or 

24 (2) such request is required due to extraor25 dinary circumstances involving national security. 
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1 SEC. 623. For the purpose of resolving litigation and 

2 implementing any settlement agreements regarding the 

3 nonforeign area cost-of-living allowance program, the Of4 fice of Personnel Management may accept and utilize 

5 (without regard to any restriction on unanticipated travel 

6 expenses imposed in an Appropriations Act) funds made 

7 available to the Office pursuant to court approval. 

8 SEC. 624. No funds appropriated or otherwise made 

9 available under this Act shall be made available to any 

10 person or entity that has been convicted of violating the 

11 Buy American Act (41 U.S.C. 10a–10c). 

12 SEC. 625. No funds appropriated by this Act shall 

13 be available to pay for an abortion, or the administrative 

14 expenses in connection with any health plan under the 

15 Federal employees health benefits program which provides 

16 any benefits or coverage for abortions. 

17 SEC. 626. The provision of section 625 shall not 

18 apply where the life of the mother would be endangered 

19 if the fetus were carried to term, or the pregnancy is the 

20 result of an act of rape or incest. 

21 SEC. 627. For the purpose of assisting State-sup22 ported intercity rail service, in order to demonstrate 

23 whether competition will provide higher quality rail pas24 senger service at reasonable prices, the Secretary of 

25 Transportation, working with affected States, shall de-
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1 velop and implement a procedure for fair competitive bid2 ding by Amtrak and non-Amtrak operators for State-sup3 ported routes: Provided, That in the event a State desires 

4 to select or selects a non-Amtrak operator for the route, 

5 the State may make an agreement with Amtrak to use 

6 facilities and equipment of, or have services provided by, 

7 Amtrak under terms agreed to by the State and Amtrak 

8 to enable the non-Amtrak operator to provide the State9 supported service: Provided further, That if the parties 

10 cannot agree on terms, the Secretary shall, as a condition 

11 of receipt of Federal grant funds, order that the facilities 

12 and equipment be made available and the services be pro13 vided by Amtrak under reasonable terms and compensa14 tion: Provided further, That when prescribing reasonable 

15 compensation to Amtrak, the Secretary shall consider 

16 quality of service as a major factor when determining 

17 whether, and the extent to which, the amount of com18 pensation shall be greater than the incremental costs of 

19 using the facilities and providing the services: Provided 

20 further, That the Secretary may reprogram up to 

21 $5,000,000 from the Amtrak operating grant funds for 

22 costs associated with the implementation of the fair bid 

23 procedure and demonstration of competition under this 

24 section. 
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1 SEC. 628. None of the funds provided in this Act, 

2 provided by previous appropriations Acts to the agencies 

3 or entities funded in this Act that remain available for 

4 obligation or expenditure in fiscal year 2004, or provided 

5 from any accounts in the Treasury derived by the collec6 tion of fees and available to the agencies funded by this 

7 Act, shall be available for obligation or expenditure 

8 through a reprogramming of funds that—

9 (1) creates a new program; 

10 (2) eliminates a program, project, or activity; 

11 (3) increases funds for any program, project, or 

12 activity for which funds have been denied or re13 stricted by the Congress; 

14 (4) proposes to use funds directed for a specific 

15 activity by either the House or Senate Committees 

16 on Appropriations for a different purpose; 

17 (5) augments existing programs, projects, or ac18 tivities in excess of $5,000,000 or 10 percent, which19 ever is less; or 

20 (6) reduces existing programs, projects, or ac21 tivities by 10 percent, 

22 unless the House and Senate Committees on Appropria23 tions are notified at least 15 days in advance of such re24 programming. 
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1 SEC. 629. None of the funds made available in this 

2 Act may be used to require a State or local government 

3 to post a traffic control device or variable message sign, 

4 or any other type of traffic warning sign, in a language 

5 other than English, except with respect to the names of 

6 cities, streets, places, events, or signs related to an inter7 national border. 

8 SEC. 630. EXEMPTION FROM LIMITATIONS ON PRO9 CUREMENT OF FOREIGN INFORMATION TECHNOLOGY

10 THAT IS A COMMERCIAL ITEM.—(a) EXEMPTION.—In 

11 order to promote Government access to commercial infor12 mation technology, the restriction on purchasing non13 domestic articles, materials, and supplies set forth in the 

14 Buy American Act (41 U.S.C. 10a et seq.), shall not apply 

15 to the acquisition by the Federal Government of informa16 tion technology (as defined in section 11101 of title 40, 

17 United States Code, that is a commercial item (as defined 

18 in section 4(12) of the Office of Federal Procurement Pol19 icy Act (41 U.S.C. 403(12)). 

20 (b) DEFINITION.—Section 11101(6) of title 40, 

21 United States Code, is amended—

22 (1) in subparagraph (A), by inserting after 

23 ‘‘storage,’’ the following: ‘‘analysis, evaluation,’’; and 

24 (2) in subparagraph (B), by striking ‘‘ancillary 

25 equipment,’’ and inserting ‘‘ancillary equipment (in-
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1 cluding imaging peripherals, input, output, and stor2 age devices necessary for security and surveillance), 

3 peripheral equipment designed to be controlled by 

4 the central processing unit of a computer,’’. 

5 SEC. 631. It is the sense of the House of Representa6 tives that empowerment zones within cities should have 

7 the necessary flexibility to expand to include relevant com8 munities so that empowerment zone benefits are equitably 

9 distributed. 

10 SEC. 632. It is the sense of the House of Representa11 tives that all census tracts contained in an empowerment 

12 zone, either fully or partially, should be equitably accorded 

13 the same benefits. 

14 SEC. 633. None of the funds made available in this 

15 Act may be used to finalize, implement, administer, or en16 force—

17 (1) the proposed rule relating to the determina18 tion that real estate brokerage is an activity that is 

19 financial in nature or incidental to a financial activ20 ity published in the Federal Register on January 3, 

21 2001 (66 Fed. Reg. 307 et seq.); or 

22 (2) the revision proposed in such rule to section 

23 1501.2 of title 12 of the Code of Federal Regula24 tions. 
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1 SEC. 634. It is the sense of Congress that, after prop2 er documentation, justification, and review, the Depart3 ment of Transportation should consider programs to reim4 burse general aviation ground support services at Ronald 

5 Reagan Washington National Airport, and airports lo6 cated within fifteen miles of Ronald Reagan Washington 

7 National Airport, for their financial losses due to Govern8 ment actions after the terrorist attacks of September 11, 

9 2001. 

10 SEC. 635. It is the sense of the House of Representa11 tives that public private partnerships (PPPs) could help 

12 eliminate some of the cost drivers behind complex, capital13 intensive highway and transit projects. The House of Rep14 resentatives encourages the Secretary of Transportation 

15 to apply available funds to select projects that are in the 

16 development phase, eligible under title 23 and title 49, 

17 United States Code, except 23 U.S.C. 133(b)(8), and that 

18 employ a PPP strategy. 

19 TITLE VII—GENERAL PROVISIONS 

20 DEPARTMENTS, AGENCIES, AND CORPORATIONS

21 SEC. 701. Funds appropriated in this or any other 

22 Act may be used to pay travel to the United States for 

23 the immediate family of employees serving abroad in cases 

24 of death or life threatening illness of said employee. 
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1 SEC. 702. No department, agency, or instrumentality 

2 of the United States receiving appropriated funds under 

3 this or any other Act for fiscal year 2004 shall obligate 

4 or expend any such funds, unless such department, agen5 cy, or instrumentality has in place, and will continue to 

6 administer in good faith, a written policy designed to en7 sure that all of its workplaces are free from the illegal 

8 use, possession, or distribution of controlled substances 

9 (as defined in the Controlled Substances Act) by the offi10 cers and employees of such department, agency, or instru11 mentality. 

12 SEC. 703. Unless otherwise specifically provided, the 

13 maximum amount allowable during the current fiscal year 

14 in accordance with section 16 of the Act of August 2, 1946 

15 (60 Stat. 810), for the purchase of any passenger motor 

16 vehicle (exclusive of buses, ambulances, law enforcement, 

17 and undercover surveillance vehicles), is hereby fixed at 

18 $8,100 except station wagons for which the maximum 

19 shall be $9,100: Provided, That these limits may be ex20 ceeded by not to exceed $3,700 for police-type vehicles, 

21 and by not to exceed $4,000 for special heavy-duty vehi22 cles: Provided further, That the limits set forth in this sec23 tion may not be exceeded by more than 5 percent for elec24 tric or hybrid vehicles purchased for demonstration under 

25 the provisions of the Electric and Hybrid Vehicle Re-
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1 search, Development, and Demonstration Act of 1976: 

2 Provided further, That the limits set forth in this section 

3 may be exceeded by the incremental cost of clean alter4 native fuels vehicles acquired pursuant to Public Law 

5 101–549 over the cost of comparable conventionally fueled 

6 vehicles. 

7 SEC. 704. Appropriations of the executive depart8 ments and independent establishments for the current fis9 cal year available for expenses of travel, or for the ex10 penses of the activity concerned, are hereby made available 

11 for quarters allowances and cost-of-living allowances, in 

12 accordance with 5 U.S.C. 5922–5924. 

13 SEC. 705. Unless otherwise specified during the cur14 rent fiscal year, no part of any appropriation contained 

15 in this or any other Act shall be used to pay the compensa16 tion of any officer or employee of the Government of the 

17 United States (including any agency the majority of the 

18 stock of which is owned by the Government of the United 

19 States) whose post of duty is in the continental United 

20 States unless such person: (1) is a citizen of the United 

21 States; (2) is a person in the service of the United States 

22 on the date of the enactment of this Act who, being eligible 

23 for citizenship, has filed a declaration of intention to be24 come a citizen of the United States prior to such date and 

25 is actually residing in the United States; (3) is a person 
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1 who owes allegiance to the United States; (4) is an alien 

2 from Cuba, Poland, South Vietnam, the countries of the 

3 former Soviet Union, or the Baltic countries lawfully ad4 mitted to the United States for permanent residence; (5) 

5 is a South Vietnamese, Cambodian, or Laotian refugee pa6 roled in the United States after January 1, 1975; or (6) 

7 is a national of the People’s Republic of China who quali8 fies for adjustment of status pursuant to the Chinese Stu9 dent Protection Act of 1992: Provided, That for the pur10 pose of this section, an affidavit signed by any such person 

11 shall be considered prima facie evidence that the require12 ments of this section with respect to his or her status have 

13 been complied with: Provided further, That any person 

14 making a false affidavit shall be guilty of a felony, and, 

15 upon conviction, shall be fined no more than $4,000 or 

16 imprisoned for not more than 1 year, or both: Provided 

17 further, That the above penal clause shall be in addition 

18 to, and not in substitution for, any other provisions of ex19 isting law: Provided further, That any payment made to 

20 any officer or employee contrary to the provisions of this 

21 section shall be recoverable in action by the Federal Gov22 ernment. This section shall not apply to citizens of Ire23 land, Israel, or the Republic of the Philippines, or to na24 tionals of those countries allied with the United States in 

25 a current defense effort, or to international broadcasters 
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1 employed by the United States Information Agency, or to 

2 temporary employment of translators, or to temporary em3 ployment in the field service (not to exceed 60 days) as 

4 a result of emergencies. 

5 SEC. 706. Appropriations available to any depart6 ment or agency during the current fiscal year for nec7 essary expenses, including maintenance or operating ex8 penses, shall also be available for payment to the General 

9 Services Administration for charges for space and services 

10 and those expenses of renovation and alteration of build11 ings and facilities which constitute public improvements 

12 performed in accordance with the Public Buildings Act of 

13 1959 (73 Stat. 749), the Public Buildings Amendments 

14 of 1972 (87 Stat. 216), or other applicable law. 

15 SEC. 707. In addition to funds provided in this or 

16 any other Act, all Federal agencies are authorized to re17 ceive and use funds resulting from the sale of materials, 

18 including Federal records disposed of pursuant to a 

19 records schedule recovered through recycling or waste pre20 vention programs. Such funds shall be available until ex21 pended for the following purposes: 

22 (1) Acquisition, waste reduction and prevention, 

23 and recycling programs as described in Executive 

24 Order No. 13101 (September 14, 1998), including 
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1 any such programs adopted prior to the effective 

2 date of the Executive order. 

3 (2) Other Federal agency environmental man4 agement programs, including, but not limited to, the 

5 development and implementation of hazardous waste 

6 management and pollution prevention programs. 

7 (3) Other employee programs as authorized by 

8 law or as deemed appropriate by the head of the 

9 Federal agency. 

10 SEC. 708. Funds made available by this or any other 

11 Act for administrative expenses in the current fiscal year 

12 of the corporations and agencies subject to chapter 91 of 

13 title 31, United States Code, shall be available, in addition 

14 to objects for which such funds are otherwise available, 

15 for rent in the District of Columbia; services in accordance 

16 with 5 U.S.C. 3109; and the objects specified under this 

17 head, all the provisions of which shall be applicable to the 

18 expenditure of such funds unless otherwise specified in the 

19 Act by which they are made available: Provided, That in 

20 the event any functions budgeted as administrative ex21 penses are subsequently transferred to or paid from other 

22 funds, the limitations on administrative expenses shall be 

23 correspondingly reduced. 

24 SEC. 709. No part of any appropriation for the cur25 rent fiscal year contained in this or any other Act shall 
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1 be paid to any person for the filling of any position for 

2 which he or she has been nominated after the Senate has 

3 voted not to approve the nomination of said person. 

4 SEC. 710. No part of any appropriation contained in 

5 this or any other Act shall be available for interagency 

6 financing of boards (except Federal Executive Boards), 

7 commissions, councils, committees, or similar groups 

8 (whether or not they are interagency entities) which do 

9 not have a prior and specific statutory approval to receive 

10 financial support from more than one agency or instru11 mentality. 

12 SEC. 711. Funds made available by this or any other 

13 Act to the Postal Service Fund (39 U.S.C. 2003) shall 

14 be available for employment of guards for all buildings and 

15 areas owned or occupied by the Postal Service and under 

16 the charge and control of the Postal Service, and such 

17 guards shall have, with respect to such property, the pow18 ers of special policemen provided by the first section of 

19 the Act of June 1, 1948, as amended (62 Stat. 281; 40 

20 U.S.C. 318), and, as to property owned or occupied by 

21 the Postal Service, the Postmaster General may take the 

22 same actions as the Administrator of General Services 

23 may take under the provisions of sections 2 and 3 of the 

24 Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 

25 318a and 318b), attaching thereto penal consequences 
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1 under the authority and within the limits provided in sec2 tion 4 of the Act of June 1, 1948, as amended (62 Stat. 

3 281; 40 U.S.C. 318c). 

4 SEC. 712. None of the funds made available pursuant 

5 to the provisions of this Act shall be used to implement, 

6 administer, or enforce any regulation which has been dis7 approved pursuant to a resolution of disapproval duly 

8 adopted in accordance with the applicable law of the 

9 United States. 

10 SEC. 713. (a) Notwithstanding any other provision 

11 of law, and except as otherwise provided in this section, 

12 no part of any of the funds appropriated for fiscal year 

13 2004, by this or any other Act, may be used to pay any 

14 prevailing rate employee described in section 

15 5342(a)(2)(A) of title 5, United States Code—

16 (1) during the period from the date of expira17 tion of the limitation imposed by the comparable sec18 tion for the previous fiscal years until the normal ef19 fective date of the applicable wage survey adjust20 ment that is to take effect in fiscal year 2004, in an 

21 amount that exceeds the rate payable for the appli22 cable grade and step of the applicable wage schedule 

23 in accordance with such section; and 

24 (2) during the period consisting of the remain25 der of fiscal year 2004, in an amount that exceeds, 
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1 as a result of a wage survey adjustment, the rate 

2 payable under paragraph (1) by more than the sum 

3 of—

4 (A) the percentage adjustment taking ef5 fect in fiscal year 2004 under section 5303 of 

6 title 5, United States Code, in the rates of pay 

7 under the General Schedule; and 

8 (B) the difference between the overall aver9 age percentage of the locality-based com10 parability payments taking effect in fiscal year 

11 2004 under section 5304 of such title (whether 

12 by adjustment or otherwise), and the overall av13 erage percentage of such payments which was 

14 effective in the previous fiscal year under such 

15 section. 

16 (b) Notwithstanding any other provision of law, no 

17 prevailing rate employee described in subparagraph (B) or 

18 (C) of section 5342(a)(2) of title 5, United States Code, 

19 and no employee covered by section 5348 of such title, 

20 may be paid during the periods for which subsection (a) 

21 is in effect at a rate that exceeds the rates that would 

22 be payable under subsection (a) were subsection (a) appli23 cable to such employee. 

24 (c) For the purposes of this section, the rates payable 

25 to an employee who is covered by this section and who 
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1 is paid from a schedule not in existence on September 30, 

2 2003, shall be determined under regulations prescribed by 

3 the Office of Personnel Management. 

4 (d) Notwithstanding any other provision of law, rates 

5 of premium pay for employees subject to this section may 

6 not be changed from the rates in effect on September 30, 

7 2003, except to the extent determined by the Office of 

8 Personnel Management to be consistent with the purpose 

9 of this section. 

10 (e) This section shall apply with respect to pay for 

11 service performed after September 30, 2003. 

12 (f) For the purpose of administering any provision 

13 of law (including any rule or regulation that provides pre14 mium pay, retirement, life insurance, or any other em15 ployee benefit) that requires any deduction or contribu16 tion, or that imposes any requirement or limitation on the 

17 basis of a rate of salary or basic pay, the rate of salary 

18 or basic pay payable after the application of this section 

19 shall be treated as the rate of salary or basic pay. 

20 (g) Nothing in this section shall be considered to per21 mit or require the payment to any employee covered by 

22 this section at a rate in excess of the rate that would be 

23 payable were this section not in effect. 

24 (h) The Office of Personnel Management may provide 

25 for exceptions to the limitations imposed by this section 
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1 if the Office determines that such exceptions are necessary 

2 to ensure the recruitment or retention of qualified employ3 ees. 

4 SEC. 714. During the period in which the head of 

5 any department or agency, or any other officer or civilian 

6 employee of the Government appointed by the President 

7 of the United States, holds office, no funds may be obli8 gated or expended in excess of $5,000 to furnish or re9 decorate the office of such department head, agency head, 

10 officer, or employee, or to purchase furniture or make im11 provements for any such office, unless advance notice of 

12 such furnishing or redecoration is expressly approved by 

13 the Committees on Appropriations. For the purposes of 

14 this section, the term ‘‘office’’ shall include the entire suite 

15 of offices assigned to the individual, as well as any other 

16 space used primarily by the individual or the use of which 

17 is directly controlled by the individual. 

18 SEC. 715. Notwithstanding section 1346 of title 31, 

19 United States Code, or section 710 of this Act, funds 

20 made available for the current fiscal year by this or any 

21 other Act shall be available for the interagency funding 

22 of national security and emergency preparedness tele23 communications initiatives which benefit multiple Federal 

24 departments, agencies, or entities, as provided by Execu25 tive Order No. 12472 (April 3, 1984). 
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1 SEC. 716. (a) None of the funds appropriated by this 

2 or any other Act may be obligated or expended by any 

3 Federal department, agency, or other instrumentality for 

4 the salaries or expenses of any employee appointed to a 

5 position of a confidential or policy-determining character 

6 excepted from the competitive service pursuant to section 

7 3302 of title 5, United States Code, without a certification 

8 to the Office of Personnel Management from the head of 

9 the Federal department, agency, or other instrumentality 

10 employing the Schedule C appointee that the Schedule C 

11 position was not created solely or primarily in order to 

12 detail the employee to the White House. 

13 (b) The provisions of this section shall not apply to 

14 Federal employees or members of the armed services de15 tailed to or from—

16 (1) the Central Intelligence Agency; 

17 (2) the National Security Agency; 

18 (3) the Defense Intelligence Agency; 

19 (4) the offices within the Department of De20 fense for the collection of specialized national foreign 

21 intelligence through reconnaissance programs; 

22 (5) the Bureau of Intelligence and Research of 

23 the Department of State; 

24 (6) any agency, office, or unit of the Army, 

25 Navy, Air Force, and Marine Corps, the Department 
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1 of Homeland Security, the Federal Bureau of Inves2 tigation and the Drug Enforcement Administration 

3 of the Department of Justice, the Department of 

4 Transportation, the Department of the Treasury, 

5 and the Department of Energy performing intel6 ligence functions; and 

7 (7) the Director of Central Intelligence. 

8 SEC. 717. No department, agency, or instrumentality 

9 of the United States receiving appropriated funds under 

10 this or any other Act for the current fiscal year shall obli11 gate or expend any such funds, unless such department, 

12 agency, or instrumentality has in place, and will continue 

13 to administer in good faith, a written policy designed to 

14 ensure that all of its workplaces are free from discrimina15 tion and sexual harassment and that all of its workplaces 

16 are not in violation of title VII of the Civil Rights Act 

17 of 1964, as amended, the Age Discrimination in Employ18 ment Act of 1967, and the Rehabilitation Act of 1973. 

19 SEC. 718. No part of any appropriation contained in 

20 this or any other Act shall be available for the payment 

21 of the salary of any officer or employee of the Federal 

22 Government, who—

23 (1) prohibits or prevents, or attempts or threat24 ens to prohibit or prevent, any other officer or em25 ployee of the Federal Government from having any 
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1 direct oral or written communication or contact with 

2 any Member, committee, or subcommittee of the 

3 Congress in connection with any matter pertaining 

4 to the employment of such other officer or employee 

5 or pertaining to the department or agency of such 

6 other officer or employee in any way, irrespective of 

7 whether such communication or contact is at the ini8 tiative of such other officer or employee or in re9 sponse to the request or inquiry of such Member, 

10 committee, or subcommittee; or 

11 (2) removes, suspends from duty without pay, 

12 demotes, reduces in rank, seniority, status, pay, or 

13 performance of efficiency rating, denies promotion 

14 to, relocates, reassigns, transfers, disciplines, or dis15 criminates in regard to any employment right, enti16 tlement, or benefit, or any term or condition of em17 ployment of, any other officer or employee of the 

18 Federal Government, or attempts or threatens to 

19 commit any of the foregoing actions with respect to 

20 such other officer or employee, by reason of any 

21 communication or contact of such other officer or 

22 employee with any Member, committee, or sub23 committee of the Congress as described in paragraph 

24 (1). 
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1 SEC. 719. (a) None of the funds made available in 

2 this or any other Act may be obligated or expended for 

3 any employee training that—

4 (1) does not meet identified needs for knowl5 edge, skills, and abilities bearing directly upon the 

6 performance of official duties; 

7 (2) contains elements likely to induce high lev8 els of emotional response or psychological stress in 

9 some participants; 

10 (3) does not require prior employee notification 

11 of the content and methods to be used in the train12 ing and written end of course evaluation; 

13 (4) contains any methods or content associated 

14 with religious or quasi-religious belief systems or 

15 ‘‘new age’’ belief systems as defined in Equal Em16 ployment Opportunity Commission Notice N–

17 915.022, dated September 2, 1988; or 

18 (5) is offensive to, or designed to change, par19 ticipants’ personal values or lifestyle outside the 

20 workplace. 

21 (b) Nothing in this section shall prohibit, restrict, or 

22 otherwise preclude an agency from conducting training 

23 bearing directly upon the performance of official duties. 

24 SEC. 720. No funds appropriated in this or any other 

25 Act may be used to implement or enforce the agreements 
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1 in Standard Forms 312 and 4414 of the Government or 

2 any other nondisclosure policy, form, or agreement if such 

3 policy, form, or agreement does not contain the following 

4 provisions: ‘‘These restrictions are consistent with and do 

5 not supersede, conflict with, or otherwise alter the em6 ployee obligations, rights, or liabilities created by Execu7 tive Order No. 12958; section 7211 of title 5, United 

8 States Code (governing disclosures to Congress); section 

9 1034 of title 10, United States Code, as amended by the 

10 Military Whistleblower Protection Act (governing disclo11 sure to Congress by members of the military); section 

12 2302(b)(8) of title 5, United States Code, as amended by 

13 the Whistleblower Protection Act (governing disclosures of 

14 illegality, waste, fraud, abuse or public health or safety 

15 threats); the Intelligence Identities Protection Act of 1982 

16 (50 U.S.C. 421 et seq.) (governing disclosures that could 

17 expose confidential Government agents); and the statutes 

18 which protect against disclosure that may compromise the 

19 national security, including sections 641, 793, 794, 798, 

20 and 952 of title 18, United States Code, and section 4(b) 

21 of the Subversive Activities Act of 1950 (50 U.S.C. 

22 783(b)). The definitions, requirements, obligations, rights, 

23 sanctions, and liabilities created by said Executive order 

24 and listed statutes are incorporated into this agreement 

25 and are controlling.’’: Provided, That notwithstanding the 
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1 preceding paragraph, a nondisclosure policy form or agree2 ment that is to be executed by a person connected with 

3 the conduct of an intelligence or intelligence-related activ4 ity, other than an employee or officer of the United States 

5 Government, may contain provisions appropriate to the 

6 particular activity for which such document is to be used. 

7 Such form or agreement shall, at a minimum, require that 

8 the person will not disclose any classified information re9 ceived in the course of such activity unless specifically au10 thorized to do so by the United States Government. Such 

11 nondisclosure forms shall also make it clear that they do 

12 not bar disclosures to Congress or to an authorized official 

13 of an executive agency or the Department of Justice that 

14 are essential to reporting a substantial violation of law. 

15 SEC. 721. No part of any funds appropriated in this 

16 or any other Act shall be used by an agency of the execu17 tive branch, other than for normal and recognized execu18 tive-legislative relationships, for publicity or propaganda 

19 purposes, and for the preparation, distribution or use of 

20 any kit, pamphlet, booklet, publication, radio, television or 

21 film presentation designed to support or defeat legislation 

22 pending before the Congress, except in presentation to the 

23 Congress itself. 

24 SEC. 722. None of the funds appropriated by this or 

25 any other Act may be used by an agency to provide a Fed-
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1 eral employee’s home address to any labor organization 

2 except when the employee has authorized such disclosure 

3 or when such disclosure has been ordered by a court of 

4 competent jurisdiction. 

5 SEC. 723. None of the funds made available in this 

6 Act or any other Act may be used to provide any non7 public information such as mailing or telephone lists to 

8 any person or any organization outside of the Federal 

9 Government without the approval of the Committees on 

10 Appropriations. 

11 SEC. 724. No part of any appropriation contained in 

12 this or any other Act shall be used for publicity or propa13 ganda purposes within the United States not heretofore 

14 authorized by the Congress. 

15 SEC. 725. Unless authorized in accordance with law 

16 or regulations to use such time for other purposes, an em17 ployee of an agency shall use official time in an honest 

18 effort to perform official duties. An employee not under 

19 a leave system, including a Presidential appointee exempt20 ed under section 6301(2) of title 5, United States Code, 

21 has an obligation to expend an honest effort and a reason22 able proportion of such employee’s time in the perform23 ance of official duties: Provided, That in this section the 

24 term ‘‘agency’’—
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1 (1) means an Executive agency as defined 

2 under section 105 of title 5, United States Code; 

3 (2) includes a military department as defined 

4 under section 102 of such title, the Postal Service, 

5 and the Postal Rate Commission; and 

6 (3) shall not include the General Accounting 

7 Office. 

8 SEC. 726. Notwithstanding 31 U.S.C. 1346 and sec9 tion 710 of this Act, funds made available for the current 

10 fiscal year by this or any other Act to any department 

11 or agency, which is a member of the Joint Financial Man12 agement Improvement Program (JFMIP), shall be avail13 able to finance an appropriate share of JFMIP adminis14 trative costs, as determined by the JFMIP, but not to ex15 ceed a total of $800,000 including the salary of the Execu16 tive Director and staff support. 

17 SEC. 727. Notwithstanding 31 U.S.C. 1346 and sec18 tion 710 of this Act, the head of each Executive depart19 ment and agency is hereby authorized to transfer to or 

20 reimburse the ‘‘Governmentwide Policy’’ account, General 

21 Services Administration, with the approval of the Director 

22 of the Office of Management and Budget, funds made 

23 available for the current fiscal year by this or any other 

24 Act, including rebates from charge card and other con25 tracts. These funds shall be administered by the Adminis-
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1 trator of General Services to support Government-wide fi2 nancial, information technology, procurement, and other 

3 management innovations, initiatives, and activities, as ap4 proved by the Director of the Office of Management and 

5 Budget, in consultation with the appropriate interagency 

6 groups designated by the Director (including the Chief Fi7 nancial Officers Council and the Joint Financial Manage8 ment Improvement Program for financial management 

9 initiatives, the Chief Information Officers Council for in10 formation technology initiatives, and the Procurement Ex11 ecutives Council for procurement initiatives). The total 

12 funds transferred or reimbursed shall not exceed 

13 $17,000,000. Such transfers or reimbursements may only 

14 be made 15 days following notification of the Committees 

15 on Appropriations by the Director of the Office of Man16 agement and Budget. 

17 SEC. 728. Notwithstanding any other provision of 

18 law, a woman may breastfeed her child at any location 

19 in a Federal building or on Federal property, if the woman 

20 and her child are otherwise authorized to be present at 

21 the location. 

22 SEC. 729. Nothwithstanding section 1346 of title 31, 

23 United States Code, or section 710 of this Act, funds 

24 made available for the current fiscal year by this or any 

25 other Act shall be available for the interagency funding 
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1 of specific projects, workshops, studies, and similar efforts 

2 to carry out the purposes of the National Science and 

3 Technology Council (authorized by Executive Order No. 

4 12881), which benefit multiple Federal departments, 

5 agencies, or entities: Provided, That the Office of Manage6 ment and Budget shall provide a report describing the 

7 budget of and resources connected with the National 

8 Science and Technology Council to the Committees on Ap9 propriations, the House Committee on Science; and the 

10 Senate Committee on Commerce, Science, and Transpor11 tation 90 days after enactment of this Act. 

12 SEC. 730. Any request for proposals, solicitation, 

13 grant application, form, notification, press release, or 

14 other publications involving the distribution of Federal 

15 funds shall indicate the agency providing the funds, the 

16 Catalog of Federal Domestic Assistance Number, as appli17 cable, and the amount provided. This provision shall apply 

18 to direct payments, formula funds, and grants received by 

19 a State receiving Federal funds. 

20 SEC. 731. Subsection (f) of section 403 of Public Law 

21 103–356 (31 U.S.C. 501 note) is amended by striking 

22 ‘‘October 1, 2001’’ and inserting ‘‘October 1, 2004’’. 

23 SEC. 732. (a) PROHIBITION OF FEDERAL AGENCY

24 MONITORING OF PERSONAL INFORMATION ON USE OF
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1 INTERNET.—None of the funds made available in this or 

2 any other Act may be used by any Federal agency—

3 (1) to collect, review, or create any aggregate 

4 list, derived from any means, that includes the col5 lection of any personally identifiable information re6 lating to an individual’s access to or use of any Fed7 eral Government Internet site of the agency; or 

8 (2) to enter into any agreement with a third 

9 party (including another Government agency) to col10 lect, review, or obtain any aggregate list, derived 

11 from any means, that includes the collection of any 

12 personally identifiable information relating to an in13 dividual’s access to or use of any nongovernmental 

14 Internet site. 

15 (b) EXCEPTIONS.—The limitations established in 

16 subsection (a) shall not apply to—

17 (1) any record of aggregate data that does not 

18 identify particular persons; 

19 (2) any voluntary submission of personally iden20 tifiable information; 

21 (3) any action taken for law enforcement, regu22 latory, or supervisory purposes, in accordance with 

23 applicable law; or 

24 (4) any action described in subsection (a)(1) 

25 that is a system security action taken by the oper-
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1 ator of an Internet site and is necessarily incident 

2 to the rendition of the Internet site services or to the 

3 protection of the rights or property of the provider 

4 of the Internet site. 

5 (c) DEFINITIONS.—For the purposes of this section: 

6 (1) The term ‘‘regulatory’’ means agency ac7 tions to implement, interpret or enforce authorities 

8 provided in law. 

9 (2) The term ‘‘supervisory’’ means examina10 tions of the agency’s supervised institutions, includ11 ing assessing safety and soundness, overall financial 

12 condition, management practices and policies and 

13 compliance with applicable standards as provided in 

14 law. 

15 SEC. 733. (a) None of the funds appropriated by this 

16 Act may be used to enter into or renew a contract which 

17 includes a provision providing prescription drug coverage, 

18 except where the contract also includes a provision for con19 traceptive coverage. 

20 (b) Nothing in this section shall apply to a contract 

21 with—

22 (1) any of the following religious plans: 

23 (A) Personal Care’s HMO; and 

24 (B) OSF Health Plans, Inc.; and 
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1 (2) any existing or future plan, if the carrier 

2 for the plan objects to such coverage on the basis of 

3 religious beliefs. 

4 (c) In implementing this section, any plan that enters 

5 into or renews a contract under this section may not sub6 ject any individual to discrimination on the basis that the 

7 individual refuses to prescribe or otherwise provide for 

8 contraceptives because such activities would be contrary 

9 to the individual’s religious beliefs or moral convictions. 

10 (d) Nothing in this section shall be construed to re11 quire coverage of abortion or abortion-related services. 

12 SEC. 734. The Congress of the United States recog13 nizes the United States Anti-Doping Agency (USADA) as 

14 the official anti-doping agency for Olympic, Pan Amer15 ican, and Paralympic sport in the United States. 

16 SEC. 735. Not later than 6 months after the date of 

17 enactment of this Act, the Inspector General of each appli18 cable department or agency shall submit to the Committee 

19 on Appropriations a report detailing what policies and pro20 cedures are in place for each department or agency to give 

21 first priority to the location of new offices and other facili22 ties in rural areas, as directed by the Rural Development 

23 Act of 1972. 

24 SEC. 736. Each executive department and agency 

25 shall evaluate the creditworthiness of an individual before 
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1 issuing the individual a Government travel charge card. 

2 The department or agency may not issue a Government 

3 travel charge card to an individual that either lacks a cred4 it history or is found to have an unsatisfactory credit his5 tory as a result of this evaluation: Provided, That this re6 striction shall not preclude issuance of a restricted-use 

7 charge, debit, or stored value card made in accordance 

8 with agency procedures to: (1) an individual with an un9 satisfactory credit history where such card is used to pay 

10 travel expenses and the agency determines there is no suit11 able alternative payment mechanism available before 

12 issuing the card; or (2) an individual who lacks a credit 

13 history. Each executive department and agency shall es14 tablish guidelines and procedures for disciplinary actions 

15 to be taken against agency personnel for improper, fraud16 ulent, or abusive use of Government charge cards, which 

17 shall include appropriate disciplinary actions for use of 

18 charge cards for purposes, and at establishments, that are 

19 inconsistent with the official business of the department 

20 or agency or with applicable standards of conduct. 

21 SEC. 737. Notwithstanding section 1346 of title 31, 

22 United States Code, or section 710 of this Act, funds 

23 made available for the current fiscal year by this or any 

24 other Act shall be available for the interagency funding 

25 of the National Oceanographic Partnership Program Of-
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1 fice, authorized by 10 U.S.C. 7902, and the Coastal Amer2 ica program, which benefit multiple Federal departments, 

3 agencies, or entities: Provided, That the Department of 

4 Commerce shall provide a report describing the budget of 

5 and resources connected with the National Oceanographic 

6 Partnership Program Office and the Coastal America pro7 gram to the House and Senate Committees on Appropria8 tions, the House Committee on Science, and the Senate 

9 Committee on Commerce, Science, and Transportation 90 

10 days after the enactment of this Act. 

11 SEC. 738. Section 640(c) of the Treasury and Gen12 eral Government Appropriations Act, 2000 (Public Law 

13 106–58; 2 U.S.C. 437g note 1), as amended by section 

14 642 of the Treasury and General Government Appropria15 tions Act, 2002 (Public Law 107–67), is amended by 

16 striking ‘‘December 31, 2003’’ and inserting ‘‘December 

17 31, 2005’’. 

18 SEC. 739. Section 304(a) of the Federal Election 

19 Campaign Act of 1971 (2 U.S.C. 434(a)) is amended as 

20 follows: 

21 (1) in clauses (a)(2)(A)(i) and (a)(4)(A)(ii) by 

22 striking the parenthetical ‘‘(or posted by registered 

23 or certified mail no later than the 15th day before)’’ 

24 and inserting in its place, ‘‘(or posted by any of the 

25 following: registered mail, certified mail, priority 
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1 mail having a delivery confirmation, or express mail 

2 having a delivery confirmation, or delivered to an 

3 overnight delivery service with an on-line tracking 

4 system, if posted or delivered no later than the 15th 

5 day before)’’; and 

6 (2) by striking paragraph (a)(5) and inserting 

7 the following: 

8 ‘‘(5) If a designation, report, or statement filed 

9 pursuant to this Act (other than under paragraph 

10 (2)(A)(i) or (4)(A)(ii) or subsection (g)(1)) is sent 

11 by registered mail, certified mail, priority mail hav12 ing a delivery confirmation, or express mail having 

13 a delivery confirmation, the United States postmark 

14 shall be considered the date of filing the designation, 

15 report or statement. If a designation, report or 

16 statement filed pursuant to this Act (other than 

17 under paragraph (2)(A)(i) or (4)(A)(ii), or sub18 section (g)(1)) is sent by an overnight delivery serv19 ice with an on-line tracking system, the date on the 

20 proof of delivery to the delivery service shall be con21 sidered the date of filing of the designation, report, 

22 or statement.’’. 

23 SEC. 740. (a) The adjustment in rates of basic pay 

24 for employees under the statutory pay systems that takes 

25 effect in fiscal year 2004 under sections 5303 and 5304 
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1 of title 5, United States Code, shall be an increase of 4.1 

2 percent, and this adjustment shall apply to civilian em3 ployees in the Department of Defense and the Department 

4 of Homeland Security and such adjustments shall be effec5 tive as of the first day of the first applicable pay period 

6 beginning on or after January 1, 2004. 

7 (b) Notwithstanding section 713 of this Act, the ad8 justment in rates of basic pay for the statutory pay sys9 tems that take place in fiscal year 2004 under sections 

10 5344 and 5348 of title 5, United States Code, shall be 

11 no less than the percentage in paragraph (a) as employees 

12 in the same location whose rates of basic pay are adjusted 

13 pursuant to the statutory pay systems under section 5303 

14 and 5304 of title 5, United States Code. Prevailing rate 

15 employees at locations where there are no employees whose 

16 pay is increased pursuant to sections 5303 and 5304 of 

17 title 5 and prevailing rate employees described in section 

18 5343(a)(5) of title 5 shall be considered to be located in 

19 the pay locality designated as ‘‘Rest of US’’ pursuant to 

20 section 5304 of title 5 for purposes of this paragraph. 

21 (c) Funds used to carry out this section shall be paid 

22 from appropriations, which are made to each applicable 

23 department or agency for salaries and expenses for fiscal 

24 year 2004. 
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1 SEC. 741. Not later than December 31 of each year, 

2 the head of each agency shall submit to Congress a report 

3 on the competitive sourcing activities performed during 

4 the previous fiscal year by Federal Government sources 

5 that are on the list required under the Federal Activities 

6 Inventory Reform Act of 1998 (Public Law 105–270; 31 

7 U.S.C. 501 note). The report shall include—

8 (1) the number of full time equivalent Federal 

9 employees studied for competitive sourcing; 

10 (2) the total agency cost required to carry out 

11 its competitive sourcing program; 

12 (3) the costs attributable to paying outside con13 sultants and contractors to carry out the agency’s 

14 competitive sourcing program; 

15 (4) the costs attributable to paying agency per16 sonnel to carry out its competitive sourcing program; 

17 and 

18 (5) an estimate of the savings attributed as a 

19 result of the agency competitive sourcing program. 

20 SEC. 742. It is the sense of the Congress that none 

21 of the funds made available in this Act should be used 

22 to disestablish any pay locality (as defined by section 5302 

23 of title 5, United States Code). 

24 SEC. 743. For an additional amount for new fixed 

25 guideway systems under the heading ‘‘Federal Transit Ad-
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1 ministration—Capital Investment Grants’’ for the Silicon 

2 Valley, CA, Rapid Transit Corridor, and the amount oth3 erwise provided under such heading for the San Francisco, 

4 CA, Muni Third Street Light Rail Project is hereby re5 duced by, $1,000,000. 

6 SEC. 744. Notwithstanding any other provision of 

7 this Act, for necessary expenses to carry out the essential 

8 air service program pursuant to 49 U.S.C. 41742(a), there 

9 is hereby appropriated $63,000,000, to be derived from 

10 the airport and airway trust fund and to remain available 

11 until expended. 

12 SEC. 745. (a) None of the funds made available in 

13 this Act may be used to administer or enforce part 515 

14 of title 31, Code of Federal Regulations (the Cuban Assets 

15 Control Regulations) with respect to any travel or travel16 related transaction. 

17 (b) The limitation established in subsection (a) shall 

18 not apply to the administration of general or specific li19 censes for travel or travel-related transactions, shall not 

20 apply to section 515.204, 515.206, 515.332, 515.536, 

21 515.544, 515.547, 515.560(c)(3), 515.569, 515.571, or 

22 515.803 of such part 515, and shall not apply to trans23 actions in relation to any business travel covered by sec24 tion 515.560(g) of such part 515. 
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1 SEC. 746. None of the funds made available in this 

2 Act may be used to enforce any restriction on remittances 

3 to nationals of Cuba or Cuban households, including re4 mittances for emigration expenses, covered by section 

5 515.570 or 515.560(c) of title 31, Code of Federal Regula6 tions, other than the restriction that remittances not be 

7 made from a blocked source and the restriction that no 

8 member of the payee’s household be a senior-level Govern9 ment official or senior-level communist party official. 

10 SEC. 747. None of the funds appropriated by this Act 

11 may be used to assist in overturning the judicial ruling 

12 contained in the Memorandum and Order of the United 

13 States District Court for the Southern District of Illinois 

14 entered on July 31, 2003, in the action entitled Kathi Coo15 per, Beth Harrington, and Matthew Hillesheim, Individ16 ually and on Behalf of All Those Similarly Situated vs. 

17 IBM Personal Pension Plan and IBM Corporation (Civil 

18 No. 99–829–GPM). 

19 SEC. 748. None of the funds made available by this 

20 Act may be used to implement the revision to Office of 

21 Management and Budget Circular A–76 made on May 29, 

22 2003. 

23 SEC. 749. (a) None of the funds made available in 

24 this Act may be used to implement, administer, or enforce 

25 the amendments made to section 515.565(b)(2) of title 31, 
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1 Code of Federal Regulations (relating to specific licenses 

2 for ‘‘people-to-people’’ educational exchanges), as pub3 lished in the Federal Register on March 24, 2003. 

4 (b) The limitation in subsection (a) shall not apply 

5 to the implementation, administration, or enforcement of 

6 515.560(c)(3) of title 31, Code of Federal Regulations. 

7 This Act may be cited as the ‘‘Transportation, Treas8 ury, and Independent Agencies Appropriations Act, 

9 2004’’.

10 That the following sums are appropriated, out of any 

11 money in the Treasury not otherwise appropriated, for the 

12 Departments of Transportation and Treasury, the Execu13 tive Office of the President, and certain independent agen14 cies for the fiscal year ending September 30, 2004, and for 

15 other purposes, namely: 

16 TITLE I 

17 DEPARTMENT OF TRANSPORTATION 

18 OFFICE OF THE SECRETARY

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of the Secretary, 

21 $91,276,000, of which not to exceed $2,500,000 shall be 

22 available for the immediate Office of the Secretary; not to 

23 exceed $706,000 shall be available for the immediate Office 

24 of the Deputy Secretary; not to exceed $15,403,000 shall be 

25 available for the Office of the General Counsel; not to exceed 
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1 $12,312,000 shall be available for the Office of the Under 

2 Secretary of Transportation for Policy; not to exceed 

3 $8,536,000 shall be available for the Office of the Assistant 

4 Secretary for Budget and Programs; not to exceed 

5 $2,477,000 shall be available for the Office of the Assistant 

6 Secretary for Governmental Affairs; not to exceed 

7 $28,882,000 shall be available for the Office of the Assistant 

8 Secretary for Administration; not to exceed $1,915,000 shall 

9 be available for the Office of Public Affairs; not to exceed 

10 $1,458,000 shall be available for the Office of the Executive 

11 Secretariat; not to exceed $700,000 shall be available for 

12 the Board of Contract Appeals; not to exceed $1,268,000 

13 shall be available for the Office of Small and Disadvantaged 

14 Business Utilization; not to exceed $1,792,000 for the Office 

15 of Intelligence and Security; and not to exceed $13,327,000 

16 shall be available for the Office of the Chief Information 

17 Officer: Provided, That the Secretary of Transportation is 

18 authorized to transfer funds appropriated for any office of 

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

20 of the Secretary: Provided further, That no appropriation 

21 for any office shall be increased or decreased by more than 

22 5 percent by all such transfers: Provided further, That any 

23 change in funding greater than 5 percent shall be submitted 

24 for approval to the House and Senate Committees on Ap25 propriations: Provided further, That not to exceed $60,000 
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1 shall be for allocation within the Department for official 

2 reception and representation expenses as the Secretary may 

3 determine: Provided further, That notwithstanding any 

4 other provision of law, excluding fees authorized in Public 

5 Law 107–71, there may be credited to this appropriation 

6 up to $2,500,000 in funds received in user fees: Provided 

7 further, That none of the funds provided in this Act shall 

8 be available for the position of Assistant Secretary for Pub9 lic Affairs. 

10 OFFICE OF CIVIL RIGHTS

11 For necessary expenses of the Office of Civil Rights, 

12 $8,569,000. 

13 TRANSPORTATION PLANNING, RESEARCH, AND

14 DEVELOPMENT

15 For necessary expenses for conducting transportation 

16 planning, research, systems development, development ac17 tivities, and making grants, to remain available until ex18 pended, $15,836,000. 

19 WORKING CAPITAL FUND

20 Necessary expenses for operating costs and capital out21 lays of the Working Capital Fund, not to exceed 

22 $116,715,000, shall be paid from appropriations made 

23 available to the Department of Transportation: Provided, 

24 That such services shall be provided on a competitive basis 

25 to entities within the Department of Transportation: Pro26 vided further, That the above limitation on operating ex-
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1 penses shall not apply to non-DOT entities: Provided fur2 ther, That no funds appropriated in this Act to an agency 

3 of the Department shall be transferred to the Working Cap4 ital Fund without the approval of the agency modal admin5 istrator: Provided further, That no assessments may be lev6 ied against any program, budget activity, subactivity or 

7 project funded by this Act unless notice of such assessments 

8 and the basis therefor are presented to the House and Senate 

9 Committees on Appropriations and are approved by such 

10 Committees. 

11 MINORITY BUSINESS RESOURCE CENTER PROGRAM

12 For the cost of guaranteed loans, $500,000, as author13 ized by 49 U.S.C. 332: Provided, That such costs, including 

14 the cost of modifying such loans, shall be as defined in sec15 tion 502 of the Congressional Budget Act of 1974: Provided 

16 further, That these funds are available to subsidize total 

17 loan principal, any part of which is to be guaranteed, not 

18 to exceed $18,367,000. In addition, for administrative ex19 penses to carry out the guaranteed loan program, $400,000. 

20 MINORITY BUSINESS OUTREACH

21 For necessary expenses of Minority Business Resource 

22 Center outreach activities, $3,000,000, to remain available 

23 until September 30, 2005: Provided, That notwithstanding 

24 49 U.S.C. 332, these funds may be used for business oppor25 tunities related to any mode of transportation. 
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1 PAYMENTS TO AIR CARRIERS

2 (AIRPORTAND AIRWAY TRUSTFUND)

3 In addition to funds made available from any other 

4 source to carry out the essential air service program under 

5 49 U.S.C. 41731 through 41742, $52,000,000, to be derived 

6 from the Airport and Airway Trust Fund, to remain avail7 able until expended. 

8 FEDERAL AVIATION ADMINISTRATION

9 OPERATIONS

10 For necessary expenses of the Federal Aviation Admin11 istration, not otherwise provided for, including operations 

12 and research activities related to commercial space trans13 portation, administrative expenses for research and develop14 ment, establishment of air navigation facilities, the oper15 ation (including leasing) and maintenance of aircraft, sub16 sidizing the cost of aeronautical charts and maps sold to 

17 the public, lease or purchase of passenger motor vehicles for 

18 replacement only, in addition to amounts made available 

19 by Public Law 104–264, $7,535,648,000, of which 

20 $6,000,000,000 shall be derived from the Airport and Air21 way Trust Fund, of which not to exceed $6,047,300,000 

22 shall be available for air traffic services program activities; 

23 not to exceed $873,374,000 shall be available for aviation 

24 regulation and certification program activities; not to ex25 ceed $218,481,000 shall be available for research and acqui26 sition program activities; not to exceed $12,601,000 shall 
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1 be available for commercial space transportation program 

2 activities; not to exceed $49,783,000 shall be available for 

3 financial services program activities; not to exceed 

4 $77,029,000 shall be available for human resources program 

5 activities; not to exceed $84,749,000 shall be available for 

6 regional coordination program activities; not to exceed 

7 $142,650,000 shall be available for staff offices; and not to 

8 exceed $29,681,000 shall be available for information serv9 ices: Provided, That none of the funds in this Act shall be 

10 available for the Federal Aviation Administration to final11 ize or implement any regulation that would promulgate 

12 new aviation user fees not specifically authorized by law 

13 after the date of the enactment of this Act: Provided further, 

14 That there may be credited to this appropriation funds re15 ceived from States, counties, municipalities, foreign au16 thorities, other public authorities, and private sources, for 

17 expenses incurred in the provision of agency services, in18 cluding receipts for the maintenance and operation of air 

19 navigation facilities, and for issuance, renewal or modifica20 tion of certificates, including airman, aircraft, and repair 

21 station certificates, or for tests related thereto, or for proc22 essing major repair or alteration forms: Provided further, 

23 That of the funds appropriated under this heading, not less 

24 than $6,500,000 shall be for the contract tower cost-sharing 

25 program: Provided further, That funds may be used to enter 
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1 into a grant agreement with a nonprofit standard-setting 

2 organization to assist in the development of aviation safety 

3 standards: Provided further, That none of the funds in this 

4 Act shall be available for new applicants for the second ca5 reer training program: Provided further, That none of the 

6 funds in this Act shall be available for paying premium 

7 pay under 5 U.S.C. 5546(a) to any Federal Aviation Ad8 ministration employee unless such employee actually per9 formed work during the time corresponding to such pre10 mium pay: Provided further, That none of the funds in this 

11 Act may be obligated or expended to operate a manned aux12 iliary flight service station in the contiguous United States: 

13 Provided further, That none of the funds in this Act for 

14 aeronautical charting and cartography are available for ac15 tivities conducted by, or coordinated through, the Working 

16 Capital Fund: Provided further, That of the amount appro17 priated under this heading, not to exceed $50,000 may be 

18 transferred to the Aircraft Loan Purchase Guarantee Pro19 gram. 

20 FACILITIES AND EQUIPMENT

21 (AIRPORTAND AIRWAY TRUSTFUND)

22 For necessary expenses, not otherwise provided for, for 

23 acquisition, establishment, technical support services, im24 provement by contract or purchase, hire of air navigation 

25 and experimental facilities and equipment and other cap26 ital facilities and equipment in direct support of the Na-
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1 tional Airspace System, as authorized under part A of sub2 title VII of title 49, United States Code, including initial 

3 acquisition of necessary sites by lease or grant; engineering 

4 and service testing, including construction of test facilities 

5 and acquisition of necessary sites by lease or grant; con6 struction and furnishing of quarters and related accom7 modations for officers and employees of the Federal Avia8 tion Administration stationed at remote localities where 

9 such accommodations are not available; and the purchase, 

10 lease, or transfer of aircraft from funds available under this 

11 heading; to be derived from the Airport and Airway Trust 

12 Fund, $2,916,000,000, of which $2,480,520,000 shall re13 main available until September 30, 2006, and of which 

14 $435,480,000 shall remain available until September 30, 

15 2004: Provided, That of the total amount made available 

16 under this heading, $100,000,000 shall be transferred to the 

17 heading ‘‘Grants-in-Aid for Airports’’ and shall not be sub18 ject to the obligation limitation stated therein and shall re19 main available until expended: Provided further, That there 

20 may be credited to this appropriation funds received from 

21 States, counties, municipalities, other public authorities, 

22 and private sources, for expenses incurred in the establish23 ment and modernization of air navigation facilities: Pro24 vided further, That upon initial submission to the Congress 

25 of the fiscal year 2005 President’s budget, the Secretary of 
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1 Transportation shall transmit to the Congress a comprehen2 sive capital investment plan for the Federal Aviation Ad3 ministration which includes funding for each budget line 

4 item for fiscal years 2005 through 2009, with total funding 

5 for each year of the plan constrained to the funding targets 

6 for those years as estimated and approved by the Office of 

7 Management and Budget. 

8 RESEARCH, ENGINEERING, AND DEVELOPMENT

9 (AIRPORTAND AIRWAY TRUSTFUND)

10 For necessary expenses, not otherwise provided for, for 

11 research, engineering, and development, as authorized 

12 under part A of subtitle VII of title 49, United States Code, 

13 including construction of experimental facilities and acqui14 sition of necessary sites by lease or grant, $118,939,000, to 

15 be derived from the Airport and Airway Trust Fund and 

16 to remain available until September 30, 2006: Provided, 

17 That there may be credited to this appropriation funds re18 ceived from States, counties, municipalities, other public 

19 authorities, and private sources, for expenses incurred for 

20 research, engineering, and development. 

21 GRANTS-IN-AID FOR AIRPORTS

22 (LIQUIDATION OF CONTRACT AUTHORIZATION)

23 (LIMITATION ON OBLIGATIONS)

24 (AIRPORTAND AIRWAY TRUSTFUND)

25 For liquidation of obligations incurred for grants-in26 aid for airport planning and development, and noise com-
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1 patibility planning and programs as authorized under sub2 chapter I of chapter 471 and subchapter I of chapter 475 

3 of title 49, United States Code, and under other law author4 izing such obligations; for procurement, installation, and 

5 commissioning of runway incursion prevention devices and 

6 systems at airports of such title; for grants authorized under 

7 section 41743 of title 49, United States Code; and for in8 spection activities and administration of airport safety pro9 grams, including those related to airport operating certifi10 cates under section 44706 of title 49, United States Code, 

11 $3,400,000,000, to be derived from the Airport and Airway 

12 Trust Fund and to remain available until expended: Pro13 vided, That none of the funds under this heading shall be 

14 available for the planning or execution of programs the obli15 gations for which are in excess of $3,400,000,000 in fiscal 

16 year 2004, notwithstanding section 47117(g) of title 49, 

17 United States Code: Provided further, That none of the 

18 funds under this heading shall be available for the replace19 ment of baggage conveyor systems, reconfiguration of ter20 minal baggage areas, or other airport improvements that 

21 are necessary to install bulk explosive detection systems: 

22 Provided further, That notwithstanding any other provision 

23 of law, not more than $66,638,000 of funds limited under 

24 this heading shall be obligated for administration and not 
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1 less than $20,000,000 shall be for the Small Community 

2 Air Service Development Pilot Program. 

3 AVIATION INSURANCE REVOLVING FUND

4 The Secretary of Transportation is hereby authorized 

5 to make such expenditures and investments, within the lim6 its of funds available pursuant to 49 U.S.C. 44307, and 

7 in accordance with section 104 of the Government Corpora8 tion Control Act, as amended (31 U.S.C. 9104), as may 

9 be necessary in carrying out the program for aviation in10 surance activities under chapter 443 of title 49, United 

11 States Code. 

12 GENERAL PROVISIONS—FEDERAL AVIATION

13 ADMINISTRATION

14 SEC. 101. Notwithstanding any other provision of law, 

15 airports may transfer, without consideration, to the Federal 

16 Aviation Administration (FAA) instrument landing sys17 tems (along with associated approach lighting equipment 

18 and runway visual range equipment) which conform to 

19 FAA design and performance specifications, the purchase 

20 of which was assisted by a Federal airport-aid program, 

21 airport development aid program or airport improvement 

22 program grant: Provided, That, the Federal Aviation Ad23 ministration shall accept such equipment, which shall there24 after be operated and maintained by FAA in accordance 

25 with agency criteria. 
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1 SEC. 102. None of the funds in this Act may be used 

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

3 the federally funded research and development center con4 tract between the Federal Aviation Administration and the 

5 Center for Advanced Aviation Systems Development during 

6 fiscal year 2004. 

7 SEC. 103. None of the funds in this Act shall be used 

8 to pursue or adopt guidelines or regulations requiring air9 port sponsors to provide to the Federal Aviation Adminis10 tration without cost building construction, maintenance, 

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

12 buildings for services relating to air traffic control, air 

13 navigation, or weather reporting: Provided, That the prohi14 bition of funds in this section does not apply to negotiations 

15 between the agency and airport sponsors to achieve agree16 ment on ‘‘below-market’’ rates for these items or to grant 

17 assurances that require airport sponsors to provide land 

18 without cost to the FAA for air traffic control. 

19 SEC. 104. For an airport project that the Adminis20 trator of the Federal Aviation Administration (FAA) deter21 mines will add critical airport capacity to the national air 

22 transportation system, the Administrator is authorized to 

23 accept funds from an airport sponsor, including entitlement 

24 funds provided under the ‘‘Grants-in-Aid for Airports’’ pro25 gram, for the FAA to hire additional staff or obtain the 
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1 services of consultants: Provided, That the Administrator 

2 is authorized to accept and utilize such funds only for the 

3 purpose of facilitating the timely processing, review, and 

4 completion of environmental activities associated with such 

5 project. 

6 SEC. 105. The Federal Aviation Administration shall 

7 give priority consideration to Paulding County, Georgia 

8 Airport Improvements for the Airport Improvement Pro9 gram. 

10 SEC. 106. None of the funds appropriated or otherwise 

11 made available by this Act may be obligated or expended 

12 to establish or implement a pilot program under which not 

13 more than 10 designated essential air service communities 

14 located in proximity to hub airports are required to assume 

15 10 percent of their essential air subsidy costs for a 4-year 

16 period, commonly referred to as the EAS local participation 

17 program. 

18 SEC. 107. The Administrator of the Federal Aviation 

19 Administration may, for purposes of chapter 471 of title 

20 49, United States Code, give priority consideration to a let21 ter of intent application for funding submitted by the City 

22 of Gary, Indiana, or the State of Indiana, for the extension 

23 of the main runway at the Gary/Chicago Airport. The letter 

24 of intent application shall be considered upon completion 

25 of the environmental impact statement and benefit cost 
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1 analysis in accordance with Federal Aviation Administra2 tion requirements. The Administrator shall consider the let3 ter of intent application not later than 90 days after receiv4 ing it from the applicant. 

5 SEC. 108. None of the funds in this Act may be used 

6 to adopt rules or regulations concerning travel agent service 

7 fees unless the Department of Transportation publishes in 

8 the Federal Register revisions to the proposed rule and pro9 vides a period for additional public comment on such pro10 posed rule for a period not less than 60 days. 

11 SEC. 109. It is the sense of the Senate that the Sec12 retary of Transportation must, in connection with the 

13 Philadelphia International Airport Capacity Enhancement 

14 Program, consider the impact of aircraft noise on northern 

15 Delaware—

16 (1) within the scope of the environmental impact 

17 statement prepared in connection with the Program; 

18 and 

19 (2) as part of any study of aircraft noise re20 quired under the National Environmental Protection 

21 Act of 1969 and conducted pursuant to part 150 of 

22 title 14, Code of Federal Regulations, or any successor 

23 regulations. 

24 SEC. 110. Of the total amount appropriated under this 

25 title for the Federal Aviation Administration under the 
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1 heading ‘‘FACILITIES AND EQUIPMENT’’, $2,000,000 shall be 

2 available for air traffic control facilities, John C. Stennis 

3 International Airport, Hancock County, Mississippi. 

4 FEDERAL HIGHWAY ADMINISTRATION

5 LIMITATION ON ADMINISTRATIVE EXPENSES

6 Necessary expenses for administration and operation 

7 of the Federal Highway Administration, not to exceed 

8 $337,834,000, shall be paid in accordance with law from 

9 appropriations made available by this Act to the Federal 

10 Highway Administration together with advances and reim11 bursements received by the Federal Highway Administra12 tion: Provided, That of the funds available under section 

13 104(a)(1)(A) of title 23, United States Code: $20,000,000 

14 shall be available to provide grants to States for the develop15 ment or enhancement of notification or communications 

16 systems along highways for alerts and other information 

17 for the recovery of abducted children under section 303 of 

18 Public Law 108–21; $175,000,000 shall be available to en19 able the Secretary of Transportation to make grants for sur20 face transportation projects, and shall remain available 

21 until expended; $7,000,000 shall be available for environ22 mental streamlining activities, which may include making 

23 grants to, or entering into contracts, cooperative agree24 ments, and other transactions, with a Federal agency, State 
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1 agency, local agency, authority, association, nonprofit or 

2 for-profit corporation, or institution of higher education. 

3 FEDERAL-AID HIGHWAYS

4 (LIMITATION ON OBLIGATIONS)

5 (HIGHWAY TRUST FUND)

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

7 the implementation or execution of programs, the obliga8 tions for which are in excess of $33,843,000,000 for Federal9 aid highways and highway safety construction programs for 

10 fiscal year 2004: Provided, That within the $33,843,000,000 

11 obligation limitation on Federal-aid highways and highway 

12 safety construction programs, not more than $462,500,000 

13 shall be available for the implementation or execution of 

14 programs for transportation research (sections 502, 503, 

15 504, 506, 507, and 508 of title 23, United States Code, as 

16 amended; section 5505 of title 49, Unites States Code, as 

17 amended; and sections 5112 and 5204–5209 of Public Law 

18 105–178) for fiscal year 2003: Provided further, That this 

19 limitation on transportation research programs shall not 

20 apply to any authority previously made available for obli21 gation: Provided further, That within the $232,000,000 ob22 ligation limitation on Intelligent Transportation Systems, 

23 the following sums shall be made available for Intelligent 

24 Transportation System projects that are designed to achieve 

25 the goals and purposes set forth in section 5203 of the Intel26 ligent Transportation Systems Act of 1998 (subtitle C of 
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1 title V of Public Law 105–178; 112 Stat. 453; 23 U.S.C. 

2 502 note) in the following specified areas: 

3 511 Traveler Information Program, North Caro4 lina, $400,000; 

5 Advanced Ticket Collection and Passenger Infor6 mation Systems, New Jersey, $1,500,000; 

7 Advanced Traffic Analysis Center, North Dakota, 

8 $500,000; 

9 Advanced Transportation Management Systems 

10 (AMTS), Montgomery County, Maryland, $1,000,000; 

11 ATR Transportation Technology/CVISN, New 

12 Mexico, $1,000,000; 

13 Auburn, Auburn Way South ITS, Washington, 

14 $1,600,000; 

15 Cargo Watch Logistics Information System, New 

16 York, $4,000,000; 

17 CCTA Intelligent Transportation Systems, 

18 Vermont, $1,000,000; 

19 Central Florida Regional Transportation Au20 thority: North Orange/South Seminole ITS Enhanced 

21 Circulator, $2,500,000; 

22 City of Boston Intelligent Transportation Sys23 tems, Massachusetts, $1,750,000; 

24 City of Huntsville, Alabama ITS, $5,000,000; 
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1 City of Shreveport Intelligent Transportation 

2 System Deployment, Louisiana, $1,000,000; 

3 Clark County Transit, VAST ITS, Washington, 

4 $1,600,000; 

5 Dynamic Changeable Message Signs—Urban 

6 Interstate System, Iowa, $1,000,000; 

7 Fiber Optic Signal Interconnect System, Ari8 zona, $4,000,000; 

9 Germantown Parkway ITS Project, Tennessee, 

10 $3,000,000; 

11 GMU ITS, Virginia, $1,000,000

12 George Washington University, Virginia Cam13 pus, $1,000,000

14 Great Lakes ITS, Michigan, $2,000,000; 

15 Greater Philadelphia Chamber of Commerce ITS 

16 System, Pennsylvania, $2,000,000; 

17 Hillsborough Area Regional Transit Bus Track18 ing, Communication and Security, Florida, 

19 $1,000,000; 

20 Hoosier SAFE–T, Indiana, $3,500,000; 

21 I–70 Incident Management Plan, Colorado, 

22 $3,000,000; 

23 Intelligent Transportation Systems—Phases II 

24 and III, Ohio, $1,250,000; 
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1 Intelligent Transportation Systems [ITS] State2 wide and Commercial Vehicle Information Systems 

3 Network [CVISN], Maryland, $1,000,000; 

4 Intelligent Transportation Systems, Illinois, 

5 $4,000,000; 

6 Iowa Transit Communications, $1,500,000; 

7 ITS Expansion in Davis and Utah Counties, 

8 Utah, $1,250,000; 

9 ITS, Cache Valley, Utah, $1,000,000; 

10 Jacksonville Transportation Authority: Intel11 ligent Transportation Systems Regional Planning, 

12 Florida, $1,000,000; 

13 King County, Countywide Signaling Program, 

14 Washington, $1,500,000; 

15 Lewis & Clark 511 Coalition, Montana, 

16 $1,000,000; 

17 Lincoln, Nebraska StarTran Automatic Vehicle 

18 Location System, $1,000,000; 

19 Maine Statewide ITS, $1,000,000; 

20 MARTA Automated Fare Collection/Smart Card 

21 System, Georgia, $1,500,000; 

22 Mid-America Surface Transportation Weather 

23 Research Institute, North Dakota, $1,000,000; 

24 Missouri Statewide Rural ITS, $5,000,000; 
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1 Nebraska Statewide Intelligent Transportation 

2 System Deployment, $2,000,000; 

3 Oklahoma Statewide ITS, $5,000,000; 

4 Port of Anchorage Intermodal Facility, Alaska, 

5 $1,500,000; 

6 Program of Projects, Washington, $5,400,000; 

7 RIPTA ITS Program Phase II, Rhode Island, 

8 $1,500,000; 

9 Real Time Transit Passenger Information Sys10 tem for the Prince George’s County Department of 

11 Public Works, Maryland, $1,000,000; 

12 Sacramento Area Council of Governments—ITS 

13 Projects, California, $4,000,000; 

14 SCDOT InRoads, South Carolina, $3,000,000; 

15 Seattle City Center ITS, Washington, 

16 $2,500,000; 

17 Springfield, Missouri Regional ITS, $2,000,000; 

18 State of Vermont Interstate Variable Message 

19 Signs and Weather Information Stations, $1,000,000; 

20 Statewide AVL Initiative, Nebraska, $750,000; 

21 TalTran: ITS Smart Bus Implementation, Flor22 ida, $1,500,000; 

23 Texas Medical Center Early Warning Transpor24 tation System, $2,000,000; 
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1 Texas Statewide ITS Deployment and Integra2 tion, $1,000,000; 

3 Town of Cary: Computerized Traffic Signal Sys4 tem Project, North Carolina, $1,600,000; 

5 Transportation Research Center [TRC] for 

6 Freight, Trade, Security, and Economic Strength, 

7 Georgia, $1,000,000; 

8 Tri-County Automated System Project, Univer9 sity of Southern Mississippi, $1,000,000; 

10 Tukwila, Signalization Interconnect and Intel11 ligent Transportation, Washington, $1,400,000; 

12 Twin Cities, Minnesota Redundant Communica13 tions Pilot, $2,000,000; 

14 UAB Center for Injury Sciences, Birmingham, 

15 Alabama, $2,000,000; 

16 University of Alaska Transportation Research 

17 Center, $2,000,000; 

18 University of Kentucky Transportation Center, 

19 $1,500,000; 

20 University of Oklahoma Intelligent Bridge Sys21 tem Research, $3,000,000; 

22 Wisconsin State Patrol Mobile Data Computer 

23 Network Phase II, $3,000,000; 

24 Wyoming Statewide ITS Initiative, $5,000,000. 
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1 FEDERAL-AID HIGHWAYS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (HIGHWAY TRUST FUND)

4 Notwithstanding any other provision of law, for car5 rying out the provisions of title 23, United States Code, 

6 that are attributable to Federal-aid highways, including the 

7 National Scenic and Recreational Highway as authorized 

8 by 23 U.S.C. 148, not otherwise provided, including reim9 bursement for sums expended pursuant to the provisions of 

10 23 U.S.C. 308, $34,000,000,000 or so much thereof as may 

11 be available in and derived from the Highway Trust Fund, 

12 to remain available until expended. 

13 (RESCISSION)

14 Of the unobligated balances of funds apportioned to 

15 each state under the program authorized under sections 

16 1101(a)(1), 1101(a)(2), 1101(a)(3), 1101(a)(4), and 

17 1101(a)(5) of Public Law 105–178, as amended, 

18 $156,000,000 are rescinded. 

19 APPALACHIAN DEVELOPMENTHIGHWAY SYSTEM

20 For necessary expenses for the Appalachian Develop21 ment Highway System as authorized under section 1069(y) 

22 of Public Law 102–240, as amended, $150,000,000, to re23 main available until expended. 
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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 ad7 ministrative expenses and programs funded from the 

8 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 Bureau 

11 of Transportation Statistics; 

12 (2) not distribute an amount from the obligation 

13 limitation for Federal-aid Highways that is equal to 

14 the unobligated balance of amounts made available 

15 from the Highway Trust Fund (other than the Mass 

16 Transit Account) for Federal-aid highways and high17 way safety programs for the previous fiscal year the 

18 funds for which are allocated by the Secretary; 

19 (3) determine the ratio that—

20 (A) the obligation limitation for Federal-aid 

21 Highways less the aggregate of amounts not dis22 tributed under paragraphs (1) and (2), bears to 

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

24 appropriated for Federal-aid highways and high25 way safety construction programs (other than 
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1 sums authorized to be appropriated for sections 

2 set forth in paragraphs (1) through (7) of sub3 section (b) and sums authorized to be appro4 priated for section 105 of title 23, United States 

5 Code, equal to the amount referred to in sub6 section (b)(8)) for such fiscal year less the aggre7 gate of the amounts not distributed under para8 graph (1) of this subsection; 

9 (4) distribute the obligation limitation for Fed10 eral-aid Highways less the aggregate amounts not dis11 tributed under paragraphs (1) and (2) for section 201 

12 of the Appalachian Regional Development Act of 1965 

13 and $2,000,000,000 for such fiscal year under section 

14 105 of title 23, United States Code (relating to min15 imum guarantee) so that the amount of obligation au16 thority available for each of such sections is equal to 

17 the amount determined by multiplying the ratio de18 termined under paragraph (3) by the sums authorized 

19 to be appropriated for such section (except in the case 

20 of section 105, $2,000,000,000) for such fiscal year; 

21 (5) distribute the obligation limitation provided 

22 for Federal-aid Highways less the aggregate amounts 

23 not distributed under paragraphs (1) and (2) and 

24 amounts distributed under paragraph (4) for each of 

25 the programs that are allocated by the Secretary 
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1 under title 23, United States Code (other than activi2 ties to which paragraph (1) applies and programs to 

3 which paragraph (4) applies) by multiplying the 

4 ratio determined under paragraph (3) by the sums 

5 authorized to be appropriated for such program for 

6 such fiscal year; and 

7 (6) distribute the obligation limitation provided 

8 for Federal-aid Highways less the aggregate amounts 

9 not distributed under paragraphs (1) and (2) and 

10 amounts distributed under paragraphs (4) and (5) for 

11 Federal-aid highways and highway safety construc12 tion programs (other than the minimum guarantee 

13 program, but only to the extent that amounts appor14 tioned for the minimum guarantee program for such 

15 fiscal year exceed $2,639,000,000, and the Appa16 lachian development highway system program) that 

17 are apportioned by the Secretary under title 23, 

18 United States Code, in the ratio that—

19 (A) sums authorized to be appropriated for 

20 such programs that are apportioned to each 

21 State for such fiscal year, bear to 

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

23 appropriated for such programs that are appor24 tioned to all States for such fiscal year. 
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1 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.—

2 The obligation limitation for Federal-aid Highways shall 

3 not apply to obligations: (1) under section 125 of title 23, 

4 United States Code; (2) under section 147 of the Surface 

5 Transportation Assistance Act of 1978; (3) under section 

6 9 of the Federal-Aid Highway Act of 1981; (4) under sec7 tions 131(b) and 131(j) of the Surface Transportation As8 sistance Act of 1982; (5) under sections 149(b) and 149(c) 

9 of the Surface Transportation and Uniform Relocation As10 sistance Act of 1987; (6) under sections 1103 through 1108 

11 of the Intermodal Surface Transportation Efficiency Act of 

12 1991; (7) under section 157 of title 23, United States Code, 

13 as in effect on the day before the date of the enactment of 

14 the Transportation Equity Act for the 21st Century; (8) 

15 under section 105 of title 23, United States Code (but, only 

16 in an amount equal to $639,000,000 for such fiscal year); 

17 and for Federal-aid highway programs for which obligation 

18 authority was made available under the Transportation 

19 Equity Act for the 21st Century or subsequent public laws 

20 for multiple years or to remain available until used, but 

21 only to the extent that such obligation authority has not 

22 lapsed or been used. 

23 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU24 THORITY.—Notwithstanding subsection (a), the Secretary 

25 shall after August 1 for such fiscal year revise a distribution 
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1 of the obligation limitation made available under subsection 

2 (a) if a State will not obligate the amount distributed dur3 ing that fiscal year and redistribute sufficient amounts to 

4 those States able to obligate amounts in addition to those 

5 previously distributed during that fiscal year giving pri6 ority to those States having large unobligated balances of 

7 funds apportioned under sections 104 and 144 of title 23, 

8 United States Code, section 160 (as in effect on the day 

9 before the enactment of the Transportation Equity Act for 

10 the 21st Century) of title 23, United States Code, and under 

11 section 1015 of the Intermodal Surface Transportation Effi12 ciency Act of 1991 (105 Stat. 1943–1945). 

13 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

14 TRANSPORTATION RESEARCH PROGRAMS.—The obligation 

15 limitation shall apply to transportation research programs 

16 carried out under chapter 5 of title 23, United States Code, 

17 except that obligation authority made available for such 

18 programs under such limitation shall remain available for 

19 a period of 3 fiscal years. 

20 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

21 FUNDS.—Not later than 30 days after the date of the dis22 tribution of obligation limitation under subsection (a), the 

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

24 are authorized to be appropriated for such fiscal year for 

25 Federal-aid highways programs (other than the program 
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1 under section 160 of title 23, United States Code) and for 

2 carrying out subchapter I of chapter 311 of title 49, United 

3 States Code, and highway-related programs under chapter 

4 4 of title 23, United States Code; and (2) that the Secretary 

5 determines will not be allocated to the States, and will not 

6 be available for obligation, in such fiscal year due to the 

7 imposition of any obligation limitation for such fiscal year. 

8 Such distribution to the States shall be made in the same 

9 ratio as the distribution of obligation authority under sub10 section (a)(6). The funds so distributed shall be available 

11 for any purposes described in section 133(b) of title 23, 

12 United States Code. 

13 (f) SPECIAL RULE.—Obligation limitation distributed 

14 for a fiscal year under subsection (a)(4) of this section for 

15 a section set forth in subsection (a)(4) shall remain avail16 able until used and shall be in addition to the amount of 

17 any limitation imposed on obligations for Federal-aid high18 way and highway safety construction programs for future 

19 fiscal years. 

20 (g) Of the obligation limitation transferred to the Na21 tional Highway Traffic Safety Administration for expenses 

22 necessary to discharge the functions of the Secretary with 

23 respect to traffic and highway safety under chapter 301 of 

24 title 49, United States Code, and part C of subtitle VI of 
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1 title 49, United States Code, $94,543,500 shall remain 

2 available until September 30, 2006. 

3 SEC. 111. Notwithstanding any other provision of law, 

4 whenever an allocation is made of the sums authorized to 

5 be appropriated for expenditure on the Federal lands high6 way program, and whenever an apportionment is made of 

7 the sums authorized to be appropriated for expenditure on 

8 the surface transportation program, the congestion mitiga9 tion and air quality improvement program, the National 

10 Highway System, the Interstate maintenance program, the 

11 bridge program, the Appalachian development highway sys12 tem, and the minimum guarantee program, the Secretary 

13 of Transportation shall—

14 (1) deduct a sum in such amount not to exceed 

15 2.55 percent of all sums so made available, as the 

16 Secretary determines necessary, to administer the 

17 provisions of law to be financed from appropriations 

18 for motor carrier safety programs and motor carrier 

19 safety research: Provided, That any deduction by the 

20 Secretary of Transportation in accordance with this 

21 subsection shall be deemed to be a deduction under 

22 section 104(a)(1)(B) of title 23, United States Code, 

23 and the sum so deducted shall remain available until 

24 expended; and 
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1 (2) deduct a sum in such amount not to exceed 

2 1.05 percent of all sums so made available, as the 

3 Secretary determines necessary to administer the pro4 visions of law to be financed from appropriations for 

5 the programs authorized under chapters 1 and 2 of 

6 title 23, United States Code, and to make transfers in 

7 accordance with section 104(a)(1)(A)(ii) of title 23, 

8 United States Code: Provided, That any deduction by 

9 the Secretary of Transportation in accordance with 

10 this subsection shall be deemed to be a deduction 

11 under section 104(a)(1)(A) of title 23, United States 

12 Code, and the sum so deducted shall remain available 

13 until expended. 

14 SEC. 112. Notwithstanding 31 U.S.C. 3302, funds re15 ceived by the Bureau of Transportation Statistics from the 

16 sale of data products, for necessary expenses incurred pur17 suant to 49 U.S.C. 111 may be credited to the Federal-aid 

18 highways account for the purpose of reimbursing the Bu19 reau for such expenses: Provided, That such funds shall be 

20 subject to the obligation limitation for Federal-aid high21 ways and highway safety construction. 

22 SEC. 113. For fiscal year 2004, notwithstanding any 

23 other provision of law, historic covered bridges eligible for 

24 Federal assistance under section 1224 of the Transportation 

25 Equity Act for the 21st Century, as amended, may be fund-
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1 ed from amounts set aside for the discretionary bridge pro2 gram. 

3 SEC. 114. (a) IN GENERAL.—As soon as practicable 

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

5 Transportation shall enter into an agreement with the State 

6 of Nevada, the State of Arizona, or both, to provide a meth7 od of funding for construction of a Hoover Dam Bypass 

8 Bridge from funds allocated for the Federal Lands Highway 

9 Program under section 202(b) of title 23, United States 

10 Code. 

11 (b) METHODS OF FUNDING.—

12 (1) The agreement entered into under subsection 

13 (a) shall provide for funding in a manner consistent 

14 with the advance construction and debt instrument fi15 nancing procedures for Federal-aid highways set forth 

16 in section 115 and 122 of title 23, except that the 

17 funding source may include funds made available 

18 under the Federal Lands Highway Program. 

19 (2) Eligibility for funding under this subsection 

20 shall not be construed as a commitment, guarantee, or 

21 obligation on the part of the United States to provide 

22 for payment of principal or interest of an eligible 

23 debt financing instrument as so defined in section 

24 122, nor create a right of a third party against the 

25 United States for payment under an eligible debt fi-
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1 nancing instrument. The agreement entered into pur2 suant to subsection (a) shall make specific reference to 

3 this provision of law. 

4 (3) The provisions of this section do not limit the 

5 use of other available funds for which the project ref6 erenced in subsection (a) is eligible. 

7 SEC. 115. Section 1108 of the Intermodal Surface 

8 Transportation Efficiency Act of 1991, item number 8, is 

9 amended by striking ‘‘To relocate’’ and all that follows 

10 through ‘‘Street’’ and inserting the following, ‘‘For road im11 provements and non-motorized enhancements in the Detroit 

12 East Riverfront, Detroit, Michigan’’. 

13 SEC. 116. The funds provided under the heading 

14 ‘‘Transportation and Community and System Preservation 

15 Program’’ in Conference Report 106–940 for the Lodge 

16 Freeway pedestrian overpass, Detroit, Michigan, shall be 

17 transferred to, and made available for, enhancements in the 

18 East Riverfront, Detroit, Michigan. 

19 SEC. 117. The funds provided under the heading 

20 ‘‘Transportation and Community and System Preservation 

21 Program’’ in Conference Report 107–308 for the Eastern 

22 Market pedestrian overpass park, shall be transferred to, 

23 and made available for, enhancements in the East River24 front, Detroit, Michigan. 
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1 SEC. 118. KANSAS RECREATION AREAS. Any unex2 pended balances of the amounts made available by the Con3 solidated Appropriations Resolution, 2003 (Public Law 

4 108–7) from the Federal-aid highway account for improve5 ments to Council Grove Lake, Kansas, shall be available 

6 to make improvements to Richey Cove, Santa Fe Recreation 

7 Area, Canning Creek Recreation Area, and other areas in 

8 the State of Kansas. 

9 SEC. 119. Of the amounts made available under this 

10 title under the heading ‘‘FEDERAL-AID HIGHWAYS’’ for 

11 Texas Statewide ITS Deployment and Integration—

12 (1) $500,000 shall be made available for the de13 ployment and implementation of an Intelligent 

14 Transportation System project at Port of Galveston, 

15 Texas; and 

16 (2) $500,000 shall be made available for the de17 ployment and implementation of an Intelligent 

18 Transportation System project at City of Lubbock, 

19 Texas. 

20 SEC. 120. EXTENSION OF RESEARCH PROJECTS

21 UNDER TEA–21. For fiscal year 2004 only, the Federal 

22 Highway Administration is instructed to extend and fund 

23 current research projects under title V of TEA–21 through 

24 February 29, 2004. 
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1 SEC. 121. Of the amount appropriated or otherwise 

2 made available for Transportation, Planning, and Re3 search, $850,000 shall be available for interior air quality 

4 demonstration activities at the Bristol, Virginia, control fa5 cility to evaluate standard industrial fuel system perform6 ance and efficiency with drive-by-wire engine management 

7 and emissions systems and $1,000,000 shall be available for 

8 the Market Street enhancement project in Burlington, 

9 Vermont. 

10 SEC. 122. Of the funds made available or limited in 

11 this Act, $3,000,000 shall be available for improvements to 

12 Bowman Road and Johnnie Dodds Boulevard, Highway 

13 17, Mt. Pleasant, South Carolina; $1,000,000 shall be for 

14 the Arkwright Connector and no funds shall be available 

15 for the Northwest Bypass project. 

16 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

17 MOTOR CARRIER SAFETY

18 LIMITATION ON ADMINISTRATIVE EXPENSES

19 (HIGHWAY TRUST FUND)

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses for administration of motor 

22 carrier safety programs and motor carrier safety research, 

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

24 Code, not to exceed $292,972,233 shall be paid in accord25 ance with law from appropriations made available by this 

26 Act and from any available take-down balances to the Fed-
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1 eral Motor Carrier Safety Administration, together with 

2 advances and reimbursements received by the Federal Motor 

3 Carrier Safety Administration: Provided, That such 

4 amounts shall be available to carry out the functions and 

5 operations of the Federal Motor Carrier Safety Administra6 tion: Provided further, That notwithstanding any other pro7 vision of law, $11,744,000 of the funds made available 

8 under this heading shall be transferred to and merged with 

9 funding provided for grants to the States for implementa10 tion of section 210 of Public Law 106–159 under ‘‘Federal 

11 Motor Carrier Safety Administration, Motor Carrier Safety 

12 Assistance Program’’: Provided further, That of the funds 

13 made available under this heading, $47,000,000 shall be 

14 available for the border enforcement program as authorized 

15 under section 350 of the Department of Transportation and 

16 Related Agencies Appropriations Act, 2002. 

17 NATIONAL MOTOR CARRIER SAFETY PROGRAM

18 (LIQUIDATION OF CONTRACT AUTHORIZATION)

19 (LIMITATION ON OBLIGATIONS)

20 (HIGHWAY TRUST FUND)

21 Notwithstanding any other provision of law, for pay22 ment of obligations incurred in carrying out 49 U.S.C. 

23 31102, 31106 and 31309, $190,000,000, to be derived from 

24 the Highway Trust Fund and to remain available until ex25 pended: Provided, That none of the funds in this Act shall 

26 be available for the implementation or execution of pro-
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1 grams the obligations for which are in excess of 

2 $190,000,000 for ‘‘Motor Carrier Safety Grants’’, and ‘‘In3 formation Systems’’. 

4 GENERAL PROVISION—MOTOR CARRIER SAFETY

5 ADMINISTRATION

6 SEC. 130. None of the funds appropriated or made 

7 available by this Act shall be used to implement or enforce 

8 any provision of the Final Rule issued on April 16, 2003 

9 (Docket No. FMCSA–97–2350) as it may apply to operators 

10 of utility service vehicles as defined in 49 C.F.R. 395.2. 

11 SEC. 131. No funds appropriated or otherwise made 

12 available by this Act may be used to implement or enforce 

13 any provisions of the Final Rule, issued on April 16, 2003 

14 (Docket No. FMCSA–97–2350), with respect to either of the 

15 following: 

16 (1) The operators of utility service vehicles, as 

17 that term is defined in section 395.2 of title 49, Code 

18 of Federal Regulations. 

19 (2) Maximum daily hours of service for drivers 

20 engaged in the transportation of property or pas21 sengers to or from a motion picture or television pro22 duction site located within a 100-air mile radius of 

23 the work reporting location of such drivers. 
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1 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

2 OPERATIONS AND RESEARCH

3 (HIGHWAY TRUST FUND)

4 For expenses necessary to discharge the functions of the 

5 Secretary, with respect to traffic and highway safety under 

6 chapter 301 of title 49, United States Code, and part C 

7 of subtitle VI of title 49, United States Code, $148,102,000, 

8 to be derived from funds available under 104(a)(1)(A) of 

9 title 23, United States Code: Provided, That such funds 

10 shall be transferred to and administered by the National 

11 Highway Traffic Safety Administration: Provided further, 

12 That none of the funds appropriated by this Act may be 

13 obligated or expended to plan, finalize, or implement any 

14 rulemaking to add to section 575.104 of title 49 of the Code 

15 of Federal Regulations any requirement pertaining to a 

16 grading standard that is different from the three grading 

17 standards (treadwear, traction, and temperature resistance) 

18 already in effect. 

19 OPERATIONS AND RESEARCH

20 (LIQUIDATION OF CONTRACT AUTHORIZATION)

21 (LIMITATION ON OBLIGATIONS)

22 (HIGHWAY TRUST FUND)

23 For payment of obligations incurred in carrying out 

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

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

26 Trust Fund: Provided, That none of the funds in this Act 
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1 shall be available for the planning or execution of programs 

2 the total obligations for which, in fiscal year 2004, are in 

3 excess of $72,000,000 for programs authorized under 23 

4 U.S.C. 403. 

5 NATIONAL DRIVER REGISTER

6 (HIGHWAY TRUST FUND)

7 For expenses necessary to discharge the functions of the 

8 Secretary with respect to the National Driver Register 

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

10 $3,600,000, to be derived from the Highway Trust Fund, 

11 and to remain available until expended. 

12 HIGHWAY TRAFFIC SAFETY GRANTS

13 (LIQUIDATION OF CONTRACT AUTHORIZATION)

14 (LIMITATION ON OBLIGATIONS)

15 (HIGHWAY TRUST FUND)

16 Notwithstanding any other provision of law, for pay17 ment of obligations incurred in carrying out the provisions 

18 of 23 U.S.C. 402, 405, and 410, to remain available until 

19 expended, $225,000,000, to be derived from the Highway 

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

21 shall be available for the planning or execution of programs 

22 the total obligations for which, in fiscal year 2004, are in 

23 excess of $225,000,000 for programs authorized under 23 

24 U.S.C. 402, 405, and 410, of which $165,000,000 shall be 

25 for ‘‘Highway Safety Programs’’ under 23 U.S.C. 402, 

26 $20,000,000 shall be for ‘‘Occupant Protection Incentive 
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1 Grants’’ under 23 U.S.C. 405, and $40,000,000 shall be for 

2 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ 

3 under 23 U.S.C. 410: Provided further, That none of these 

4 funds shall be used for construction, rehabilitation, or re5 modeling costs, or for office furnishings and fixtures for 

6 State, local, or private buildings or structures: Provided 

7 further, That not to exceed $8,150,000 of the funds made 

8 available for section 402, not to exceed $1,000,000 of the 

9 funds made available for section 405, and not to exceed 

10 $2,000,000 of the funds made available for section 410 shall 

11 be available to NHTSA for administering highway safety 

12 grants under chapter 4 of title 23, United States Code: Pro13 vided further, That not to exceed $500,000 of the funds 

14 made available for section 410 ‘‘Alcohol-Impaired Driving 

15 Countermeasures Grants’’ shall be available for technical 

16 assistance to the States. 

17 GENERAL PROVISIONS—NATIONAL HIGHWAY TRAFFIC

18 SAFETY ADMINISTRATION

19 SEC. 140. Notwithstanding any other provision of law, 

20 States may use funds provided in this Act under section 

21 402 of title 23, United States Code, to produce and place 

22 highway safety public service messages in television, radio, 

23 cinema, and print media, and on the Internet in accord24 ance with guidance issued by the Secretary of Transpor25 tation: Provided, That any State that uses funds for such 

26 public service messages shall submit to the Secretary a re-
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1 port describing and assessing the effectiveness of the mes2 sages: Provided further, That $10,000,000 of the funds allo3 cated under section 157 of title 23, United States Code, shall 

4 be used as directed by the National Highway Traffic Safety 

5 Administrator to purchase national paid advertising (in6 cluding production and placement) to support national 

7 safety belt mobilizations: Provided further, That, of the 

8 funds allocated under section 163 of title 23, United States 

9 Code, $2,750,000 shall be used as directed by the Adminis10 trator to support national impaired driving mobilizations 

11 and enforcement efforts, $14,000,000 shall be used as di12 rected by the Administrator to purchase national paid ad13 vertising (including production and placement) to support 

14 such national impaired driving mobilizations and enforce15 ment efforts, $250,000 shall be used as directed by the Ad16 ministrator to conduct an evaluation of alcohol-impaired 

17 driving messages, and $3,000,000 shall be used as directed 

18 by the Administrator to conduct an impaired driving dem19 onstration program. 

20 SEC. 141. Notwithstanding any other provision of law, 

21 funds appropriated or limited in the Act to educate the mo22 toring public on how to share the road safely with commer23 cial motor vehicles shall be administered by the National 

24 Highway Traffic Safety Administration. 
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1 FEDERAL RAILROAD ADMINISTRATION

2 SAFETY AND OPERATIONS

3 For necessary expenses of the Federal Railroad Admin4 istration, not otherwise provided for, $130,825,000, of which 

5 $11,712,000 shall remain available until expended. 

6 RAILROAD RESEARCH AND DEVELOPMENT

7 For necessary expenses for railroad research and devel8 opment, $34,225,000, to remain available until expended. 

9 RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM

10 The Secretary of Transportation is authorized to issue 

11 to the Secretary of the Treasury notes or other obligations 

12 pursuant to section 512 of the Railroad Revitalization and 

13 Regulatory Reform Act of 1976 (Public Law 94–210), as 

14 amended, in such amounts and at such times as may be 

15 necessary to pay any amounts required pursuant to the 

16 guarantee of the principal amount of obligations under sec17 tions 511 through 513 of such Act, such authority to exist 

18 as long as any such guaranteed obligation is outstanding: 

19 Provided, That pursuant to section 502 of such Act, as 

20 amended, no new direct loans or loan guarantee commit21 ments shall be made using Federal funds for the credit risk 

22 premium during fiscal year 2004: Provided further, That 

23 no payments of principal or interest shall be collected dur24 ing fiscal year 2004 for the direct loan made to the National 

25 Railroad Passenger Corporation under section 502 of such 

26 Act. 
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1 NEXTGENERATION HIGH-SPEED RAIL

2 For necessary expenses for the Next Generation High3 Speed Rail program as authorized under 49 U.S.C. 26101 

4 and 26102, $29,350,000, to remain available until ex5 pended. 

6 ALASKA RAILROAD REHABILITATION

7 To enable the Secretary of Transportation to make 

8 grants to the Alaska Railroad, $25,000,000 shall be for cap9 ital rehabilitation and improvements benefiting its pas10 senger operations, to remain available until expended. 

11 GRANTS TO THE NATIONAL RAILROAD PASSENGER

12 CORPORATION

13 To enable the Secretary of Transportation to make 

14 quarterly grants to the National Railroad Passenger Cor15 poration, $1,346,000,000, to remain available until Sep16 tember 30, 2004: Provided, That the Secretary of Transpor17 tation shall approve funding to cover operating losses and 

18 capital expenditures for a train of the National Railroad 

19 Passenger Corporation only after receiving and reviewing 

20 a grant request for each specific train route: Provided fur21 ther, That each such grant request shall be accompanied by 

22 a detailed financial analysis, revenue projection, and cap23 ital expenditure projection justifying the Federal support 

24 to the Secretary’s satisfaction: Provided further, That the 

25 Secretary of Transportation and the Amtrak Board of Di26 rectors shall ensure that, of the amount made available 
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1 under this heading, sufficient sums are reserved to satisfy 

2 the contractual obligations of the National Railroad Pas3 senger Corporation for commuter and intercity passenger 

4 rail service: Provided further, That within 60 days of enact5 ment of this Act, Amtrak shall transmit to the Secretary 

6 of Transportation and the House and Senate Committees 

7 on Appropriations a business plan for operating and cap8 ital improvements to be funded in fiscal year 2004 under 

9 section 24104(a) of title 49, United States Code: Provided 

10 further, That the business plan shall include a description 

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

12 estimated timetable for completion of the projects covered 

13 by this business plan: Provided further, That not later than 

14 June 1, 2003 and each month thereafter, Amtrak shall sub15 mit to the Secretary of Transportation and the House and 

16 Senate Committees on Appropriations a supplemental re17 port regarding the business plan, which shall describe the 

18 work completed to date, any changes to the business plan, 

19 and the reasons for such changes: Provided further, That 

20 none of the funds in this Act may be used for operating 

21 expenses and capital projects not approved by the Secretary 

22 of Transportation nor on the National Railroad Passenger 

23 Corporation’s fiscal year 2004 business plan: Provided fur24 ther, That none of the funds under this heading may be 

25 obligated or expended until the National Railroad Pas-
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1 senger Corporation agrees to continue abiding by the provi2 sions of paragraphs 1, 2, 3, 5, 9, and 11 of the summary 

3 of conditions for the direct loan agreement of June 28, 2002, 

4 in the same manner as in effect on the date of enactment 

5 of this Act. 

6 FEDERAL TRANSIT ADMINISTRATION

7 ADMINISTRATIVE EXPENSES

8 For necessary administrative expenses of the Federal 

9 Transit Administration’s programs authorized by chapter 

10 53 of title 49, United States Code, $14,600,000: Provided, 

11 That no more than $73,000,000 of budget authority shall 

12 be available for these purposes: Provided further, That of 

13 the funds available not to exceed $980,000 shall be available 

14 for the Office of the Administrator; not to exceed $6,133,000 

15 shall be available for the Office of Administration; not to 

16 exceed $3,750,000 shall be available for the Office of the 

17 Chief Counsel; not to exceed $1,160,000 shall be available 

18 for the Office of Communication and Congressional Affairs; 

19 not to exceed $7,250,000 shall be available for the Office 

20 of Program Management; not to exceed $6,200,000 shall be 

21 available for the Office of Budget and Policy; not to exceed 

22 $4,600,000 shall be available for the Office of Demonstra23 tion and Innovation; not to exceed $2,700,000 shall be 

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

25 $3,450,000 shall be available for the Office of Planning; not 
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1 to exceed $17,777,000 shall be available for regional offices; 

2 and not to exceed $16,800,000 shall be available for the cen3 tral account: Provided further, That the Administrator is 

4 authorized to transfer funds appropriated for an office of 

5 the Federal Transit Administration: Provided further, That 

6 no appropriation for an office shall be increased or de7 creased by more than 3 percent by all such transfers: Pro8 vided further, That any change in funding greater than 3 

9 percent shall be submitted for approval to the House and 

10 Senate Committees on Appropriations: Provided further, 

11 That of the funds in this Act available for the execution 

12 of contracts under section 5327(c) of title 49, United States 

13 Code, $2,000,000 shall be reimbursed to the Department of 

14 Transportation’s Office of Inspector General for costs asso15 ciated with audits and investigations of transit-related 

16 issues, including reviews of new fixed guideway systems: 

17 Provided further, That not to exceed $2,200,000 for the Na18 tional transit database shall remain available until ex19 pended. 

20 FORMULA GRANTS

21 (INCLUDING TRANSFER OF FUNDS)

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

23 5308, 5310, 5311, 5327, and section 3038 of Public Law 

24 105–178, $767,800,000, to remain available until expended: 

25 Provided, That no more than $3,839,000,000 of budget au26 thority shall be available for these purposes: Provided fur-
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1 ther, That notwithstanding section 3008 of Public Law 

2 105–178, $50,000,000 of the funds to carry out 49 U.S.C. 

3 5308 shall be transferred to and merged with funding pro4 vided for the replacement, rehabilitation, and purchase of 

5 buses and related equipment and the construction of bus6 related facilities under ‘‘Federal Transit Administration, 

7 Capital investment grants’’. 

8 UNIVERSITY TRANSPORTATION RESEARCH

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

10 $1,200,000, to remain available until expended: Provided, 

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

12 available for these purposes. 

13 TRANSIT PLANNING AND RESEARCH

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

15 5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 

16 5322, $24,400,000, to remain available until expended: Pro17 vided, That no more than $122,000,000 of budget authority 

18 shall be available for these purposes: Provided further, That 

19 $5,250,000 is available to provide rural transportation as20 sistance (49 U.S.C. 5311(b)(2)), $4,000,000 is available to 

21 carry out programs under the National Transit Institute 

22 (49 U.S.C. 5315), $8,250,000 is available to carry out tran23 sit cooperative research programs (49 U.S.C. 5313(a)), 

24 $60,385,600 is available for metropolitan planning (49 

25 U.S.C. 5303, 5304, and 5305), $12,614,400 is available for 

26 State planning (49 U.S.C. 5313(b)); and $31,500,000 is 
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1 available for the national planning and research program 

2 (49 U.S.C. 5314). 

3 TRUST FUND SHARE OF EXPENSES

4 (LIQUIDATION OF CONTRACT AUTHORIZATION)

5 (HIGHWAY TRUST FUND)

6 Notwithstanding any other provision of law, for pay7 ment of obligations incurred in carrying out 49 U.S.C. 

8 5303–5308, 5310–5315, 5317(b), 5322, 5327, 5334, 5505, 

9 and sections 3037 and 3038 of Public Law 105–178, 

10 $5,844,000,000, to remain available until expended, and to 

11 be derived from the Mass Transit Account of the Highway 

12 Trust Fund: Provided, That $3,071,200,000 shall be paid 

13 to the Federal Transit Administration’s formula grants ac14 count: Provided further, That $97,600,000 shall be paid to 

15 the Federal Transit Administration’s transit planning and 

16 research account: Provided further, That $58,400,000 shall 

17 be paid to the Federal Transit Administration’s adminis18 trative expenses account: Provided further, That $4,800,000 

19 shall be paid to the Federal Transit Administration’s uni20 versity transportation research account: Provided further, 

21 That $100,000,000 shall be paid to the Federal Transit Ad22 ministration’s job access and reverse commute grants pro23 gram: Provided further, That $2,512,000,000 shall be paid 

24 to the Federal Transit Administration’s capital investment 

25 grants account. 
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1 CAPITAL INVESTMENT GRANTS

2 (INCLUDING TRANSFER OF FUNDS)

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

4 5309, 5318, and 5327, $628,000,000, to remain available 

5 until expended: Provided, That no more than 

6 $3,140,000,000 of budget authority shall be available for 

7 these purposes: Provided further, That there shall be avail8 able for fixed guideway modernization, $1,214,400,000; 

9 there shall be available for the replacement, rehabilitation, 

10 and purchase of buses and related equipment and the con11 struction of bus-related facilities, $607,200,000, which shall 

12 include $50,000,000 made available under 5309(m)(3)(C) 

13 of this title, plus $50,000,000 transferred from ‘‘Federal 

14 Transit Administration, Formula Grants’’; and there shall 

15 be available for new fixed guideway systems $1,318,400,000, 

16 to be available as follows: 

17 Alaska and Hawaii Ferry Projects, $10,296,000; 

18 Baltimore—Central LRT Double Tracking, 

19 Maryland, $40,000,000; 

20 Birmingham—Transit Corridor, Alabama, 

21 $6,000,000; 

22 Boston—Silver Line Phase III, Massachusetts, 

23 $1,000,000; 

24 Charlotte—South Corridor Light Rail Project, 

25 North Carolina, $18,000,000; 
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1 Chicago—Douglas Branch Reconstruction, Illi2 nois, $85,000,000; 

3 Chicago—North Central, Illinois, $20,000,000; 

4 Chicago—UP West Line Extension, Illinois, 

5 $12,000,000; 

6 Chicago—Metra Southwest Corridor Commuter 

7 Rail, Illinois, $20,000,000; 

8 Chicago—Ravenswood Line Extension, Illinois, 

9 $10,000,000; 

10 Commuter Rail Improvements, Delaware, 

11 $3,000,000; 

12 Dallas—North Central LRT Extension, Texas, 

13 $30,161,283; 

14 Denver—Southeast Corridor LRT, Colorado, 

15 $80,000,000; 

16 Dulles Corridor Rapid Transit Project, Virginia, 

17 $25,000,000; 

18 Euclid Corridor Transportation Project, Ohio, 

19 $15,000,000; 

20 Ft. Lauderdale—Tri-Rail Commuter Rail Up21 grade, Florida, $18,410,000; 

22 Houston Advanced Metro Transit Plan, Texas, 

23 $10,000,000; 

24 Integrated Intermodal project, Rhode Island, 

25 $6,000,000; 
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1 Kenosha-Racine-Milwaukee Commuter Rail Ex2 tension, Wisconsin, $4,000,000; 

3 Las Vegas—Resort Corridor Fixed Guideway, 

4 Nevada, $25,000,000; 

5 Little Rock—River Rail Project, Arkansas, 

6 $5,000,000; 

7 Los Angeles—Eastside LRT, California, 

8 $5,000,000; 

9 Maine Marine Highway, $2,000,000; 

10 Memphis—Medical Center Extension, Tennessee, 

11 $9,247,588; 

12 Minneapolis—Hiawatha Corridor LRT, Min13 nesota, $74,980,000; 

14 Minneapolis—Northstar Commuter Rail Project, 

15 Minnesota, $10,000,000; 

16 New Orleans—Canal Street Streetcar Project, 

17 Louisiana, $36,020,000; 

18 New York—East Side Access Project, New York, 

19 $10,000,000; 

20 Newark Rail Link (MOS–1), New Jersey, 

21 $22,566,022; 

22 Northern New Jersey-Hudson-Bergen LRT–

23 MOS–2, $100,000,000; 

24 Northwest Corridor BRT, Atlanta, $4,000,000; 
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1 Philadelphia—Schuylkill Valley Metro, Pennsyl2 vania, $16,000,000; 

3 Pittsburgh—North Shore Connector LRT, Penn4 sylvania, $13,812,304; 

5 Pittsburgh—Stage II LRT Reconstruction, 

6 Pennsylvania, $32,243,442; 

7 Portland—Interstate MAX LRT Extension, Or8 egon, $77,500,000; 

9 Regional Commuter Rail (Weber County to Salt 

10 Lake City), Utah, $12,000,000; 

11 Salt Lake City—Medical Center, Utah, 

12 $30,663,361; 

13 San Diego—Mission Valley East LRT Exten14 sion, California, $65,000,000; 

15 San Diego—Oceanside Escondido Rail Project, 

16 California, $48,000,000; 

17 San Juan—Tren Urbano Rapid Transit System, 

18 Puerto Rico, $20,000,000; 

19 Scranton—NY City Rail Service, Pennsylvania, 

20 $5,000,000; 

21 Seattle—Central Link LRT MOS–1, Wash22 ington, $75,000,000; 

23 SF Area—BART Airport Extension, California, 

24 $100,000,000; 
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1 Silicon Valley Rapid Transit Corridor, Cali2 fornia, $4,000,000; 

3 Stamford Urban Transitway Phase II, Con4 necticut, $7,000,000; 

5 Trans-Hudson Midtown Corridor, New Jersey, 

6 $5,000,000; 

7 Triangle Transit Authority Regional Rail Phase 

8 I Project, North Carolina, $9,000,000; 

9 VRE Parking Improvements, Virginia, 

10 $4,000,000; 

11 Washington, DC/Maryland—Largo Extension, 

12 $65,000,000; 

13 Wilmington Train Station Improvements, Dela14 ware, $2,500,000; 

15 Wilsonville-Beaverton Commuter Rail, Oregon, 

16 $6,000,000; 

17 Yarmouth to Auburn Line, Maine, $3,000,000. 

18 JOB ACCESS AND REVERSE COMMUTE GRANTS

19 For necessary expenses to carry out section 3037 of the 

20 Federal Transit Act of 1998, $25,000,000, to remain avail21 able until expended: Provided, That no more than 

22 $125,000,000 of budget authority shall be available for these 

23 purposes: Provided further, That up to $300,000 of the 

24 funds provided under this heading may be used by the Fed25 eral Transit Administration for technical assistance and 
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1 support and performance reviews of the Job Access and Re2 verse Commute Grants program. 

3 GENERAL PROVISIONS—FEDERAL TRANSIT

4 ADMINISTRATION

5 SEC. 150. The limitations on obligations for the pro6 grams of the Federal Transit Administration shall not 

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

8 made available for obligation, or to any other authority pre9 viously made available for obligation. 

10 SEC. 151. Notwithstanding any other provision of law, 

11 and except for fixed guideway modernization projects, funds 

12 made available by this Act under ‘‘Federal Transit Admin13 istration, Capital investment grants’’ for projects specified 

14 in this Act or identified in reports accompanying this Act 

15 not obligated by September 30, 2006, and other recoveries, 

16 shall be made available for other projects under 49 U.S.C. 

17 5309. 

18 SEC. 152. Notwithstanding any other provision of law, 

19 any funds appropriated before October 1, 2003, under any 

20 section of chapter 53 of title 49, United States Code, that 

21 remain available for expenditure may be transferred to and 

22 administered under the most recent appropriation heading 

23 for any such section. 

24 SEC. 153. Funds made available for Alaska or Hawaii 

25 ferry boats or ferry terminal facilities pursuant to 49 

26 U.S.C. 5309(m)(2)(B) may be used to construct new vessels 
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1 and facilities, or to improve existing vessels and facilities, 

2 including both the passenger and vehicle-related elements of 

3 such vessels and facilities, and for repair facilities: Pro4 vided, That not more than $3,000,000 of the funds made 

5 available pursuant to 49 U.S.C. 5309(m)(2)(B) may be 

6 used by the State of Hawaii to initiate and operate a pas7 senger ferryboat services demonstration project to test the 

8 viability of different intra-island and inter-island ferry 

9 boat routes and technology: Provided further, That notwith10 standing 49 U.S.C. 5302(a)(7), funds made available for 

11 Alaska or Hawaii ferry boats may be used to acquire pas12 senger ferry boats and to provide passenger ferry transpor13 tation services within areas of the State of Hawaii under 

14 the control or use of the National Park Service. 

15 SEC. 154. Notwithstanding any other provision of law, 

16 funds made available to the Colorado Roaring Fork Trans17 portation Authority under ‘‘Federal Transit Administra18 tion, Capital investment grants’’ in Public Laws 106–69 

19 and 106–346 shall be available for expenditure on park and 

20 ride lots in Carbondale and Glenwood Springs, Colorado 

21 as part of the Roaring Fork Valley Bus Rapid Transit 

22 project. 

23 SEC. 155. Notwithstanding any other provision of law, 

24 unobligated funds made available for a new fixed guideway 

25 systems projects under the heading ‘‘Federal Transit Ad-
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1 ministration, Capital Investment Grants’’ in any appro2 priations act prior to this Act may be used during this fis3 cal year to satisfy expenses incurred for such projects. 

4 SEC. 156. (a) IN GENERAL.—The Secretary shall es5 tablish a pilot program to determine the benefits of encour6 aging cooperative procurement of major capital equipment 

7 under sections 5307, 5309, and 5311. The program shall 

8 consist of three pilot projects. Cooperative procurements in 

9 these projects may be carried out by grantees, consortiums 

10 of grantees, or members of the private sector acting as 

11 agents of grantees. 

12 (b) FEDERAL SHARE.—Notwithstanding any other 

13 provision of law, the Federal share for a grant under this 

14 pilot program shall be 90 percent of the net project cost. 

15 (c) PERMISSIBLE ACTIVITIES.—

16 (1) DEVELOPING SPECIFICATIONS.—Cooperative 

17 specifications may be developed either by the grantees 

18 or their agents. 

19 (2) REQUESTS FOR PROPOSALS.—To the extent 

20 permissible under state and local law, cooperative 

21 procurements under this section may be carried out, 

22 either by the grantees or their agents, by issuing one 

23 request for proposal for each cooperative procurement, 

24 covering all agencies that are participating in the 

25 procurement. 
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1 (3) BESTAND FINAL OFFERS.—The cost of evalu2 ating best and final offers either by the grantees or 

3 their agents, is an eligible expense under this pro4 gram. 

5 (d) TECHNOLOGY.—To the extent feasible, cooperative 

6 procurements under this section shall maximize use of 

7 Internet-based software technology designed specifically for 

8 transit buses and other major capital equipment to develop 

9 specifications; aggregate equipment requirements with other 

10 transit agencies; generate cooperative request for proposal 

11 packages; create cooperative specifications; and automate 

12 the request for approved equals process. 

13 (e) ELIGIBLE EXPENSES.—The cost of the permissible 

14 activities under (c) and procurement under (d) are eligible 

15 expenses under the pilot program. 

16 (f) PROPORTIONATE CONTRIBUTIONS.—Cooperating 

17 agencies may contribute proportionately to the non-Federal 

18 share of any of the eligible expenses under (e). 

19 (g) OUTREACH.—The Secretary shall conduct outreach 

20 on cooperative procurement. Under this program the Sec21 retary shall: (1) offer technical assistance to transit agencies 

22 to facilitate the use of cooperative procurement of major 

23 capital equipment and (2) conduct seminars and con24 ferences for grantees, nationwide, on the concept of coopera25 tive procurement of major capital equipment. 
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1 (h) REPORT.—Not later than 30 days after delivery 

2 of the base order under each of the pilot projects, the Sec3 retary shall submit to the House and Senate Committees 

4 on Appropriations a report on the results of that pilot 

5 project. Each report shall evaluate any savings realized 

6 through the cooperative procurement and the benefits of in7 corporating cooperative procurement, as shown by that 

8 project, into the mass transit program as a whole. 

9 SEC. 157. Notwithstanding any other provision of law, 

10 new fixed guideway system funds available for the Yosemite, 

11 California, area regional transportation system project, in 

12 the Department of Transportation and Related Agencies 

13 Appropriations Act, 2002, Public Law 107–87, under 

14 ‘‘Capital Investment Grants’’, in the amount of $400,000 

15 shall be available for obligation for the replacement, reha16 bilitation, or purchase of buses or related equipment, or the 

17 construction of bus related facilities: Provided, That this 

18 amount shall be in addition to the amount available in fis19 cal year 2002 for these purposes. 

20 SEC. 158. Notwithstanding any other provision of law, 

21 for the purpose of calculating the non-New Starts share of 

22 the total project cost of both phases of San Francisco Muni’s 

23 Third Street Light Rail Transit project for fiscal year 2004, 

24 the Secretary of Transportation shall include all non-New 

25 Starts contributions made towards Phase 1 of the two-phase 
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1 project for engineering, final design and construction, and 

2 also shall allow non-New Starts funds expended on one ele3 ment or phase of the project to be used to meet the non4 New Starts share requirement of any element or phase of 

5 the project. 

6 SEC. 159. Notwithstanding any other provision of law, 

7 funds made available under ‘‘Federal Transit Administra8 tion, Capital Investment Grants’’ in Public Law 105–277 

9 for the Cleveland Berea Red Line Extension to the Hopkins 

10 International Airport project may be used for the Euclid 

11 Corridor Transportation Project. 

12 SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

13 SAINTLAWRENCE SEAWAY DEVELOPMENTCORPORATION

14 The Saint Lawrence Seaway Development Corpora15 tion is hereby authorized to make such expenditures, within 

16 the limits of funds and borrowing authority available to 

17 the Corporation, and in accord with law, and to make such 

18 contracts and commitments without regard to fiscal year 

19 limitations as provided by section 104 of the Government 

20 Corporation Control Act, as amended, as may be necessary 

21 in carrying out the programs set forth in the Corporation’s 

22 budget for the current fiscal year. 

23 OPERATIONS AND MAINTENANCE

24 (HARBOR MAINTENANCE TRUST FUND)

25 For necessary expenses for operations and mainte26 nance of those portions of the Saint Lawrence Seaway oper-
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1 ated and maintained by the Saint Lawrence Seaway Devel2 opment Corporation, $14,400,000, to be derived from the 

3 Harbor Maintenance Trust Fund, pursuant to Public Law 

4 99–662. 

5 MARITIME ADMINISTRATION

6 OPERATIONS AND TRAINING

7 For necessary expenses of operations and training ac8 tivities authorized by law, $106,000,000, of which 

9 $13,000,000 shall remain available until expended for cap10 ital improvements at the United States Merchant Marine 

11 Academy, and $7,063,000 shall remain available until Sep12 tember 30, 2005 for state maritime schoolship maintenance 

13 and repair. 

14 SHIP DISPOSAL

15 For necessary expenses related to the disposal of obso16 lete vessels in the National Defense Reserve Fleet of the Mar17 itime Administration, $18,422,000, to remain available 

18 until expended. 

19 MARITIME SECURITY PROGRAM

20 For necessary expenses to maintain and preserve a 

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

22 of the United States, $98,700,000, to remain available until 

23 expended. 
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1 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

2 ACCOUNT

3 For administrative expenses to carry out the guaran4 teed loan program, not to exceed $4,498,000, which shall 

5 be transferred to and merged with the appropriation for 

6 Operations and Training. 

7 GENERAL PROVISIONS—MARITIME ADMINISTRATION

8 SEC. 160. Notwithstanding any other provision of this 

9 Act, the Maritime Administration is authorized to furnish 

10 utilities and services and make necessary repairs in connec11 tion with any lease, contract, or occupancy involving Gov12 ernment property under control of the Maritime Adminis13 tration, and payments received therefore shall be credited 

14 to the appropriation charged with the cost thereof: Provided, 

15 That rental payments under any such lease, contract, or 

16 occupancy for items other than such utilities, services, or 

17 repairs shall be covered into the Treasury as miscellaneous 

18 receipts. 

19 SEC. 161. No obligations shall be incurred during the 

20 current fiscal year from the construction fund established 

21 by the Merchant Marine Act, 1936, or otherwise, in excess 

22 of the appropriations and limitations contained in this Act 

23 or in any prior appropriation Act. 
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1 RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

2 RESEARCH AND SPECIAL PROGRAMS

3 For expenses necessary to discharge the functions of the 

4 Research and Special Programs Administration, 

5 $42,516,000, of which $645,000 shall be derived from the 

6 Pipeline Safety Fund, and of which $3,473,000 shall re7 main available until September 30, 2006: Provided, That 

8 up to $1,200,000 in fees collected under 49 U.S.C. 5108(g) 

9 shall be deposited in the general fund of the Treasury as 

10 offsetting receipts: Provided further, That there may be 

11 credited to this appropriation, to be available until ex12 pended, funds received from States, counties, municipali13 ties, other public authorities, and private sources for ex14 penses incurred for training, for reports publication and 

15 dissemination, and for travel expenses incurred in perform16 ance of hazardous materials exemptions and approvals 

17 functions. 

18 PIPELINE SAFETY

19 (PIPELINE SAFETY FUND)

20 (OIL SPILL LIABILITY TRUST FUND)

21 For expenses necessary to conduct the functions of the 

22 pipeline safety program, for grants-in-aid to carry out a 

23 pipeline safety program, as authorized by 49 U.S.C. 60107, 

24 and to discharge the pipeline program responsibilities of 

25 the Oil Pollution Act of 1990, $67,612,000, of which 

26 $17,183,000 shall be derived from the Oil Spill Liability 
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1 Trust Fund and shall remain available until September 30, 

2 2006; of which $50,429,000 shall be derived from the Pipe3 line Safety Fund, of which $22,710,000 shall remain avail4 able until September 30, 2006. 

5 EMERGENCY PREPAREDNESS GRANTS

6 (EMERGENCY PREPAREDNESS FUND)

7 For necessary expenses to carry out 49 U.S.C. 5127(c), 

8 $200,000, to be derived from the Emergency Preparedness 

9 Fund, to remain available until September 30, 2006: Pro10 vided, That not more than $14,300,000 shall be made avail11 able for obligation in fiscal year 2004 from amounts made 

12 available by 49 U.S.C. 5116(i) and 5127(d): Provided fur13 ther, That none of the funds made available by 49 U.S.C. 

14 5116(i) and 5127(d) shall be made available for obligation 

15 by individuals other than the Secretary of Transportation, 

16 or his designee. 

17 OFFICE OF INSPECTOR GENERAL

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of Inspector Gen20 eral to carry out the provisions of the Inspector General 

21 Act of 1978, as amended, $56,000,000: Provided, That the 

22 Inspector General shall have all necessary authority, in car23 rying out the duties specified in the Inspector General Act, 

24 as amended (5 U.S.C. App. 3) to investigate allegations of 

25 fraud, including false statements to the government (18 

26 U.S.C. 1001), by any person or entity that is subject to 
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1 regulation by the Department: Provided further, That the 

2 funds made available under this heading shall be used to 

3 investigate, pursuant to section 41712 of title 49, United 

4 States Code: (1) unfair or deceptive practices and unfair 

5 methods of competition by domestic and foreign air carriers 

6 and ticket agents; and (2) the compliance of domestic and 

7 foreign air carriers with respect to item (1) of this proviso. 

8 SURFACE TRANSPORTATION BOARD

9 SALARIES AND EXPENSES

10 For necessary expenses of the Surface Transportation 

11 Board, including services authorized by 5 U.S.C. 3109, 

12 $19,521,000: Provided, That notwithstanding any other 

13 provision of law, not to exceed $1,050,000 from fees estab14 lished by the Chairman of the Surface Transportation 

15 Board shall be credited to this appropriation as offsetting 

16 collections and used for necessary and authorized expenses 

17 under this heading: Provided further, That the sum herein 

18 appropriated from the general fund shall be reduced on a 

19 dollar-for-dollar basis as such offsetting collections are re20 ceived during fiscal year 2004, to result in a final appro21 priation from the general fund estimated at no more than 

22 $18,471,000. 
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1 TITLE II—DEPARTMENT OF THE TREASURY 

2 DEPARTMENTAL OFFICES

3 SALARIES AND EXPENSES

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses of the Departmental Offices in6 cluding operation and maintenance of the Treasury Build7 ing and Annex; hire of passenger motor vehicles; mainte8 nance, repairs, and improvements of, and purchase of com9 mercial insurance policies for, real properties leased or 

10 owned overseas, when necessary for the performance of offi11 cial business; not to exceed $3,000,000, to remain available 

12 until September 30, 2005 for information technology mod13 ernization requirements; not to exceed $150,000 for official 

14 reception and representation expenses; not to exceed 

15 $258,000 for unforeseen emergencies of a confidential na16 ture, to be allocated and expended under the direction of 

17 the Secretary of the Treasury and to be accounted for solely 

18 on his certificate, $174,809,000: Provided, That the Office 

19 of Foreign Assets Control shall be funded at no less than 

20 $21,855,000 and 120 full time equivalent positions: Pro21 vided further, That of these amounts, $2,900,000 is avail22 able for grants to State and local law enforcement groups 

23 to help fight money laundering: Provided further, That of 

24 these amounts, $3,393,000, to remain available until Sep25 tember 30, 2005, shall be for the Treasury-wide Financial 

26 Statement Audit Program, of which such amounts as may 
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1 be necessary may be transferred to accounts of the Depart2 ment’s offices and bureaus to conduct audits: Provided fur3 ther, That this transfer authority shall be in addition to 

4 any other provided in this Act. 

5 DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS

6 PROGRAMS

7 (INCLUDING TRANSFER OF FUNDS)

8 For development and acquisition of automatic data 

9 processing equipment, software, and services for the Depart10 ment of the Treasury, $36,928,000, to remain available 

11 until September 30, 2006: Provided, That these funds shall 

12 be transferred to accounts and in amounts as necessary to 

13 satisfy the requirements of the Department’s offices, bu14 reaus, and other organizations: Provided further, That this 

15 transfer authority shall be in addition to any other transfer 

16 authority provided in this Act: Provided further, That none 

17 of the funds appropriated shall be used to support or supple18 ment the Internal Revenue Service appropriations for In19 formation Systems or Business Systems Modernization. 

20 OFFICE OF INSPECTOR GENERAL

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of Inspector Gen23 eral in carrying out the provisions of the Inspector General 

24 Act of 1978, as amended, not to exceed $2,000,000 for offi25 cial travel expenses, including hire of passenger motor vehi26 cles; and not to exceed $100,000 for unforeseen emergencies 
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1 of a confidential nature, to be allocated and expended under 

2 the direction of the Inspector General of the Treasury, 

3 $12,687,000, of which not to exceed $2,500 shall be available 

4 for official reception and representation expenses. 

5 TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Treasury Inspector Gen8 eral for Tax Administration in carrying out the Inspector 

9 General Act of 1978, as amended, including purchase (not 

10 to exceed 150 for replacement only for police-type use) and 

11 hire of passenger motor vehicles (31 U.S.C. 1343(b)); serv12 ices authorized by 5 U.S.C. 3109, at such rates as may be 

13 determined by the Inspector General for Tax Administra14 tion; not to exceed $6,000,000 for official travel expenses; 

15 and not to exceed $500,000 for unforeseen emergencies of 

16 a confidential nature, to be allocated and expended under 

17 the direction of the Inspector General for Tax Administra18 tion, $128,034,000. 

19 AIR TRANSPORTATION STABILIZATION PROGRAM

20 For necessary expenses to administer the Air Trans21 portation Stabilization Board established by section 102 of 

22 the Air Transportation Safety and System Stabilization 

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

24 until expended. 
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1 TREASURY BUILDING AND ANNEX REPAIR AND

2 RESTORATION

3 For the repair, alteration, and improvement of the 

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

5 available until September 30, 2006. 

6 FINANCIAL CRIMES ENFORCEMENT NETWORK

7 SALARIES AND EXPENSES

8 For necessary expenses of the Financial Crimes En9 forcement Network, including hire of passenger motor vehi10 cles; travel expenses of non-Federal law enforcement per11 sonnel to attend meetings concerned with financial intel12 ligence activities, law enforcement, and financial regula13 tion; not to exceed $14,000 for official reception and rep14 resentation expenses; and for assistance to Federal law en15 forcement agencies, with or without reimbursement, 

16 $57,571,000, of which not to exceed $4,500,000 shall remain 

17 available until September 30, 2006; and of which 

18 $8,152,000 shall remain available until September 30, 

19 2005: Provided, That funds appropriated in this account 

20 may be used to procure personal services contracts. 

21 FINANCIAL MANAGEMENT SERVICE

22 SALARIES AND EXPENSES

23 For necessary expenses of the Financial Management 

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

25 shall remain available until September 30, 2006, for infor-
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1 mation systems modernization initiatives; and of which not 

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

3 representation expenses. 

4 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

5 SALARIES AND EXPENSES

6 For necessary expenses of carrying out section 1111 

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

8 passenger motor vehicles, $80,000,000; of which not to ex9 ceed $6,000 for official reception and representation ex10 penses; not to exceed $50,000 for cooperative research and 

11 development programs for Laboratory Services; and provi12 sion of laboratory assistance to State and local agencies 

13 with or without reimbursement. 

14 UNITED STATES MINT

15 UNITED STATES MINT PUBLIC ENTERPRISE FUND

16 Pursuant to section 5136 of title 31, United States 

17 Code, the United States Mint is provided funding through 

18 the United States Mint Public Enterprise Fund for costs 

19 associated with the production of circulating coins, numis20 matic coins, and protective services, including both oper21 ating expenses and capital investments. The aggregate 

22 amount of new liabilities and obligations incurred during 

23 fiscal year 2004 under such section 5136 for circulating 

24 coinage and protective service capital investments of the 

25 United States Mint shall not exceed $40,652,000. 
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1 BUREAU OF THE PUBLIC DEBT

2 ADMINISTERING THE PUBLIC DEBT

3 For necessary expenses connected with any public-debt 

4 issues of the United States, $178,052,000, of which not to 

5 exceed $2,500 shall be available for official reception and 

6 representation expenses, and of which not to exceed 

7 $2,000,000 shall remain available until expended for sys8 tems modernization: Provided, That the sum appropriated 

9 herein from the General Fund for fiscal year 2004 shall be 

10 reduced by not more than $4,400,000 as definitive security 

11 issue fees and Treasury Direct Investor Account Mainte12 nance fees are collected, so as to result in a final fiscal year 

13 2004 appropriation from the general fund estimated at 

14 $173,652,000. In addition, $40,000 to be derived from the 

15 Oil Spill Liability Trust Fund to reimburse the Bureau 

16 for administrative and personnel expenses for financial 

17 management of the Fund, as authorized by section 1012 of 

18 Public Law 101–380. 

19 INTERNAL REVENUE SERVICE

20 PROCESSING, ASSISTANCE, AND MANAGEMENT

21 For necessary expenses of the Internal Revenue Service 

22 for pre-filing taxpayer assistance and education, filing and 

23 account services, shared services support, general manage24 ment and administration; and services as authorized by 5 

25 U.S.C. 3109, at such rates as may be determined by the 
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1 Commissioner, $4,048,238,000, of which up to $3,950,000 

2 shall be for the Tax Counseling for the Elderly Program, 

3 of which $7,000,000 shall be available for low-income tax4 payer clinic grants, and of which not to exceed $25,000 

5 shall be for official reception and representation expenses. 

6 TAX LAW ENFORCEMENT

7 For necessary expenses of the Internal Revenue Service 

8 for determining and establishing tax liabilities; providing 

9 litigation support; conducting criminal investigation and 

10 enforcement activities; securing unfiled tax returns; col11 lecting unpaid accounts; conducting a document matching 

12 program; resolving taxpayer problems through prompt 

13 identification, referral and settlement; resolving essential 

14 earned income tax credit compliance and error problems; 

15 compiling statistics of income and conducting compliance 

16 research; purchase (for police-type use, not to exceed 850) 

17 and hire of passenger motor vehicles (31 U.S.C. 1343(b)); 

18 and services as authorized by U.S.C. 3109, at such rates 

19 as may be determined by the Commissioner, 

20 $4,172,808,000, of which not to exceed $1,000,000 shall re21 main available until September 30, 2006, for research: Pro22 vided, That such sums may be transferred as necessary from 

23 this account to the IRS Processing, Assistance, and Man24 agement appropriation or the IRS Information Systems 

25 appropriation solely for the purposes of management of the 

26 Earned Income Tax Compliance program and to reimburse 
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1 the Social Security Administration for the cost of imple2 menting section 1090 of the Taxpayer Relief Act of 1997 

3 (Public Law 105–33): Provided further, That this transfer 

4 authority shall be in addition to any other transfer author5 ity provided in this Act. 

6 INFORMATION SYSTEMS

7 For necessary expenses of the Internal Revenue Service 

8 for information systems and telecommunications support, 

9 including developmental information systems and oper10 ational information systems; the hire of passenger motor ve11 hicles (31 U.S.C. 1343(b)); and services as authorized by 

12 5 U.S.C. 3109, at such rates as may be determined by the 

13 Commissioner, $1,590,962,000, of which $200,000,000 shall 

14 remain available until September 30, 2005. 

15 BUSINESS SYSTEMS MODERNIZATION

16 For necessary expenses of the Internal Revenue Serv17 ice, $429,000,000, to remain available until September 30, 

18 2006, for the capital asset acquisition of information tech19 nology systems, including management and related contrac20 tual costs of said acquisitions, including contractual costs 

21 associated with operations authorized by 5 U.S.C. 3109: 

22 Provided, That none of these funds may be obligated until 

23 the Internal Revenue Service submits to the Committees on 

24 Appropriations, and such Committees approve, a plan for 

25 expenditure that: (1) meets the capital planning and invest26 ment control review requirements established by the Office 
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1 of Management and Budget, including Circular A–11 part 

2 3; (2) complies with the Internal Revenue Service’s enter3 prise architecture, including the modernization blueprint; 

4 (3) conforms with the Internal Revenue Service’s enterprise 

5 life cycle methodology; (4) is approved by the Internal Rev6 enue Service, the Department of the Treasury, and the Of7 fice of Management and Budget; (5) has been reviewed by 

8 the General Accounting Office; and (6) complies with the 

9 acquisition rules, requirements, guidelines, and systems ac10 quisition management practices of the Federal Government. 

11 HEALTH INSURANCE TAX CREDIT ADMINISTRATION

12 For expenses necessary to implement the health insur13 ance tax credit included in the Trade Act of 2002 (Public 

14 Law 107–210), $35,000,000, to remain available until Sep15 tember 30, 2005. 

16 GENERAL PROVISIONS—INTERNAL REVENUE SERVICE

17 SEC. 201. Not to exceed 5 percent of any appropriation 

18 made available in this Act to the Internal Revenue Service 

19 may be transferred to any other Internal Revenue Service 

20 appropriation upon the advance approval of the Commit21 tees on Appropriations. 

22 SEC. 202. The Internal Revenue Service shall main23 tain a training program to ensure that Internal Revenue 

24 Service employees are trained in taxpayers’ rights, in deal25 ing courteously with the taxpayers, and in cross-cultural 

26 relations. 
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1 SEC. 203. The Internal Revenue Service shall institute 

2 and enforce policies and procedures that will safeguard the 

3 confidentiality of taxpayer information. 

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

5 Act to the Internal Revenue Service shall be available for 

6 improved facilities and increased manpower to provide suf7 ficient and effective 1–800 help line service for taxpayers. 

8 The Commissioner shall continue to make the improvement 

9 of the Internal Revenue Service 1–800 help line service a 

10 priority and allocate resources necessary to increase phone 

11 lines and staff to improve the Internal Revenue Service 1–

12 800 help line service. 

13 SEC. 205. None of the funds made available in this 

14 Act may be used by the Secretary of the Treasury or his 

15 delegate to issue any rule or regulation which implements 

16 the proposed amendments to Internal Revenue Service regu17 lations set forth in REG–209500–86 and REG–164464–02, 

18 filed December 10, 2002, or any amendments reaching re19 sults similar to such proposed amendments. 

20 SEC. 206. STUDY ON EARNED INCOME TAX CREDIT

21 CERTIFICATION PROGRAM. (A) STUDY.—The Internal Rev22 enue Service shall conduct a study, as a part of any pro23 gram that requires certification (including pre-certifi24 cation) in order to claim the earned income tax credit under 
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1 section 32 of the Internal Revenue Code of 1986, on the fol2 lowing matters: 

3 (1) The costs (in time and money) incurred by 

4 the participants in the program. 

5 (2) The administrative costs incurred by the In6 ternal Revenue Service in operating the program. 

7 (3) The percentage of individuals included in the 

8 program who were not certified for the credit, includ9 ing the percentage of individuals who were not cer10 tified due to—

11 (A) ineligibility for the credit; and 

12 (B) failure to complete the requirements for 

13 certification. 

14 (4) The percentage of individuals to whom para15 graph (3)(B) applies who were—

16 (A) otherwise eligible for the credit; and 

17 (B) otherwise ineligible for the credit. 

18 (5) The percentage of individuals to whom para19 graph (3)(B) applies who—

20 (A) did not respond to the request for cer21 tification; and 

22 (B) responded to such request but otherwise 

23 failed to complete the requirements for certifi24 cation. 

25 (6) The reasons—
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1 (A) for which individuals described in 

2 paragraph (5)(A) did not respond to requests for 

3 certification; and 

4 (B) for which individuals described in 

5 paragraph (5)(B) had difficulty in completing 

6 the requirements for certification. 

7 (7) The characteristics of those individuals who 

8 were denied the credit due to—

9 (A) failure to complete the requirements for 

10 certification; and 

11 (B) ineligibility for the credit. 

12 (8) The impact of the program on non-English 

13 speaking participants. 

14 (9) The impact of the program on homeless and 

15 other highly transient individuals. 

16 (b) REPORT.—

17 (1) PRELIMINARY REPORT.—Not later than July 

18 30, 2004, the Commissioner of the Internal Revenue 

19 Service shall submit to Congress a preliminary report 

20 on the study conducted under subsection (a). 

21 (2) FINAL REPORT.—Not later than June 30, 

22 2005, the Commissioner of the Internal Revenue Serv23 ice shall submit to Congress a final report detailing 

24 the findings of the study conducted under subsection 

25 (a). 
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1 GENERAL PROVISIONS—DEPARTMENT OF THE TREASURY

2 SEC. 210. Appropriations to the Department of the 

3 Treasury in this Act shall be available for uniforms or al4 lowances therefor, as authorized by law (5 U.S.C. 5901), 

5 including maintenance, repairs, and cleaning; purchase of 

6 insurance for official motor vehicles operated in foreign 

7 countries; purchase of motor vehicles without regard to the 

8 general purchase price limitations for vehicles purchased 

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

10 contracts with the Department of State for the furnishing 

11 of health and medical services to employees and their de12 pendents serving in foreign countries; and services author13 ized by 5 U.S.C. 3109. 

14 SEC. 211. Not to exceed 2 percent of any appropria15 tions in this Act made available to the Departmental Of16 fices—Salaries and Expenses, Office of Inspector General, 

17 Financial Management Service, Alcohol and Tobacco Tax 

18 and Trade Bureau, Financial Crime Enforcement Network, 

19 and Bureau of the Public Debt, may be transferred between 

20 such appropriations upon the advance approval of the Com21 mittees on Appropriations. No transfer may increase or de22 crease any such appropriation by more than 2 percent. 

23 SEC. 212. Not to exceed 2 percent of any appropriation 

24 made available in this Act to the Internal Revenue Service 

25 may be transferred to the Treasury Inspector General for 
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1 Tax Administration’s appropriation upon the advance ap2 proval of the Committees on Appropriations. No transfer 

3 may increase or decrease any such appropriation by more 

4 than 2 percent. 

5 SEC. 213. Of the funds available for the purchase of 

6 law enforcement vehicles, no funds may be obligated until 

7 the Secretary of the Treasury certifies that the purchase by 

8 the respective Treasury bureau is consistent with Depart9 mental vehicle management principles: Provided, That the 

10 Secretary may delegate this authority to the Assistant Sec11 retary for Management. 

12 SEC. 214. None of the funds appropriated in this Act 

13 or otherwise available to the Department of the Treasury 

14 or the Bureau of Engraving and Printing may be used to 

15 redesign the $1 Federal Reserve note. 

16 SEC. 215. The Secretary of the Treasury may transfer 

17 funds from ‘‘Salaries and Expenses’’, Financial Manage18 ment Service, to the Debt Services Account as necessary to 

19 cover the costs of debt collection: Provided, That such 

20 amounts shall be reimbursed to such Salaries and Expenses 

21 account from debt collections received in the Debt Services 

22 Account. 

23 SEC. 216. Section 122(g)(1) of Public Law 105–119 

24 (5 U.S.C. 3104 note), is further amended by striking ‘‘5 

25 years’’ and inserting ‘‘6 years’’. 
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1 SEC. 217. None of the funds appropriated or otherwise 

2 made available by this or any other Act may be used by 

3 the United States Mint to construct or operate any museum 

4 without the explicit approval of the House Committee on 

5 Financial Services and the Senate Committee on Banking, 

6 Housing, and Urban Affairs. 

7 SEC. 218. Beginning in fiscal year 2004 and there8 after, there are appropriated to the Secretary of the Treas9 ury such sums as may be necessary to reimburse financial 

10 institutions in their capacity as depositaries and financial 

11 agents of the United States for all services required or di12 rected by the Secretary of the Treasury, or his designee, to 

13 be performed by such financial institutions on behalf of the 

14 Treasury or other Federal agencies, including services ren15 dered prior to fiscal year 2004. 

16 TITLE III—EXECUTIVE OFFICE OF THE PRESI17 DENT AND FUNDS APPROPRIATED TO THE 

18 PRESIDENT 

19 COMPENSATION OF THE PRESIDENTAND THE WHITE

20 HOUSE OFFICE

21 COMPENSATION OF THE PRESIDENT

22 For compensation of the President, including an ex23 pense allowance at the rate of $50,000 per annum as au24 thorized by 3 U.S.C. 102, $450,000: Provided, That none 

25 of the funds made available for official expenses shall be 
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1 expended for any other purpose and any unused amount 

2 shall revert to the Treasury pursuant to section 1552 of title 

3 31, United States Code: Provided further, That none of the 

4 funds made available for official expenses shall be consid5 ered as taxable to the President. 

6 SALARIES AND EXPENSES

7 For necessary expenses for the White House as author8 ized by law, including not to exceed $3,850,000 for services 

9 as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsist10 ence expenses as authorized by 3 U.S.C. 105, which shall 

11 be expended and accounted for as provided in that section; 

12 hire of passenger motor vehicles, newspapers, periodicals, 

13 teletype news service, and travel (not to exceed $100,000 

14 to be expended and accounted for as provided by 3 U.S.C. 

15 103); and not to exceed $19,000 for official entertainment 

16 expenses, to be available for allocation within the Executive 

17 Office of the President, $61,937,000: Provided, That 

18 $8,650,000 of the funds appropriated shall be available for 

19 reimbursements to the White House Communications Agen20 cy. 

21 EXECUTIVE RESIDENCE ATTHE WHITE HOUSE

22 OPERATING EXPENSES

23 For the care, maintenance, repair and alteration, re24 furnishing, improvement, heating, and lighting, including 

25 electric power and fixtures, of the Executive Residence at 

26 the White House and official entertainment expenses of the 
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1 President, $12,501,000, to be expended and accounted for 

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

3 REIMBURSABLE EXPENSES

4 For the reimbursable expenses of the Executive Resi5 dence at the White House, such sums as may be necessary: 

6 Provided, That all reimbursable operating expenses of the 

7 Executive Residence shall be made in accordance with the 

8 provisions of this paragraph: Provided further, That, not9 withstanding any other provision of law, such amount for 

10 reimbursable operating expenses shall be the exclusive au11 thority of the Executive Residence to incur obligations and 

12 to receive offsetting collections, for such expenses: Provided 

13 further, That the Executive Residence shall require each 

14 person sponsoring a reimbursable political event to pay in 

15 advance an amount equal to the estimated cost of the event, 

16 and all such advance payments shall be credited to this ac17 count and remain available until expended: Provided fur18 ther, That the Executive Residence shall require the na19 tional committee of the political party of the President to 

20 maintain on deposit $25,000, to be separately accounted for 

21 and available for expenses relating to reimbursable political 

22 events sponsored by such committee during such fiscal year: 

23 Provided further, That the Executive Residence shall ensure 

24 that a written notice of any amount owed for a reimburs25 able operating expense under this paragraph is submitted 

26 to the person owing such amount within 60 days after such 
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1 expense is incurred, and that such amount is collected with2 in 30 days after the submission of such notice: Provided 

3 further, That the Executive Residence shall charge interest 

4 and assess penalties and other charges on any such amount 

5 that is not reimbursed within such 30 days, in accordance 

6 with the interest and penalty provisions applicable to an 

7 outstanding debt on a United States Government claim 

8 under section 3717 of title 31, United States Code: Provided 

9 further, That each such amount that is reimbursed, and any 

10 accompanying interest and charges, shall be deposited in 

11 the Treasury as miscellaneous receipts: Provided further, 

12 That the Executive Residence shall prepare and submit to 

13 the Committees on Appropriations, by not later than 90 

14 days after the end of the fiscal year covered by this Act, 

15 a report setting forth the reimbursable operating expenses 

16 of the Executive Residence during the preceding fiscal year, 

17 including the total amount of such expenses, the amount 

18 of such total that consists of reimbursable official and cere19 monial events, the amount of such total that consists of re20 imbursable political events, and the portion of each such 

21 amount that has been reimbursed as of the date of the re22 port: Provided further, That the Executive Residence shall 

23 maintain a system for the tracking of expenses related to 

24 reimbursable events within the Executive Residence that in25 cludes a standard for the classification of any such expense 
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1 as political or nonpolitical: Provided further, That no pro2 vision of this paragraph may be construed to exempt the 

3 Executive Residence from any other applicable requirement 

4 of subchapter I or II of chapter 37 of title 31, United States 

5 Code. 

6 WHITE HOUSE REPAIR AND RESTORATION

7 For the repair, alteration, and improvement of the Ex8 ecutive Residence at the White House, $4,225,000, to re9 main available until expended, for required maintenance, 

10 safety and health issues, and continued preventative main11 tenance. 

12 SPECIAL ASSISTANCE TO THE PRESIDENTAND THE

13 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

14 SALARIES AND EXPENSES

15 For necessary expenses to enable the Vice President to 

16 provide assistance to the President in connection with spe17 cially assigned functions; services as authorized by 5 U.S.C. 

18 3109 and 3 U.S.C. 106, including subsistence expenses as 

19 authorized by 3 U.S.C. 106, which shall be expended and 

20 accounted for as provided in that section; and hire of pas21 senger motor vehicles, $4,461,000. 

22 OPERATING EXPENSES

23 (INCLUDING TRANSFER OF FUNDS)

24 For the care, operation, refurnishing, improvement, 

25 and to the extent not otherwise provided for, heating and 

26 lighting, including electric power and fixtures, of the offi-
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1 cial residence of the Vice President; the hire of passenger 

2 motor vehicles; and not to exceed $90,000 for official enter3 tainment expenses of the Vice President, to be accounted for 

4 solely on his certificate, $331,000: Provided, That advances 

5 or repayments or transfers from this appropriation may 

6 be made to any department or agency for expenses of car7 rying out such activities. 

8 COUNCIL OF ECONOMIC ADVISERS

9 SALARIES AND EXPENSES

10 For necessary expenses of the Council of Economic Ad11 visors in carrying out its functions under the Employment 

12 Act of 1946 (15 U.S.C. 1021), $4,502,000. 

13 OFFICE OF POLICY DEVELOPMENT

14 SALARIES AND EXPENSES

15 For necessary expenses of the Office of Policy Develop16 ment, including services as authorized by 5 U.S.C. 3109 

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

18 NATIONAL SECURITY COUNCIL

19 SALARIES AND EXPENSES

20 For necessary expenses of the National Security Coun21 cil, including services as authorized by 5 U.S.C. 3109, 

22 $10,551,000. 
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1 HOMELAND SECURITY COUNCIL

2 For necessary expenses of the Homeland Security 

3 Council, including services authorized by 5 U.S.C. 3109, 

4 $8,331,000. 

5 OFFICE OF ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of Administration, 

8 including services as authorized by 5 U.S.C. 3109 and 3 

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

10 $77,164,000, of which $20,578,000 shall remain available 

11 until expended for the Capital Investment Plan for contin12 ued modernization of the information technology infrastruc13 ture within the Executive Office of the President: Provided, 

14 That the Executive Office of the President shall submit a 

15 report to the Committees on Appropriations that includes 

16 a current description of: (1) the Enterprise Architecture, 

17 as defined in OMB Circular A–130 and the Federal Chief 

18 Information Officers Council guidance; (2) the Information 

19 Technology (IT) Human Capital Plan; (3) the capital in20 vestment plan for implementing the Enterprise Architec21 ture; and (4) the IT capital planning and investment con22 trol process: Provided further, That this report shall be re23 viewed and approved by the Office of Management and 

24 Budget, and reviewed by the General Accounting Office. 
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1 OFFICE OF MANAGEMENTAND BUDGET

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Management 

4 and Budget, including hire of passenger motor vehicles and 

5 services as authorized by 5 U.S.C. 3109, $75,417,000, of 

6 which not to exceed $3,000 shall be available for official 

7 representation expenses: Provided, That, as provided in 31 

8 U.S.C. 1301(a), appropriations shall be applied only to the 

9 objects for which appropriations were made except as other10 wise provided by law: Provided further, That none of the 

11 funds appropriated in this Act for the Office of Management 

12 and Budget may be used for the purpose of reviewing any 

13 agricultural marketing orders or any activities or regula14 tions under the provisions of the Agricultural Marketing 

15 Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided fur16 ther, That none of the funds made available for the Office 

17 of Management and Budget by this Act may be expended 

18 for the altering of the transcript of actual testimony of wit19 nesses, except for testimony of officials of the Office of Man20 agement and Budget, before the Committees on Appropria21 tions or the Committees on Veterans’ Affairs or their sub22 committees: Provided further, That the preceding shall not 

23 apply to printed hearings released by the Committees on 

24 Appropriations or the Committees on Veterans’ Affairs: 

25 Provided further, That none of the funds appropriated in 
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1 this Act may be available to pay the salary or expenses of 

2 any employee of the Office of Management and Budget who 

3 calculates, prepares, or approves any tabular or other mate4 rial that proposes the sub-allocation of budget authority or 

5 outlays by the Committees on Appropriations among their 

6 subcommittees. 

7 OFFICE OF NATIONAL DRUG CONTROL POLICY

8 SALARIES AND EXPENSES

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses of the Office of National Drug 

11 Control Policy; for research activities pursuant to the Office 

12 of National Drug Control Policy Reauthorization Act of 

13 1998 (21 U.S.C. 1701 et seq.); not to exceed $10,000 for 

14 official reception and representation expenses; and for par15 ticipation in joint projects or in the provision of services 

16 on matters of mutual interest with nonprofit, research, or 

17 public organizations or agencies, with or without reim18 bursement, $27,996,500; of which $1,350,000 shall remain 

19 available until expended for policy research and evaluation; 

20 and $1,500,000 for the National Alliance for Model State 

21 Drug Laws: Provided, That the Office is authorized to ac22 cept, hold, administer, and utilize gifts, both real and per23 sonal, public and private, without fiscal year limitation, 

24 for the purpose of aiding or facilitating the work of the Of25 fice. 
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1 COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses for the Counterdrug Technology 

4 Assessment Center for research activities pursuant to the 

5 Office of National Drug Control Policy Reauthorization Act 

6 of 1998 (21 U.S.C. 1701 et seq.), $42,000,000, which shall 

7 remain available until expended, consisting of $18,000,000 

8 for counternarcotics research and development projects, and 

9 $24,000,000 for the continued operation of the technology 

10 transfer program: Provided, That the $18,000,000 for coun11 ternarcotics research and development projects shall be 

12 available for transfer to other Federal departments or agen13 cies. 

14 FEDERAL DRUG CONTROL PROGRAMS

15 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses of the Office of National Drug 

18 Control Policy’s High Intensity Drug Trafficking Areas 

19 Program, $226,350,000, for drug control activities con20 sistent with the approved strategy for each of the designated 

21 High Intensity Drug Trafficking Areas, of which no less 

22 than 51 percent shall be transferred to State and local enti23 ties for drug control activities, which shall be obligated 

24 within 120 days of the date of the enactment of this Act: 

25 Provided, That up to 49 percent, to remain available until 

26 September 30, 2005, may be transferred to Federal agencies 
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1 and departments at a rate to be determined by the Director, 

2 of which not less than $2,100,000 shall be used for auditing 

3 services and associated activities: Provided further, That 

4 High Intensity Drug Trafficking Areas Programs des5 ignated as of September 30, 2002, shall be funded at no 

6 less than the fiscal year 2002 initial allocation levels unless 

7 the Director submits to the Committees on Appropriations, 

8 and the Committees approve, justification for changes in 

9 those levels based on clearly articulated priorities for the 

10 High Intensity Drug Trafficking Areas Programs, as well 

11 as published Office of National Drug Control Policy per12 formance measures of effectiveness: Provided further, That 

13 a request shall be submitted to the Committees on Appro14 priations for approval prior to the expenditure of funds of 

15 an amount in excess of the fiscal year 2004 budget request: 

16 Provided further, That such request shall be made in com17 pliance with the reprogramming guidelines: Provided fur18 ther, That no funds shall be used for any further or addi19 tional consolidation of the Southwest Border High Intensity 

20 Drug Trafficking Area, except for the operation of an office 

21 with a coordinating role, until the Office submits a report 

22 on the structure of the Southwest Border High Intensity 

23 Drug Trafficking Area. 
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1 OTHER FEDERAL DRUG CONTROL PROGRAMS

2 (INCLUDING TRANSFER OF FUNDS)

3 For activities to support a national anti-drug cam4 paign for youth, and for other purposes, authorized by the 

5 Office of National Drug Control Policy Reauthorization Act 

6 of 1998 (21 U.S.C. 1701 et seq.), $174,000,000, to remain 

7 available until expended, of which the following amounts 

8 are available as follows: $100,000,000 to support a national 

9 media campaign, as authorized by the Drug-Free Media 

10 Campaign Act of 1998; $60,000,000 to continue a program 

11 of matching grants to drug-free communities, of which 

12 $1,000,000 shall be a directed grant to the Community 

13 Anti-Drug Coalitions of America for the National Commu14 nity Anti-Drug Coalition Institute, as authorized in chap15 ter 2 of the National Narcotics Leadership Act of 1988, as 

16 amended; $1,500,000 for the Counterdrug Intelligence Exec17 utive Secretariat; $2,000,000 for evaluations and research 

18 related to National Drug Control Program performance 

19 measures; $1,000,000 for the National Drug Court Institute; 

20 $7,200,000 for the United States Anti-Doping Agency for 

21 anti-doping activities; and $800,000 for the United States 

22 membership dues to the World Anti-Doping Agency: Pro23 vided, That such funds may be transferred to other Federal 

24 departments and agencies to carry out such activities. 
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1 UNANTICIPATED NEEDS

2 For expenses necessary to enable the President to meet 

3 unanticipated needs, in furtherance of the national interest, 

4 security, or defense which may arise at home or abroad dur5 ing the current fiscal year, as authorized by 3 U.S.C. 108, 

6 $1,000,000. 

7 TITLE IV—INDEPENDENT AGENCIES 

8 ARCHITECTURAL AND TRANSPORTATION BARRIERS

9 COMPLIANCE BOARD

10 SALARIES AND EXPENSES

11 For expenses necessary for the Architectural and 

12 Transportation Barriers Compliance Board, as authorized 

13 by section 502 of the Rehabilitation Act of 1973, as amend14 ed $5,401,000: Provided, That, notwithstanding any other 

15 provision of law, there may be credited to this appropria16 tion funds received for publications and training expenses. 

17 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

18 BLIND OR SEVERELY DISABLED

19 SALARIES AND EXPENSES

20 For necessary expenses of the Committee for Purchase 

21 From People Who Are Blind or Severely Disabled estab22 lished by Public Law 92–28, $4,725,000. 

23 ELECTION ASSISTANCE COMMISSION

24 For necessary expenses of the Election Assistance Com25 mission, $1,500,000,000, for providing grants to assist 
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1 State and local efforts to improve election technology and 

2 the administration of Federal elections, as authorized by 

3 the Help America Vote Act of 2002: Provided, That no more 

than 1 4 ⁄10 of 1 percent of funds available for requirements 

5 payments under Section 257 of the Help America Vote Act 

6 of 2002 shall be allocated to any territory. 

7 FEDERAL ELECTION COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses to carry out the provisions of 

10 the Federal Election Campaign Act of 1971, as amended, 

11 $50,440,000, of which not to exceed $5,000 shall be available 

12 for reception and representation expenses. 

13 FEDERAL LABOR RELATIONS AUTHORITY

14 SALARIES AND EXPENSES

15 For necessary expenses to carry out functions of the 

16 Federal Labor Relations Authority, pursuant to Reorga17 nization Plan Numbered 2 of 1978, and the Civil Service 

18 Reform Act of 1978, including services authorized by 5 

19 U.S.C. 3109, and including hire of experts and consultants, 

20 hire of passenger motor vehicles, and rental of conference 

21 rooms in the District of Columbia and elsewhere, 

22 $29,611,000: Provided, That public members of the Federal 

23 Service Impasses Panel may be paid travel expenses and 

24 per diem in lieu of subsistence as authorized by law (5 

25 U.S.C. 5703) for persons employed intermittently in the 
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1 Government service, and compensation as authorized by 5 

2 U.S.C. 3109: Provided further, That notwithstanding 31 

3 U.S.C. 3302, funds received from fees charged to non-Fed4 eral participants at labor-management relations con5 ferences shall be credited to and merged with this account, 

6 to be available without further appropriation for the costs 

7 of carrying out these conferences. 

8 FEDERAL MARITIME COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Federal Maritime Com11 mission as authorized by section 201(d) of the Merchant 

12 Marine Act, 1936, as amended (46 U.S.C. App. 1111), in13 cluding services as authorized by 5 U.S.C. 3109; hire of pas14 senger motor vehicles as authorized by 31 U.S.C. 1343(b); 

15 and uniforms or allowances therefore, as authorized by 5 

16 U.S.C. 5901–5902, $18,471,000: Provided, That not to ex17 ceed $2,000 shall be available for official reception and rep18 resentation expenses. 

19 GENERAL SERVICES ADMINISTRATION

20 REAL PROPERTY ACTIVITIES

21 FEDERAL BUILDINGS FUND

22 LIMITATIONS ON AVAILABILITY OF REVENUE

23 (INCLUDING TRANSFER OF FUNDS)

24 For an additional amount to be deposited in, and to 

25 be used for the purposes of, the Fund established pursuant 

26 to section 210(f) of the Federal Property and Administra-
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1 tive Services Act of 1949, as amended (40 U.S.C. 592), 

2 $407,000,000. The revenues and collections deposited into 

3 the Fund shall be available for necessary expenses of real 

4 property management and related activities not otherwise 

5 provided for, including operation, maintenance, and protec6 tion of federally owned and leased buildings; rental of build7 ings in the District of Columbia; restoration of leased prem8 ises; moving governmental agencies (including space adjust9 ments and telecommunications relocation expenses) in con10 nection with the assignment, allocation and transfer of 

11 space; contractual services incident to cleaning or servicing 

12 buildings, and moving; repair and alteration of federally 

13 owned buildings including grounds, approaches and appur14 tenances; care and safeguarding of sites; maintenance, pres15 ervation, demolition, and equipment; acquisition of build16 ings and sites by purchase, condemnation, or as otherwise 

17 authorized by law; acquisition of options to purchase build18 ings and sites; conversion and extension of federally owned 

19 buildings; preliminary planning and design of projects by 

20 contract or otherwise; construction of new buildings (in21 cluding equipment for such buildings); and payment of 

22 principal, interest, and any other obligations for public 

23 buildings acquired by installment purchase and purchase 

24 contract; in the aggregate amount of $6,717,247,000, of 

25 which: (1) $659,668,000 shall remain available until ex-
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1 pended for construction (including funds for sites and ex2 penses and associated design and construction services) of 

3 additional projects at the following locations: 

4 New Construction: 

5 Alabama: 

6 Anniston, United States Courthouse, 

7 $4,400,000

8 Tuscaloosa, Federal Building, 

9 $7,500,000 

10 California: 

11 Los Angeles, United States Courthouse, 

12 $50,000,000

13 San Diego, Border Station, 

14 $34,211,000 

15 Colorado: 

16 Denver Federal Center, site remedi17 ation, $6,000,000

18 Florida: 

19 Orlando, United States Courthouse, 

20 $7,200,000

21 Maine: 

22 Jackman, Border Station, $7,712,000 

23 Maryland: 

24 Montgomery County, Food and Drug 

25 Administration Consolidation, $45,000,000 
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1 Suitland, United States Census Bu2 reau, $146,451,000

3 Michigan: 

4 Detroit, Ambassador Bridge Border 

5 Station, $25,387,000 

6 New York: 

7 Champlain, Border Station, 

8 $31,031,000 

9 North Carolina: 

10 Charlotte, United States Courthouse, 

11 $8,500,000

12 Ohio: 

13 Toledo, United States Courthouse, 

14 $6,500,000

15 Pennsylvania: 

16 Harrisburg, PA, United States Court17 house, $26,000,000 

18 South Carolina: 

19 Greenville, United States Courthouse, 

20 $11,000,000

21 Texas: 

22 Del Rio, Border Station, $23,966,000 

23 Eagle Pass, Border Station, 

24 $31,980,000 
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1 Houston, Federal Bureau of Investiga2 tion, $58,080,000 

3 McAllen, Border Station, $17,938,000 

4 San Antonio, United States Court5 house, $8,000,000

6 Virginia: 

7 Richmond, United States Courthouse, 

8 $83,000,000

9 Washington: 

10 Blaine, Border Station, $9,812,000

11 Nonprospectus Construction, $10,000,000: 

12 Provided, That each of the foregoing limits of costs on new 

13 construction projects may be exceeded to the extent that sav14 ings are effected in other such projects, but not to exceed 

15 10 percent of the amounts included in an approved pro16 spectus, if required, unless advance approval is obtained 

17 from the Committees on Appropriations of a greater 

18 amount: Provided further, That all funds for direct con19 struction projects shall expire on September 30, 2005, and 

20 remain in the Federal Buildings Fund except for funds for 

21 projects as to which funds for design or other funds have 

22 been obligated in whole or in part prior to such date; (2) 

23 $1,000,939,000 shall remain available until expended for 

24 repairs and alterations, which includes associated design 

25 and construction services: Provided further, That funds in 
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1 the Federal Buildings Fund for Repairs and Alterations 

2 shall, for prospectus projects, be limited to the amount by 

3 project, as follows, except each project may be increased by 

4 an amount not to exceed 10 percent unless advance ap5 proval is obtained from the Committees on Appropriations 

6 of a greater amount: 

7 Repairs and Alterations: 

8 Colorado: 

9 Denver, Byron G. Rogers Federal 

10 Building—Courthouse, $39,436,000 

11 District of Columbia: 

12 320 First Street, $7,485,000 

13 Eisenhower Executive Office Building, 

14 $65,757,000

15 Federal Office Building 8, 

16 $134,872,000 

17 Main Interior Building, $15,603,000 

18 Fire & Life Safety, $68,188,000 

19 Georgia: 

20 Atlanta, Richard B. Russell Federal 

21 Building, $32,173,000 

22 Illinois: 

23 Chicago, Dirksen Courthouse & 

24 Kluczynski Federal Building, $24,056,000 
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1 Springfield, Paul H. Findley Federal 

2 Building—Courthouse, $6,183,000 

3 Indiana: 

4 Terra Haute Federal Building—Post 

5 Office, $4,600,000

6 Massachusetts: 

7 Boston, John W. McCormack Post Of8 fice and Courthouse, $73,037,000 

9 New York: 

10 Brooklyn, Emanuel Celler Courthouse, 

11 $65,511,000

12 North Dakota: 

13 Fargo, Federal Building—Post Office, 

14 $5,801,000

15 Ohio: 

16 Columbus, John W. Bricker Federal 

17 Building, $10,707,000 

18 Washington: 

19 Auburn, Building 7, Auburn Federal 

20 Building, $18,315,000 

21 Bellingham, Federal Building, 

22 $2,610,000

23 Seattle, Henry M. Jackson Federal 

24 Building, $6,868,000 

25 Special Emphasis Programs: 
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1 Chlorofluorocarbons Program, $5,000,000 

2 Energy Program, $5,000,000 

3 Glass Fragmentation Program, $20,000,000 

4 Design Program, $34,737,000

5 Basic Repairs and Alterations, 

6 $355,000,000: 

7 Provided further, That funds made available in any pre8 vious Act in the Federal Buildings Fund for Repairs and 

9 Alterations shall, for prospectus projects, be limited to the 

10 amount identified for each project, except each project in 

11 any previous Act may be increased by an amount not to 

12 exceed 10 percent unless advance approval is obtained from 

13 the Committees on Appropriations of a greater amount: 

14 Provided further, That additional projects for which 

15 prospectuses have been fully approved may be funded under 

16 this category only if advance approval is obtained from the 

17 Committees on Appropriations: Provided further, That the 

18 amounts provided in this or any prior Act for ‘‘Repairs 

19 and Alterations’’ may be used to fund costs associated with 

20 implementing security improvements to buildings necessary 

21 to meet the minimum standards for security in accordance 

22 with current law and in compliance with the reprogram23 ming guidelines of the appropriate Committees of the House 

24 and Senate: Provided further, That the difference between 

25 the funds appropriated and expended on any projects in 
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1 this or any prior Act, under the heading ‘‘Repairs and Al2 terations’’, may be transferred to Basic Repairs and Alter3 ations or used to fund authorized increases in prospectus 

4 projects: Provided further, That all funds for repairs and 

5 alterations prospectus projects shall expire on September 

6 30, 2005 and remain in the Federal Buildings Fund except 

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: Provided further, That the amount provided in this 

10 or any prior Act for Basic Repairs and Alterations may 

11 be used to pay claims against the Government arising from 

12 any projects under the heading ‘‘Repairs and Alterations’’ 

13 or used to fund authorized increases in prospectus projects: 

14 Provided further, That the funds available herein for re15 pairs to the Bellingham, Washington, Federal Building, 

16 shall be available for transfer to the city of Bellingham, 

17 Washington, subject to disposal of the building to the city; 

18 (3) $169,745,000 for installment acquisition payments in19 cluding payments on purchase contracts which shall remain 

20 available until expended; (4) $3,278,187,000 for rental of 

21 space which shall remain available until expended; and (5) 

22 $1,608,708,000 for building operations which shall remain 

23 available until expended: Provided further, That funds 

24 available to the General Services Administration shall not 

25 be available for expenses of any construction, repair, alter-
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1 ation and acquisition project for which a prospectus, if re2 quired by the Public Buildings Act of 1959, as amended, 

3 has not been approved, except that necessary funds may be 

4 expended for each project for required expenses for the devel5 opment of a proposed prospectus: Provided further, That 

6 funds available in the Federal Buildings Fund may be ex7 pended for emergency repairs when advance approval is ob8 tained from the Committees on Appropriations: Provided 

9 further, That amounts necessary to provide reimbursable 

10 special services to other agencies under section 210(f)(6) of 

11 the Federal Property and Administrative Services Act of 

12 1949, as amended (40 U.S.C. 592(b)(2)) and amounts to 

13 provide such reimbursable fencing, lighting, guard booths, 

14 and other facilities on private or other property not in Gov15 ernment ownership or control as may be appropriate to en16 able the United States Secret Service to perform its protec17 tive functions pursuant to 18 U.S.C. 3056, shall be avail18 able from such revenues and collections: Provided further, 

19 That revenues and collections and any other sums accruing 

20 to this Fund during fiscal year 2004, excluding reimburse21 ments under section 210(f)(6) of the Federal Property and 

22 Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) 

23 in excess of $6,717,247,000 shall remain in the Fund and 

24 shall not be available for expenditure except as authorized 

25 in appropriations Acts. 
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1 GENERAL ACTIVITIES

2 GOVERNMENT-WIDE POLICY

3 For expenses authorized by law, not otherwise provided 

4 for, for Government-wide policy and evaluation activities 

5 associated with the management of real and personal prop6 erty assets and certain administrative services; Govern7 ment-wide policy support responsibilities relating to acqui8 sition, telecommunications, information technology man9 agement, and related technology activities; and services as 

10 authorized by 5 U.S.C. 3109, $61,781,000. 

11 OPERATING EXPENSES

12 For expenses authorized by law, not otherwise provided 

13 for, for Government-wide activities associated with utiliza14 tion and donation of surplus personal property; disposal 

15 of real property; telecommunications, information tech16 nology management, and related technology activities; pro17 viding citizens with Internet access to Federal information 

18 and services; agency-wide policy direction and manage19 ment, and Board of Contract Appeals; accounting, records 

20 management, and other support services incident to adju21 dication of Indian Tribal Claims by the United States 

22 Court of Federal Claims; services as authorized by 5 U.S.C. 

23 3109; and not to exceed $7,500 for official reception and 

24 representation expenses, $85,083,000. 
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector Gen3 eral and services authorized by 5 U.S.C. 3109, $39,169,000: 

4 Provided, That not to exceed $15,000 shall be available for 

5 payment for information and detection of fraud against the 

6 Government, including payment for recovery of stolen Gov7 ernment property: Provided further, That not to exceed 

8 $2,500 shall be available for awards to employees of other 

9 Federal agencies and private citizens in recognition of ef10 forts and initiatives resulting in enhanced Office of Inspec11 tor General effectiveness. 

12 ELECTRONIC GOVERNMENT (E-GOV) FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses in support of interagency 

15 projects that enable the Federal Government to expand its 

16 ability to conduct activities electronically, through the de17 velopment and implementation of innovative uses of the 

18 Internet and other electronic methods, $5,000,000, to re19 main available until expended: Provided, That these funds 

20 may be transferred to Federal agencies to carry out the pur21 poses of the Fund: Provided further, That this transfer au22 thority shall be in addition to any other transfer authority 

23 provided in this Act: Provided further, That such transfers 

24 may not be made until 10 days after a proposed spending 

25 plan and justification for each project to be undertaken has 

26 been submitted to the Committees on Appropriations. 
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1 ALLOWANCES AND OFFICE STAFF FOR FORMER

2 PRESIDENTS

3 (INCLUDING TRANSFER OF FUNDS)

4 For carrying out the provisions of the Act of August 

5 25, 1958, as amended (3 U.S.C. 102 note), and Public Law 

6 95–138, $3,393,000: Provided, That the Administrator of 

7 General Services shall transfer to the Secretary of the Treas8 ury such sums as may be necessary to carry out the provi9 sions of such Acts. 

10 GENERAL SERVICES ADMINISTRATION—GENERAL

11 PROVISIONS

12 SEC. 401. The appropriate appropriation or fund 

13 available to the General Services Administration shall be 

14 credited with the cost of operation, protection, maintenance, 

15 upkeep, repair, and improvement, included as part of rent16 als received from Government corporations pursuant to law 

17 (40 U.S.C. 129). 

18 SEC. 402. Funds available to the General Services Ad19 ministration shall be available for the hire of passenger 

20 motor vehicles. 

21 SEC. 403. Funds in the Federal Buildings Fund made 

22 available for fiscal year 2004 for Federal Buildings Fund 

23 activities may be transferred between such activities only 

24 to the extent necessary to meet program requirements: Pro25 vided, That any proposed transfers shall be approved in ad26 vance by the Committees on Appropriations. 
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1 SEC. 404. No funds made available by this Act shall 

2 be used to transmit a fiscal year 2005 request for United 

3 States Courthouse construction that: (1) does not meet the 

4 design guide standards for construction as established and 

5 approved by the General Services Administration, the Judi6 cial Conference of the United States, and the Office of Man7 agement and Budget; and (2) does not reflect the priorities 

8 of the Judicial Conference of the United States as set out 

9 in its approved 5-year construction plan: Provided, That 

10 the fiscal year 2005 request must be accompanied by a 

11 standardized courtroom utilization study of each facility to 

12 be constructed, replaced, or expanded. 

13 SEC. 405. None of the funds provided in this Act may 

14 be used to increase the amount of occupiable square feet, 

15 provide cleaning services, security enhancements, or any 

16 other service usually provided through the Federal Build17 ings Fund, to any agency that does not pay the rate per 

18 square foot assessment for space and services as determined 

19 by the General Services Administration in compliance with 

20 the Public Buildings Amendments Act of 1972 (Public Law 

21 92–313). 

22 SEC. 406. Funds provided to other Government agen23 cies by the Information Technology Fund, General Services 

24 Administration, under section 110 of the Federal Property 

25 and Administrative Services Act of 1949 (40 U.S.C. 757) 
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1 and sections 5124(b) and 5128 of the Clinger-Cohen Act of 

2 1996 (40 U.S.C. 1424(b) and 1428), for performance of 

3 pilot information technology projects which have potential 

4 for Government-wide benefits and savings, may be repaid 

5 to this Fund from any savings actually incurred by these 

6 projects or other funding, to the extent feasible. 

7 SEC. 407. From funds made available under the head8 ing ‘‘Federal Buildings Fund, Limitations on Availability 

9 of Revenue’’, claims against the Government of less than 

10 $250,000 arising from direct construction projects and ac11 quisition of buildings may be liquidated from savings ef12 fected in other construction projects with prior notification 

13 to the Committees on Appropriations. 

14 SEC. 408. (a) Notwithstanding any other provision of 

15 law, the Administrator of General Services is authorized to 

16 acquire, under such terms and conditions as he deems to 

17 be in the interests of the United States, approximately 27 

18 acres of land, identified as Site 7 and located at 234 Cor19 porate Drive, Pease International Tradeport, Portsmouth, 

20 NH 03801, as a site for the public building needs of the 

21 Federal Government, and to design and construct upon the 

22 site a new Federal Office Building of approximately 98,000 

23 gross square feet: Provided, That the Administrator shall 

24 not acquire any property under this subsection until the 

25 Administrator determines that the property is in compli-
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1 ance with applicable environmental laws, and that the 

2 property is suitable and available for use as a site to house 

3 the Federal agencies presently located in the Thomas J. 

4 McIntyre Federal Building. 

5 (b) For the site acquisition, design, construction, and 

6 relocation, $11,149,000 shall be available from funds pre7 viously provided under the heading ‘‘General Services Ad8 ministration, Real Property Activities, Federal Buildings 

9 Fund’’ in Public Law 108–7 for repairs and alterations 

10 to the Thomas J. McIntyre Federal Building in Ports11 mouth, New Hampshire, which was included in the plan 

12 for expenditure of repairs and alterations funds as required 

13 by accompanying House Report 108–10. 

14 (c) For any additional costs of construction, manage15 ment and inspection of the new facility to house the Federal 

16 agencies relocated from the McIntyre Federal Office Build17 ing, and for the costs of relocating the Federal agencies oc18 cupying the McIntyre Federal Office Building, $13,669,000 

19 shall be deposited into the Federal Buildings Fund (40 

20 U.S.C. 592) from the General Fund; which amount, together 

21 with the amount set forth in subsection (b) of this section 

22 shall remain available until expended and shall be subject 

23 to such escalation and reprogramming authorities available 

24 to the Administrator for any other new construction 
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1 projects under the heading ‘‘Federal Building Fund Limita2 tions on Availability of Revenue’’. 

3 (d) The Administrator is authorized and directed to 

4 convey, without consideration, the Thomas J. McIntyre 

5 Federal Office Building to the City of Portsmouth, New 

6 Hampshire for economic development purposes subject to 

7 the following conditions: (i) that all Federal agencies cur8 rently occupying the McIntyre Building except the United 

9 States Postal Service are completely relocated to the new 

10 Federal Building for so long as those agencies have con11 tinuing mission needs for that new location, (ii) that the 

12 requirements of the McKinney-Vento Homeless Assistance 

13 Act (42 U.S.C. 11411 et seq.) shall not apply to this convey14 ance; and (iii) that the Administrator may include in the 

15 conveyance documents such terms and conditions as the Ad16 ministrator determines in the best interest of the United 

17 States. 

18 MERIT SYSTEMS PROTECTION BOARD

19 SALARIES AND EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses to carry out functions of the 

22 Merit Systems Protection Board pursuant to Reorganiza23 tion Plan Numbered 2 of 1978 and the Civil Service Reform 

24 Act of 1978, including services as authorized by 5 U.S.C. 

25 3109, rental of conference rooms in the District of Columbia 

26 and elsewhere, hire of passenger motor vehicles, and direct 
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1 procurement of survey printing, $32,877,000 together with 

2 not to exceed $2,626,000 for administrative expenses to ad3 judicate retirement appeals to be transferred from the Civil 

4 Service Retirement and Disability Fund in amounts deter5 mined by the Merit Systems Protection Board. 

6 MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN

7 NATIONAL ENVIRONMENTAL POLICY FOUNDATION

8 MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN

9 NATIONAL ENVIRONMENTAL POLICY TRUST FUND

10 For payment to the Morris K. Udall Scholarship and 

11 Excellence in National Environmental Policy Trust Fund, 

12 pursuant to the Morris K. Udall Scholarship and Excellence 

13 in National Environmental and Native American Public 

14 Policy Act of 1992 (20 U.S.C. 5601 et seq.), $1,996,000, 

15 to remain available until expended: Provided, That up to 

16 60 percent of such funds may be transferred by the Morris 

17 K. Udall Scholarship and Excellence in National Environ18 mental Policy Foundation for the necessary expenses of the 

19 Native Nations Institute. 

20 ENVIRONMENTAL DISPUTE RESOLUTION FUND

21 For payment to the Environmental Dispute Resolution 

22 Fund to carry out activities authorized in the Environ23 mental Policy and Conflict Resolution Act of 1998, 

24 $1,309,000, to remain available until expended. 
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1 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

2 OPERATING EXPENSES

3 For necessary expenses in connection with the admin4 istration of the National Archives (including the Informa5 tion Security Oversight Office) and archived Federal 

6 records and related activities, as provided by law, and for 

7 expenses necessary for the review and declassification of 

8 documents, and for the hire of passenger motor vehicles, 

9 $258,191,000: Provided, That the Archivist of the United 

10 States is authorized to use any excess funds available from 

11 the amount borrowed for construction of the National Ar12 chives facility, for expenses necessary to provide adequate 

13 storage for holdings. 

14 REPAIRS AND RESTORATION

15 For the repair, alteration, and improvement of ar16 chives facilities, and to provide adequate storage for hold17 ings, $13,483,000, to remain available until expended, of 

18 which $2,025,000 is for land acquisition for a site in An19 chorage, Alaska to construct a new regional archives and 

20 records facility and of which $5,000,000 is for the repair 

21 and restoration of the plaza that surrounds the Lyndon 

22 Baines Johnson Presidential Library and that is under the 

23 joint control and custody of the University of Texas: Pro24 vided, That such funds may be transferred directly to the 

25 University and used, together with University funds, for re26 pair and restoration of the plaza and remain available 
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1 until expended for this purpose: Provided further, That the 

2 same transfer authority shall extend to funds previously ap3 propriated in Public Law 108–7 for this purpose. 

4 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

5 COMMISSION

6 GRANTS PROGRAM

7 For necessary expenses for allocations and grants for 

8 historical publications and records as authorized by 44 

9 U.S.C. 2504, as amended, $5,000,000, to remain available 

10 until expended. 

11 NATIONAL TRANSPORTATION SAFETY BOARD

12 SALARIES AND EXPENSES

13 For necessary expenses of the National Transportation 

14 Safety Board, including hire of passenger motor vehicles 

15 and aircraft; services as authorized by 5 U.S.C. 3109, but 

16 at rates for individuals not to exceed the per diem rate 

17 equivalent to the rate for a GS–15; uniforms, or allowances 

18 therefor, as authorized by law (5 U.S.C. 5901–5902) 

19 $72,170,000, of which not to exceed $2,000 may be used for 

20 official reception and representation expenses. 

21 EMERGENCY FUND

22 For necessary expenses of the National Transportation 

23 Safety Board for accident investigations, $600,000, to re24 main available until expended: Provided, That these funds 

25 shall be available only to the extent necessary to restore the 
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1 balance of the emergency fund to $2,000,000 (29 U.S.C. 

2 1118 (b)). 

3 OFFICE OF GOVERNMENT ETHICS

4 SALARIES AND EXPENSES

5 For necessary expenses to carry out functions of the 

6 Office of Government Ethics pursuant to the Ethics in Gov7 ernment Act of 1978, as amended and the Ethics Reform 

8 Act of 1989, including services as authorized by 5 U.S.C. 

9 3109, rental of conference rooms in the District of Columbia 

10 and elsewhere, hire of passenger motor vehicles, and not to 

11 exceed $1,500 for official reception and representation ex12 penses, $10,738,000. 

13 OFFICE OF PERSONNEL MANAGEMENT

14 SALARIES AND EXPENSES

15 (INCLUDING TRANSFER OF TRUST FUNDS)

16 For necessary expenses to carry out functions of the 

17 Office of Personnel Management pursuant to Reorganiza18 tion Plan Numbered 2 of 1978 and the Civil Service Reform 

19 Act of 1978, including services as authorized by 5 U.S.C. 

20 3109; medical examinations performed for veterans by pri21 vate physicians on a fee basis; rental of conference rooms 

22 in the District of Columbia and elsewhere; hire of passenger 

23 motor vehicles; not to exceed $2,500 for official reception 

24 and representation expenses; advances for reimbursements 

25 to applicable funds of the Office of Personnel Management 

26 and the Federal Bureau of Investigation for expenses in-
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1 curred under Executive Order No. 10422 of January 9, 

2 1953, as amended; and payment of per diem and/or subsist3 ence allowances to employees where Voting Rights Act ac4 tivities require an employee to remain overnight at his or 

5 her post of duty, $118,748,000, of which $2,000,000 shall 

6 remain available until expended for the cost of the enter7 prise human resources integration project, and $2,500,000 

8 shall remain available until expended for the cost of leading 

9 the government-wide initiative to modernize the Federal 

10 payroll systems and service delivery and $2,500,000 shall 

11 remain available through September 30, 2005 to coordinate 

12 and conduct program evaluation and performance measure13 ment; and in addition $135,914,000 for administrative ex14 penses, to be transferred from the appropriate trust funds 

15 of the Office of Personnel Management without regard to 

16 other statutes, including direct procurement of printed ma17 terials, for the retirement and insurance programs, of which 

18 $36,700,000 shall remain available until expended for the 

19 cost of automating the retirement recordkeeping systems: 

20 Provided, That the provisions of this appropriation shall 

21 not affect the authority to use applicable trust funds as pro22 vided by sections 8348(a)(1)(B), 8909(g), and 9004(f)(1)(A) 

23 and (2)(A) of title 5, United States Code: Provided further, 

24 That no part of this appropriation shall be available for 

25 salaries and expenses of the Legal Examining Unit of the 
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1 Office of Personnel Management established pursuant to 

2 Executive Order No. 9358 of July 1, 1943, or any successor 

3 unit of like purpose: Provided further, That the President’s 

4 Commission on White House Fellows, established by Execu5 tive Order No. 11183 of October 3, 1964, may, during fiscal 

6 year 2004, accept donations of money, property, and per7 sonal services in connection with the development of a pub8 licity brochure to provide information about the White 

9 House Fellows, except that no such donations shall be ac10 cepted for travel or reimbursement of travel expenses, or for 

11 the salaries of employees of such Commission. 

12 OFFICE OF INSPECTOR GENERAL

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFER OF TRUST FUNDS)

15 For necessary expenses of the Office of Inspector Gen16 eral in carrying out the provisions of the Inspector General 

17 Act, as amended, including services as authorized by 5 

18 U.S.C. 3109, hire of passenger motor vehicles, $1,498,000, 

19 and in addition, not to exceed $14,427,000 for administra20 tive expenses to audit, investigate, and provide other over21 sight of the Office of Personnel Management’s retirement 

22 and insurance programs, to be transferred from the appro23 priate trust funds of the Office of Personnel Management, 

24 as determined by the Inspector General: Provided, That the 

25 Inspector General is authorized to rent conference rooms in 

26 the District of Columbia and elsewhere. 
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1 GOVERNMENTPAYMENTFOR ANNUITANTS, EMPLOYEES

2 HEALTH BENEFITS

3 For payment of Government contributions with re4 spect to retired employees, as authorized by chapter 89 of 

5 title 5, United States Code, and the Retired Federal Em6 ployees Health Benefits Act (74 Stat. 849), as amended, 

7 such sums as may be necessary. 

8 GOVERNMENTPAYMENTFOR ANNUITANTS, EMPLOYEE LIFE

9 INSURANCE

10 For payment of Government contributions with respect 

11 to employees retiring after December 31, 1989, as required 

12 by chapter 87 of title 5, United States Code, such sums as 

13 may be necessary. 

14 PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY

15 FUND

16 For financing the unfunded liability of new and in17 creased annuity benefits becoming effective on or after Octo18 ber 20, 1969, as authorized by 5 U.S.C. 8348, and annuities 

19 under special Acts to be credited to the Civil Service Retire20 ment and Disability Fund, such sums as may be necessary: 

21 Provided, That annuities authorized by the Act of May 29, 

22 1944, as amended, and the Act of August 19, 1950, as 

23 amended (33 U.S.C. 771–775), may hereafter be paid out 

24 of the Civil Service Retirement and Disability Fund. 
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1 OFFICE OF SPECIAL COUNSEL

2 SALARIES AND EXPENSES

3 For necessary expenses to carry out functions of the 

4 Office of Special Counsel pursuant to Reorganization Plan 

5 Numbered 2 of 1978, the Civil Service Reform Act of 1978 

6 (Public Law 95–454), as amended, the Whistleblower Pro7 tection Act of 1989 (Public Law 101–12), as amended, Pub8 lic Law 103–424, and the Uniformed Services Employment 

9 and Reemployment Act of 1994 (Public Law 103–353), in10 cluding services as authorized by 5 U.S.C. 3109, payment 

11 of fees and expenses for witnesses, rental of conference rooms 

12 in the District of Columbia and elsewhere, and hire of pas13 senger motor vehicles; $13,504,000. 

14 UNITED STATES POSTAL SERVICE

15 PAYMENT TO THE POSTAL SERVICE FUND

16 For payment to the Postal Service Fund for revenue 

17 forgone on free and reduced rate mail, pursuant to sub18 sections (c) and (d) of section 2401 of title 39, United States 

19 Code, $65,521,000, of which $36,521,000 shall not be avail20 able for obligation until October 1, 2004: Provided, That 

21 mail for overseas voting and mail for the blind shall con22 tinue to be free: Provided further, That 6-day delivery and 

23 rural delivery of mail shall continue at not less than the 

24 1983 level: Provided further, That none of the funds made 

25 available to the Postal Service by this Act shall be used to 
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1 implement any rule, regulation, or policy of charging any 

2 officer or employee of any State or local child support en3 forcement agency, or any individual participating in a 

4 State or local program of child support enforcement, a fee 

5 for information requested or provided concerning an ad6 dress of a postal customer: Provided further, That none of 

7 the funds provided in this Act shall be used to consolidate 

8 or close small rural and other small post offices in fiscal 

9 year 2004. 

10 UNITED STATES TAX COURT

11 SALARIES AND EXPENSES

12 For necessary expenses, including contract reporting 

13 and other services as authorized by 5 U.S.C. 3109, 

14 $40,187,000: Provided, That travel expenses of the judges 

15 shall be paid upon the written certificate of the judge. 

16 WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT

17 OF REMEMBRANCE

18 For necessary expenses of the White House Commission 

19 on the National Moment of Remembrance, $250,000. 

20 TITLE V—GENERAL PROVISIONS 

21 THIS ACT

22 (INCLUDING TRANSFERS OF FUNDS)

23 SEC. 501. During the current fiscal year applicable 

24 appropriations to the Department of Transportation shall 

25 be available for maintenance and operation of aircraft; hire 
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1 of passenger motor vehicles and aircraft; purchase of liabil2 ity insurance for motor vehicles operating in foreign coun3 tries on official department business; and uniforms, or al4 lowances therefor, as authorized by law (5 U.S.C. 5901–

5 5902). 

6 SEC. 502. Such sums as may be necessary for fiscal 

7 year 2004 pay raises for programs funded in this Act shall 

8 be absorbed within the levels appropriated in this Act or 

9 previous appropriations Acts. 

10 SEC. 503. Appropriations contained in this Act for the 

11 Department of Transportation shall be available for services 

12 as authorized by 5 U.S.C. 3109, but at rates for individuals 

13 not to exceed the per diem rate equivalent to the rate for 

14 an Executive Level IV. 

15 SEC. 504. None of the funds in this Act shall be avail16 able for salaries and expenses of more than 106 political 

17 and Presidential appointees in the Department of Trans18 portation: Provided, That none of the personnel covered by 

19 this provision or political and Presidential appointees in 

20 an independent agency funded in this Act may be assigned 

21 on temporary detail outside the Department of Transpor22 tation or such independent agency. 

23 SEC. 505. None of the funds in this Act shall be used 

24 for the planning or execution of any program to pay the 

25 expenses of, or otherwise compensate, non-Federal parties 
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1 intervening in regulatory or adjudicatory proceedings fund2 ed in this Act. 

3 SEC. 506. None of the funds appropriated in this Act 

4 shall remain available for obligation beyond the current fis5 cal year, nor may any be transferred to other appropria6 tions, unless expressly so provided herein. 

7 SEC. 507. The expenditure of any appropriation under 

8 this Act for any consulting service through procurement 

9 contract pursuant to section 3109 of title 5, United States 

10 Code, shall be limited to those contracts where such expendi11 tures are a matter of public record and available for public 

12 inspection, except where otherwise provided under existing 

13 law, or under existing Executive order issued pursuant to 

14 existing law. 

15 SEC. 508. None of the funds in this Act shall be used 

16 to implement section 404 of title 23, United States Code. 

17 SEC. 509. (a) No recipient of funds made available in 

18 this Act shall disseminate personal information (as defined 

19 in 18 U.S.C. 2725(3)) obtained by a State department of 

20 motor vehicles in connection with a motor vehicle record 

21 as defined in 18 U.S.C. 2725(1), except as provided in 18 

22 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. 

23 (b) Notwithstanding subsection (a), the Secretary shall 

24 not withhold funds provided in this Act for any grantee 

25 if a State is in noncompliance with this provision. 
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1 SEC. 510. Funds received by the Federal Highway Ad2 ministration, Federal Transit Administration, and Federal 

3 Railroad Administration from States, counties, municipali4 ties, other public authorities, and private sources for ex5 penses incurred for training may be credited respectively 

6 to the Federal Highway Administration’s ‘‘Federal-Aid 

7 Highways’’ account, the Federal Transit Administration’s 

8 ‘‘Transit Planning and Research’’ account, and to the Fed9 eral Railroad Administration’s ‘‘Safety and Operations’’ 

10 account, except for State rail safety inspectors participating 

11 in training pursuant to 49 U.S.C. 20105. 

12 SEC. 511. Notwithstanding any other provision of law, 

13 rule or regulation, the Secretary of Transportation is au14 thorized to allow the issuer of any preferred stock heretofore 

15 sold to the Department to redeem or repurchase such stock 

16 upon the payment to the Department of an amount deter17 mined by the Secretary. 

18 SEC. 512. None of the funds in title I of this Act may 

19 be used to make a grant unless the Secretary of Transpor20 tation, or the Secretary of the department in which the 

21 Transportation Security Administration is operating, noti22 fies the House and Senate Committees on Appropriations 

23 not less than 3 full business days before any discretionary 

24 grant award, letter of intent, or full funding grant agree25 ment totaling $1,000,000 or more is announced by the de-
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1 partment or its modal administrations from: (1) any dis2 cretionary grant program of the Federal Highway Admin3 istration other than the emergency relief program; (2) the 

4 airport improvement program of the Federal Aviation Ad5 ministration; or (3) any program of the Federal Transit 

6 Administration other than the formula grants and fixed 

7 guideway modernization programs: Provided, That no noti8 fication shall involve funds that are not available for obliga9 tion. 

10 SEC. 513. Rebates, refunds, incentive payments, minor 

11 fees and other funds received by the Department of Trans12 portation from travel management centers, charge card pro13 grams, the subleasing of building space, and miscellaneous 

14 sources are to be credited to appropriations of the Depart15 ment of Transportation and allocated to elements of the De16 partment of Transportation using fair and equitable cri17 teria and such funds shall be available until expended. 

18 SEC. 514. None of the funds in this Act may be obli19 gated for the Office of the Secretary of Transportation to 

20 approve assessments or reimbursable agreements pertaining 

21 to funds appropriated to the modal administrations in this 

22 Act, except for activities underway on the date of enactment 

23 of this Act, unless such assessments or agreements have com24 pleted the normal reprogramming process for Congressional 

25 notification. 
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1 SEC. 515. Funds appropriated or limited in title I of 

2 this Act shall be subject to the terms and conditions stipu3 lated in section 350 of Public Law 107–87, including that 

4 the Secretary submit a report to the House and Senate Ap5 propriations Committees annually on the safety and secu6 rity of transportation into the United States by Mexico7 domiciled motor carriers. 

8 SEC. 516. None of the funds made available in this 

9 Act may be transferred to any department, agency, or in10 strumentality of the United States Government, except pur11 suant to a transfer made by, or transfer authority provided 

12 in, this Act or any other appropriations Act. 

13 SEC. 517. Funds provided in this Act for the Working 

14 Capital Fund shall be reduced by $17,816,000, which limits 

15 fiscal year 2004 Working Capital Fund obligational au16 thority for elements of the Department of Transportation 

17 funded in this Act to no more than $98,899,000: Provided, 

18 That such reductions from the budget request shall be allo19 cated by the Department of Transportation to each appro20 priations account in proportion to the amount included in 

21 each account for the Working Capital Fund. 

22 SEC. 518. AMENDMENTS TO PRIOR SURFACE TRANS23 PORTATION LAWS. (a) ISTEA HIGH PRIORITY COR24 RIDORS.—
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1 (1) Section 1105(c) of the Intermodal Surface 

2 Transportation Efficiency Act of 1991 (105 Stat. 

3 2032–2033) as amended, is further amended by in4 serting after paragraph (44) the following: 

5 ‘‘(45) U.S. 78 from Tupelo, Mississippi, to Mem6 phis, Tennessee.’’. 

7 (2) Section 1105(e)(5)(A) of such Act as amended is 

8 further amended by striking ‘‘and subsection (c)(42)’’ and 

9 inserting after ‘‘(c)(40),’’ the following: ‘‘in subsection 

10 (c)(42), and in subsection (c)(45)’’. 

11 (3) Section 1105(e)(5)(B)(i) of such Act is amended 

12 by adding at the end the following: ‘‘The portion of the route 

13 referred to in subsection (c)(45) and the portion of the route 

14 referred to in subsection (c)(42) between Tupelo, Mis15 sissippi, and Birmingham, Alabama, are designated as 

16 Interstate Route I–22.’’. 

17 SEC. 519. Amounts made available in this or any other 

18 Act that the Secretary determines represent improper pay19 ments by the Department of Transportation to a third 

20 party contractor under a financial assistance award, which 

21 are recovered pursuant to law, shall be available—

22 (1) to reimburse the actual expenses incurred by 

23 the Department of Transportation in recovering im24 proper payments; and 
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1 (2) to pay contractors for services provided in re2 covering improper payments: Provided, That amounts 

3 in excess of that required for paragraphs (1) and 

4 (2)—

5 (A) shall be credited to and merged with the 

6 appropriation from which the improper pay7 ments were made, and shall be available for the 

8 purposes and period for which such appropria9 tions are available; or 

10 (B) if no such appropriation remains avail11 able, shall be deposited in the Treasury as mis12 cellaneous receipts: Provided, That prior to the 

13 transfer of any such recovery to an appropria14 tions account, the Secretary shall notify the 

15 House and Senate Committees on Appropria16 tions of the amount and reasons for such trans17 fer: Provided further, That for purposes of this 

18 section, the term ‘‘improper payments’’, has the 

19 same meaning as that provided in section 

20 2(d)(2) of Public Law 107–300. 

21 SEC. 520. The Secretary of Transportation is author22 ized to transfer the unexpended balances available for the 

23 bonding assistance program from ‘‘Office of the Secretary, 

24 Salaries and expenses’’ to ‘‘Minority Business Outreach’’. 
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1 SEC. 521. The expenditure of any appropriation under 

2 this Act for any consulting service through procurement 

3 contract, pursuant to 5 U.S.C. 3109, shall be limited to 

4 those contracts where such expenditures are a matter of pub5 lic record and available for public inspection, except where 

6 otherwise provided under existing law, or under existing 

7 Executive order issued pursuant to existing law. 

8 SEC. 522. In conducting the rulemaking mandated by 

9 Section 352 of Public Law 108–7, the Department of Trans10 portation and any other agencies involved in the rule11 making shall ensure that the proposed rules fully and accu12 rately reflect the findings in the General Accounting Office. 

13 The study concerns the adequacy of the Department’s proce14 dures used prior to the passage of Public Law 108–7 in 

15 order to ensure the security of facilities and activities de16 scribed in Section 352. 

17 SEC. 523. No part of any appropriation contained in 

18 this Act shall be available to pay the salary for any person 

19 filling a position, other than a temporary position, formerly 

20 held by an employee who has left to enter the Armed Forces 

21 of the United States and has satisfactorily completed his 

22 period of active military or naval service, and has within 

23 90 days after his release from such service or from hos24 pitalization continuing after discharge for a period of not 

25 more than 1 year, made application for restoration to his 
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1 former position and has been certified by the Office of Per2 sonnel Management as still qualified to perform the duties 

3 of his former position and has not been restored thereto. 

4 SEC. 524. No funds appropriated pursuant to this Act 

5 may be expended by an entity unless the entity agrees that 

6 in expending the assistance the entity will comply with sec7 tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 

8 10a–10c, popularly known as the ‘‘Buy America Act’’). 

9 SEC. 525. (a) PURCHASE OF AMERICAN-MADE EQUIP10 MENTAND PRODUCTS.—In the case of any equipment or 

11 products that may be authorized to be purchased with fi12 nancial assistance provided under this Act, it is the sense 

13 of the Congress that entities receiving such assistance 

14 should, in expending the assistance, purchase only Amer15 ican-made equipment and products. 

16 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro17 viding financial assistance under this Act, the Secretary of 

18 the Treasury shall provide to each recipient of the assistance 

19 a notice describing the statement made in subsection (a) 

20 by the Congress. 

21 SEC. 526. If it has been finally determined by a court 

22 or Federal agency that any person intentionally affixed a 

23 label bearing a ‘‘Made in America’’ inscription, or any in24 scription with the same meaning, to any product sold in 

25 or shipped to the United States that is not made in the 
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1 United States, such person shall be ineligible to receive any 

2 contract or subcontract made with funds provided pursuant 

3 to this Act, pursuant to the debarment, suspension, and in4 eligibility procedures described in sections 9.400 through 

5 9.409 of title 48, Code of Federal Regulations. 

6 SEC. 527. Except as otherwise specifically provided by 

7 law, not to exceed 50 percent of unobligated balances re8 maining available at the end of fiscal year 2004 from ap9 propriations made available for salaries and expenses for 

10 fiscal year 2004 in this Act, shall remain available through 

11 September 30, 2005, for each such account for the purposes 

12 authorized: Provided, That a request shall be submitted to 

13 the Committees on Appropriations for approval prior to the 

14 expenditure of such funds: Provided further, That these re15 quests shall be made in compliance with reprogramming 

16 guidelines. 

17 SEC. 528. None of the funds made available in this 

18 Act may be used by the Executive Office of the President 

19 to request from the Federal Bureau of Investigation any of20 ficial background investigation report on any individual, 

21 except when—

22 (1) such individual has given his or her express 

23 written consent for such request not more than 6 

24 months prior to the date of such request and during 

25 the same presidential administration; or 
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1 (2) such request is required due to extraordinary 

2 circumstances involving national security. 

3 SEC. 529. The cost accounting standards promulgated 

4 under section 26 of the Office of Federal Procurement Policy 

5 Act (Public Law 93–400; 41 U.S.C. 422) shall not apply 

6 with respect to a contract under the Federal Employees 

7 Health Benefits Program established under chapter 89 of 

8 title 5, United States Code. 

9 SEC. 530. For the purpose of resolving litigation and 

10 implementing any settlement agreements regarding the non11 foreign area cost-of-living allowance program, the Office of 

12 Personnel Management may accept and utilize (without re13 gard to any restriction on unanticipated travel expenses 

14 imposed in an Appropriations Act) funds made available 

15 to the Office pursuant to court approval. 

16 SEC. 531. No funds appropriated or otherwise made 

17 available under this Act shall be made available to any per18 son or entity that has been convicted of violating the Buy 

19 American Act (41 U.S.C. 10a–10c). 

20 SEC. 532. Notwithstanding any other provision of law, 

21 any bridge that is owned and operated by a state agency 

22 (1) whose toll revenues are administered by a Metropolitan 

23 Planning Organization (MPO), and (2) whose toll revenues 

24 provide for subsidizing of non-capital transportation costs, 

25 shall be eligible for assistance under this section but the 
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1 amount of toll revenues expended for non-capital transpor2 tation costs shall in no event exceed the cumulative amount 

3 of local toll revenues used for federal interstate and federal4 aid highway construction and improvement projects in the 

5 toll bridge corridors. Before authorizing an expenditure of 

6 funds under this subsection, the Secretary shall determine 

7 that the cumulative amount of toll revenues used for con8 struction and improvement to the federal interstate and fed9 eral-aid highway system is greater than the cumulative 

10 amount of toll revenue used for non-capital transportation 

11 projects not directly related to the on-going operation and 

12 maintenance of the toll bridges. 

13 SEC. 533. Notwithstanding any other provision of this 

14 Act, amounts appropriated or limited in this Act are hereby 

15 reduced by $128,076,000. Such reductions shall—

16 (1) be administered by the Director, Office of 

17 Management and Budget; 

18 (2) be assessed by the Director within 30 days of 

19 enactment of this Act; 

20 (3) be derived solely from funds appropriated or 

21 limited for activities under: 

22 (A) Object Class 21.0—Travel and Trans23 portation of Persons, with the exception of funds 

24 provided for the travel of safety inspectors within 

25 the Department of Transportation and enforce-
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1 ment personnel within the Department of the 

2 Treasury; 

3 (B) Object Class 22.0—Transportation of 

4 Things; 

5 (C) Object Class 23.3—Communications, 

6 Utilities, and Miscellaneous Charges, with the ex7 ception of the telecommunication costs associated 

8 with the FAA air traffic control system and the 

9 Internal Revenue Service; 

10 (D) Object Class 24.0—Printing and Repro11 duction, with the exception of such expenses 

12 within the Internal Revenue Service; 

13 (E) Object Class 25.1—Advisory and Assist14 ance Services; 

15 (F) Object Class 26.0—Supplies and Mate16 rials, with the exception of such expenses in the 

17 United States Mint; 

18 (G) Object Class 31.0—Equipment, with the 

19 exception of such expenses under the Internal 

20 Revenue Service and the FAA Facilities and 

21 Equipment account. 

22 (4) be assessed by the Director on a pro-rata 

23 basis against all agencies funded in this Act with ad24 justments necessitated by the exceptions cited under 

25 subsection (3); and 
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1 (5) not be assessed against the Department of 

2 Transportation’s Working Capital Fund. 

3 SEC. 534. None of the funds appropriated or limited 

4 in title I of this Act may be used to change weight restric5 tions or prior permission rules at Teterboro Airport. 

6 SEC. 535. Section 414(h) of title 39, United States 

7 Code, is amended by striking ‘‘2003’’ and inserting ‘‘2005’’. 

8 SEC. 536. After the last section of the Federal Transit 

9 Act, 49 U.S.C. Chapter 53, add the following section: 

10 ‘‘SEC. ll. UTAH TRANSPORTATION PROJECTS. 

11 ‘‘(a) COORDINATION.—FTA and FHWA are directed 

12 to work with the Utah Transit Authority and the Utah De13 partment of Transportation to coordinate the development 

14 regional commuter rail and the northern segment of I–15 

15 reconstruction located in the Wasatch Front corridor ex16 tending from Brigham City to Payson, Utah. Coordination 

17 includes integration of preliminary engineering and design, 

18 a simplified method for allocating project costs among eligi19 ble FTA and FHWA funding sources, and a unified ac20 counting and audit process. 

21 ‘‘(b) GOVERNMENTAL FUNDING.—For purposes of de22 termining and allocating the nongovernmental and govern23 mental share of costs, the following projects comprise a re24 lated program of projects: regional commuter rail, the 

25 TRAX light rail system, TRAX extensions to the Medical 
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1 Center and to the Gateway Intermodal Center, and the 

2 northern segment of I–15 reconstruction. The governmental 

3 share of project costs appropriated from the Section 5309 

4 New Start program shall conform to the share specified in 

5 the extension or reauthorization of TEA21.’’. 

6 SEC. 537. Funds apportioned to the Charleston Area 

7 Regional Transportation Authority to carry out section 

8 5307 of title 49, United States Code, may be used to lease 

9 land, equipment, or facilities used in public transportation 

10 from another governmental authority in the same geo11 graphic area: Provided, That the non-Federal share under 

12 section 5307 may include revenues from the sale of adver13 tising and concessions: Provided further, That this provi14 sion shall remain in effect until September 30, 2004, or 

15 until the Federal interest in the land, equipment or facili16 ties leased reaches 80 percent of its fair market value at 

17 disposition, whichever occurs first. 

18 SEC. 538. Notwithstanding any other provision of law, 

19 funds designated to the Pennsylvania Cumberland/Dauphin 

20 County Corridor I project in committee reports accom21 panying this Act may be available to the recipient for any 

22 project activities authorized under sections 5307 and 5309 

23 of title 49, United States Code. 

24 SEC. 539. None of the funds appropriated or made 

25 available under this Act or any other appropriations Act 
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1 may be used to implement the proposed regulations of the 

2 Office of Personnel Management to add sections 300.311 

3 through 300.316 to part 300 of title 5 of the Code of Federal 

4 Regulations, published in the Federal Register, volume 68, 

5 number 174, on September 9, 2003 (relating to the detail 

6 of executive branch employees to the legislative branch). If 

7 such proposed regulations are final regulations on the date 

8 of enactment of this Act, none of the funds appropriated 

9 or made available under this Act may be used to implement, 

10 administer, or enforce such final regulations. 

11 SEC. 540. JACKSON HOLE, WYOMING RADAR UNIT. 

12 Priority consideration shall be given to the Jackson Hole, 

13 Wyoming, Airport for an ASR–11 radar unit or provisions 

14 shall be made for the acquisition or transfer of a comparable 

15 radar unit. 

16 SEC. 541. Within the funds provided for the Federal 

17 Aviation Administration’s Facilities and Equipment ac18 count, no less than $14,000,000 shall be available for the 

19 Technical Center Facilities in New Jersey. 

20 SEC. 542. To the extent that funds provided by the 

21 Congress for the Memphis Medical Center light rail exten22 sion project through the Section 5309 ‘‘new fixed guideway 

23 systems’’ program remain available upon the closeout of the 

24 project, Federal Transit Administration is directed to per25 mit the Memphis Area Transit Authority to use all of those 
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1 funds for planning, engineering, design, construction or ac2 quisition projects pertaining to the Memphis Regional Rail 

3 Plan. Such funds shall remain available until expended. 

4 SEC. 543. Section 30303(d)(3) of the Transportation 

5 Equity Act for the 21st Century (Public Law 105–178) is 

6 amended by inserting at the end: 

7 ‘‘(D) Memphis-Shelby International Airport 

8 intermodal facility.’’. 

9 SEC. 544. Within available funds provided for ‘‘Facili10 ties and equipment’’, $1,500,000 shall be provided for a pre11 cision instrument approach landing system (ILS) at Lee 

12 Gilmer Memorial Airport, Gainesville, Georgia. 

13 SEC. 545. (a) None of the funds appropriated by this 

14 Act may be used for converting to contractor performance 

15 an activity or function of an executive agency that, on or 

16 after the date of the enactment of this Act, is performed 

17 by executive agency employees unless the conversion is based 

18 on the results of a public-private competition process that 

19 requires a determination regarding whether, overall per20 formance periods stated in the solicitation of offers for per21 formance of the activity or function, the cost of performance 

22 of the activity or function by a contractor would be less 

23 costly to the executive agency by an amount that equals or 

24 exceeds the lesser of (1) 10 percent of the cost of performing 

25 the activity with government personnel or, if a more effi-
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1 cient organization has been developed, 10 percent of the 

2 most efficient organization’s personnel-related costs for per3 formance of that activity or function by Federal employees, 

4 or (2) $10,000,000. 

5 (b) With respect to the use of any funds appropriated 

6 by this Act for the Department of Defense—

7 (1) subsections (a), (b), and (c) of section 2461 

8 of title 10, United States Code, do not apply with re9 spect to the performance of a commercial or indus10 trial type activity or function that—

11 (A) is on the procurement list established 

12 under section 2 of the Javits-Wagner-O’Day Act 

13 (41 U.S.C. 47); or 

14 (B) is planned to be converted to perform15 ance by—

16 (i) a qualified nonprofit agency for the 

17 blind or a qualified nonprofit agency for 

18 other severely handicapped (as such terms 

19 are defined in section 5 of such Act (41 

20 U.S.C. 48b); or 

21 (ii) a commercial business at least 51 

22 percent of which is owned by an Indian 

23 tribe (as defined in section 4(e) of the In24 dian Self-Determination and Education As25 sistance Act (25 U.S.C. 450b(e))) or a Na-
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1 tive Hawaiian Organization (as defined in 

2 section 8(a)(15) of the Small Business Act 

3 (15 U.S.C. 637(a)(15))). 

4 (2) Nothing in this section shall effect depot con5 tracts or contracts for depot maintenance as provided 

6 in sections 2469 and 2474 of title 10, United States 

7 Code. 

8 (3) The conversion of any activity or function of 

9 an executive agency in accordance with this section 

10 shall be credited toward any competitive or 

11 outsourcing goal, target or measurement that may be 

12 established by statute, regulation or policy and shall 

13 be deemed to be awarded under the authority of and 

14 in compliance with section 303 of the Federal Prop15 erty and Administrative Services Act of 1949 (41 

16 U.S.C. 253) or section 2304 of title 10, United States 

17 Code, as the case may be, for the competition or 

18 outsourcing of commercial activities. 

19 (c) In this section, the term ‘‘executive agency’’ has the 

20 meaning given such term in section 4 of the Office of Fed21 eral Procurement Policy Act (41 U.S.C. 403). 

22 (d) Nothing in this section shall be construed to effect, 

23 amend, or repeal section 8014 of the Defense Appropria24 tions Act, 2004 (Public Law 108–87). 
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1 TITLE VI—GENERAL PROVISIONS 

2 DEPARTMENTS, AGENCIES, AND CORPORATIONS

3 SEC. 601. Funds appropriated in this or any other Act 

4 may be used to pay travel to the United States for the im5 mediate family of employees serving abroad in cases of 

6 death or life threatening illness of said employee. 

7 SEC. 602. No department, agency, or instrumentality 

8 of the United States receiving appropriated funds under 

9 this or any other Act for fiscal year 2004 shall obligate or 

10 expend any such funds, unless such department, agency, or 

11 instrumentality has in place, and will continue to admin12 ister in good faith, a written policy designed to ensure that 

13 all of its workplaces are free from the illegal use, possession, 

14 or distribution of controlled substances (as defined in the 

15 Controlled Substances Act) by the officers and employees of 

16 such department, agency, or instrumentality. 

17 SEC. 603. Unless otherwise specifically provided, the 

18 maximum amount allowable during the current fiscal year 

19 in accordance with section 16 of the Act of August 2, 1946 

20 (60 Stat. 810), for the purchase of any passenger motor ve21 hicle (exclusive of buses, ambulances, law enforcement, and 

22 undercover surveillance vehicles), is hereby fixed at $8,100 

23 except station wagons for which the maximum shall be 

24 $9,100: Provided, That these limits may be exceeded by not 

25 to exceed $3,700 for police-type vehicles, and by not to ex-
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1 ceed $4,000 for special heavy-duty vehicles: Provided fur2 ther, That the limits set forth in this section may not be 

3 exceeded by more than 5 percent for electric or hybrid vehi4 cles purchased for demonstration under the provisions of the 

5 Electric and Hybrid Vehicle Research, Development, and 

6 Demonstration Act of 1976: Provided further, That the lim7 its set forth in this section may be exceeded by the incre8 mental cost of clean alternative fuels vehicles acquired pur9 suant to Public Law 101–549 over the cost of comparable 

10 conventionally fueled vehicles. 

11 SEC. 604. Appropriations of the executive departments 

12 and independent establishments for the current fiscal year 

13 available for expenses of travel, or for the expenses of the 

14 activity concerned, are hereby made available for quarters 

15 allowances and cost-of-living allowances, in accordance 

16 with 5 U.S.C. 5922–5924. 

17 SEC. 605. Unless otherwise specified during the current 

18 fiscal year, no part of any appropriation contained in this 

19 or any other Act shall be used to pay the compensation of 

20 any officer or employee of the Government of the United 

21 States (including any agency the majority of the stock of 

22 which is owned by the Government of the United States) 

23 whose post of duty is in the continental United States un24 less such person: (1) is a citizen of the United States; (2) 

25 is a person in the service of the United States on the date 
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1 of the enactment of this Act who, being eligible for citizen2 ship, has filed a declaration of intention to become a citizen 

3 of the United States prior to such date and is actually re4 siding in the United States; (3) is a person who owes alle5 giance to the United States; (4) is an alien from Cuba, Po6 land, South Vietnam, the countries of the former Soviet 

7 Union, or the Baltic countries lawfully admitted to the 

8 United States for permanent residence; (5) is a South Viet9 namese, Cambodian, or Laotian refugee paroled in the 

10 United States after January 1, 1975; or (6) is a national 

11 of the People’s Republic of China who qualifies for adjust12 ment of status pursuant to the Chinese Student Protection 

13 Act of 1992: Provided, That for the purpose of this section, 

14 an affidavit signed by any such person shall be considered 

15 prima facie evidence that the requirements of this section 

16 with respect to his or her status have been complied with: 

17 Provided further, That any person making a false affidavit 

18 shall be guilty of a felony, and, upon conviction, shall be 

19 fined no more than $4,000 or imprisoned for not more than 

20 1 year, or both: Provided further, That the above penal 

21 clause shall be in addition to, and not in substitution for, 

22 any other provisions of existing law: Provided further, That 

23 any payment made to any officer or employee contrary to 

24 the provisions of this section shall be recoverable in action 

25 by the Federal Government. This section shall not apply 
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1 to citizens of Ireland, Israel, or the Republic of the Phil2 ippines, or to nationals of those countries allied with the 

3 United States in a current defense effort, or to international 

4 broadcasters employed by the United States Information 

5 Agency, or to temporary employment of translators, or to 

6 temporary employment in the field service (not to exceed 

7 60 days) as a result of emergencies. 

8 SEC. 606. Appropriations available to any department 

9 or agency during the current fiscal year for necessary ex10 penses, including maintenance or operating expenses, shall 

11 also be available for payment to the General Services Ad12 ministration for charges for space and services and those 

13 expenses of renovation and alteration of buildings and fa14 cilities which constitute public improvements performed in 

15 accordance with the Public Buildings Act of 1959 (73 Stat. 

16 749), the Public Buildings Amendments of 1972 (87 Stat. 

17 216), or other applicable law. 

18 SEC. 607. In addition to funds provided in this or any 

19 other Act, all Federal agencies are authorized to receive and 

20 use funds resulting from the sale of materials, including 

21 Federal records disposed of pursuant to a records schedule 

22 recovered through recycling or waste prevention programs. 

23 Such funds shall be available until expended for the fol24 lowing purposes: 
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1 (1) Acquisition, waste reduction and prevention, 

2 and recycling programs as described in Executive 

3 Order No. 13101 (September 14, 1998), including any 

4 such programs adopted prior to the effective date of 

5 the Executive order. 

6 (2) Other Federal agency environmental manage7 ment programs, including, but not limited to, the de8 velopment and implementation of hazardous waste 

9 management and pollution prevention programs. 

10 (3) Other employee programs as authorized by 

11 law or as deemed appropriate by the head of the Fed12 eral agency. 

13 SEC. 608. Funds made available by this or any other 

14 Act for administrative expenses in the current fiscal year 

15 of the corporations and agencies subject to chapter 91 of 

16 title 31, United States Code, shall be available, in addition 

17 to objects for which such funds are otherwise available, for 

18 rent in the District of Columbia; services in accordance 

19 with 5 U.S.C. 3109; and the objects specified under this 

20 head, all the provisions of which shall be applicable to the 

21 expenditure of such funds unless otherwise specified in the 

22 Act by which they are made available: Provided, That in 

23 the event any functions budgeted as administrative expenses 

24 are subsequently transferred to or paid from other funds, 
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1 the limitations on administrative expenses shall be cor2 respondingly reduced. 

3 SEC. 609. No part of any appropriation for the current 

4 fiscal year contained in this or any other Act shall be paid 

5 to any person for the filling of any position for which he 

6 or she has been nominated after the Senate has voted not 

7 to approve the nomination of said person. 

8 SEC. 610. No part of any appropriation contained in 

9 this or any other Act shall be available for interagency fi10 nancing of boards (except Federal Executive Boards), com11 missions, councils, committees, or similar groups (whether 

12 or not they are interagency entities) which do not have a 

13 prior and specific statutory approval to receive financial 

14 support from more than one agency or instrumentality. 

15 SEC. 611. Funds made available by this or any other 

16 Act to the Postal Service Fund (39 U.S.C. 2003) shall be 

17 available for employment of guards for all buildings and 

18 areas owned or occupied by the Postal Service and under 

19 the charge and control of the Postal Service, and such 

20 guards shall have, with respect to such property, the powers 

21 of special policemen provided by the first section of the Act 

22 of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), 

23 and, as to property owned or occupied by the Postal Service, 

24 the Postmaster General may take the same actions as the 

25 Administrator of General Services may take under the pro-
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1 visions of sections 2 and 3 of the Act of June 1, 1948, as 

2 amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attach3 ing thereto penal consequences under the authority and 

4 within the limits provided in section 4 of the Act of June 

5 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318c). 

6 SEC. 612. None of the funds made available pursuant 

7 to the provisions of this Act shall be used to implement, 

8 administer, or enforce any regulation which has been dis9 approved pursuant to a resolution of disapproval duly 

10 adopted in accordance with the applicable law of the United 

11 States. 

12 SEC. 613. (a) Notwithstanding any other provision of 

13 law, and except as otherwise provided in this section, no 

14 part of any of the funds appropriated for fiscal year 2004, 

15 by this or any other Act, may be used to pay any prevailing 

16 rate employee described in section 5342(a)(2)(A) of title 5, 

17 United States Code—

18 (1) during the period from the date of expiration 

19 of the limitation imposed by the comparable section 

20 for previous fiscal years until the normal effective 

21 date of the applicable wage survey adjustment that is 

22 to take effect in fiscal year 2004, in an amount that 

23 exceeds the rate payable for the applicable grade and 

24 step of the applicable wage schedule in accordance 

25 with such section; and 
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1 (2) during the period consisting of the remainder 

2 of fiscal year 2004, in an amount that exceeds, as a 

3 result of a wage survey adjustment, the rate payable 

4 under paragraph (1) by more than the sum of—

5 (A) the percentage adjustment taking effect 

6 in fiscal year 2004 under section 5303 of title 5, 

7 United States Code, in the rates of pay under the 

8 General Schedule; and 

9 (B) the difference between the overall aver10 age percentage of the locality-based com11 parability payments taking effect in fiscal year 

12 2004 under section 5304 of such title (whether by 

13 adjustment or otherwise), and the overall average 

14 percentage of such payments which was effective 

15 in the previous fiscal year under such section. 

16 (b) Notwithstanding any other provision of law, no 

17 prevailing rate employee described in subparagraph (B) or 

18 (C) of section 5342(a)(2) of title 5, United States Code, and 

19 no employee covered by section 5348 of such title, may be 

20 paid during the periods for which subsection (a) is in effect 

21 at a rate that exceeds the rates that would be payable under 

22 subsection (a) were subsection (a) applicable to such em23 ployee. 

24 (c) For the purposes of this section, the rates payable 

25 to an employee who is covered by this section and who is 
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1 paid from a schedule not in existence on September 30, 

2 2003, shall be determined under regulations prescribed by 

3 the Office of Personnel Management. 

4 (d) Notwithstanding any other provision of law, rates 

5 of premium pay for employees subject to this section may 

6 not be changed from the rates in effect on September 30, 

7 2003, except to the extent determined by the Office of Per8 sonnel Management to be consistent with the purpose of this 

9 section. 

10 (e) This section shall apply with respect to pay for 

11 service performed after September 30, 2003. 

12 (f) For the purpose of administering any provision of 

13 law (including any rule or regulation that provides pre14 mium pay, retirement, life insurance, or any other em15 ployee benefit) that requires any deduction or contribution, 

16 or that imposes any requirement or limitation on the basis 

17 of a rate of salary or basic pay, the rate of salary or basic 

18 pay payable after the application of this section shall be 

19 treated as the rate of salary or basic pay. 

20 (g) Nothing in this section shall be considered to per21 mit or require the payment to any employee covered by this 

22 section at a rate in excess of the rate that would be payable 

23 were this section not in effect. 

24 (h) The Office of Personnel Management may provide 

25 for exceptions to the limitations imposed by this section if 
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1 the Office determines that such exceptions are necessary to 

2 ensure the recruitment or retention of qualified employees. 

3 SEC. 614. During the period in which the head of any 

4 department or agency, or any other officer or civilian em5 ployee of the Government appointed by the President of the 

6 United States, holds office, no funds may be obligated or 

7 expended in excess of $5,000 to furnish or redecorate the 

8 office of such department head, agency head, officer, or em9 ployee, or to purchase furniture or make improvements for 

10 any such office, unless advance notice of such furnishing 

11 or redecoration is expressly approved by the Committees on 

12 Appropriations. For the purposes of this section, the term 

13 ‘‘office’’ shall include the entire suite of offices assigned to 

14 the individual, as well as any other space used primarily 

15 by the individual or the use of which is directly controlled 

16 by the individual. 

17 SEC. 615. Notwithstanding section 1346 of title 31, 

18 United States Code, or section 610 of this Act, funds made 

19 available for the current fiscal year by this or any other 

20 Act shall be available for the interagency funding of na21 tional security and emergency preparedness telecommuni22 cations initiatives which benefit multiple Federal depart23 ments, agencies, or entities, as provided by Executive Order 

24 No. 12472 (April 3, 1984). 
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1 SEC. 616. (a) None of the funds appropriated by this 

2 or any other Act may be obligated or expended by any Fed3 eral department, agency, or other instrumentality for the 

4 salaries or expenses of any employee appointed to a position 

5 of a confidential or policy-determining character excepted 

6 from the competitive service pursuant to section 3302 of 

7 title 5, United States Code, without a certification to the 

8 Office of Personnel Management from the head of the Fed9 eral department, agency, or other instrumentality employ10 ing the Schedule C appointee that the Schedule C position 

11 was not created solely or primarily in order to detail the 

12 employee to the White House. 

13 (b) The provisions of this section shall not apply to 

14 Federal employees or members of the armed services detailed 

15 to or from—

16 (1) the Central Intelligence Agency; 

17 (2) the National Security Agency; 

18 (3) the Defense Intelligence Agency; 

19 (4) the offices within the Department of Defense 

20 for the collection of specialized national foreign intel21 ligence through reconnaissance programs; 

22 (5) the Bureau of Intelligence and Research of 

23 the Department of State; 

24 (6) any agency, office, or unit of the Army, 

25 Navy, Air Force, and Marine Corps, the Department 
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1 of Homeland Security, the Federal Bureau of Inves2 tigation and the Drug Enforcement Administration of 

3 the Department of Justice, the Department of Trans4 portation, the Department of the Treasury, and the 

5 Department of Energy performing intelligence func6 tions; and 

7 (7) the Director of Central Intelligence. 

8 SEC. 617. No department, agency, or instrumentality 

9 of the United States receiving appropriated funds under 

10 this or any other Act for the current fiscal year shall obli11 gate or expend any such funds, unless such department, 

12 agency, or instrumentality has in place, and will continue 

13 to administer in good faith, a written policy designed to 

14 ensure that all of its workplaces are free from discrimina15 tion and sexual harassment and that all of its workplaces 

16 are not in violation of title VII of the Civil Rights Act of 

17 1964, as amended, the Age Discrimination in Employment 

18 Act of 1967, and the Rehabilitation Act of 1973. 

19 SEC. 618. No part of any appropriation contained in 

20 this or any other Act shall be available for the payment 

21 of the salary of any officer or employee of the Federal Gov22 ernment, who—

23 (1) prohibits or prevents, or attempts or threat24 ens to prohibit or prevent, any other officer or em25 ployee of the Federal Government from having any 
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1 direct oral or written communication or contact with 

2 any Member, committee, or subcommittee of the Con3 gress in connection with any matter pertaining to the 

4 employment of such other officer or employee or per5 taining to the department or agency of such other of6 ficer or employee in any way, irrespective of whether 

7 such communication or contact is at the initiative of 

8 such other officer or employee or in response to the re9 quest or inquiry of such Member, committee, or sub10 committee; or 

11 (2) removes, suspends from duty without pay, 

12 demotes, reduces in rank, seniority, status, pay, or 

13 performance of efficiency rating, denies promotion to, 

14 relocates, reassigns, transfers, disciplines, or discrimi15 nates in regard to any employment right, entitlement, 

16 or benefit, or any term or condition of employment of, 

17 any other officer or employee of the Federal Govern18 ment, or attempts or threatens to commit any of the 

19 foregoing actions with respect to such other officer or 

20 employee, by reason of any communication or contact 

21 of such other officer or employee with any Member, 

22 committee, or subcommittee of the Congress as de23 scribed in paragraph (1). 
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1 SEC. 619. (a) None of the funds made available in this 

2 or any other Act may be obligated or expended for any em3 ployee training that—

4 (1) does not meet identified needs for knowledge, 

5 skills, and abilities bearing directly upon the perform6 ance of official duties; 

7 (2) contains elements likely to induce high levels 

8 of emotional response or psychological stress in some 

9 participants; 

10 (3) does not require prior employee notification 

11 of the content and methods to be used in the training 

12 and written end of course evaluation; 

13 (4) contains any methods or content associated 

14 with religious or quasi-religious belief systems or 

15 ‘‘new age’’ belief systems as defined in Equal Employ16 ment Opportunity Commission Notice N–915.022, 

17 dated September 2, 1988; or 

18 (5) is offensive to, or designed to change, partici19 pants’ personal values or lifestyle outside the work20 place. 

21 (b) Nothing in this section shall prohibit, restrict, or 

22 otherwise preclude an agency from conducting training 

23 bearing directly upon the performance of official duties. 

24 SEC. 620. No funds appropriated in this or any other 

25 Act may be used to implement or enforce the agreements 
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1 in Standard Forms 312 and 4414 of the Government or 

2 any other nondisclosure policy, form, or agreement if such 

3 policy, form, or agreement does not contain the following 

4 provisions: ‘‘These restrictions are consistent with and do 

5 not supersede, conflict with, or otherwise alter the employee 

6 obligations, rights, or liabilities created by Executive Order 

7 No. 12958; section 7211 of title 5, United States Code (gov8 erning disclosures to Congress); section 1034 of title 10, 

9 United States Code, as amended by the Military Whistle10 blower Protection Act (governing disclosure to Congress by 

11 members of the military); section 2302(b)(8) of title 5, 

12 United States Code, as amended by the Whistleblower Pro13 tection Act (governing disclosures of illegality, waste, fraud, 

14 abuse or public health or safety threats); the Intelligence 

15 Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) 

16 (governing disclosures that could expose confidential Gov17 ernment agents); and the statutes which protect against dis18 closure that may compromise the national security, includ19 ing sections 641, 793, 794, 798, and 952 of title 18, United 

20 States Code, and section 4(b) of the Subversive Activities 

21 Act of 1950 (50 U.S.C. 783(b)). The definitions, require22 ments, obligations, rights, sanctions, and liabilities created 

23 by said Executive order and listed statutes are incorporated 

24 into this agreement and are controlling.’’: Provided, That 

25 notwithstanding the preceding paragraph, a nondisclosure 
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1 policy form or agreement that is to be executed by a person 

2 connected with the conduct of an intelligence or intelligence3 related activity, other than an employee or officer of the 

4 United States Government, may contain provisions appro5 priate to the particular activity for which such document 

6 is to be used. Such form or agreement shall, at a minimum, 

7 require that the person will not disclose any classified infor8 mation received in the course of such activity unless specifi9 cally authorized to do so by the United States Government. 

10 Such nondisclosure forms shall also make it clear that they 

11 do not bar disclosures to Congress or to an authorized offi12 cial of an executive agency or the Department of Justice 

13 that are essential to reporting a substantial violation of 

14 law. 

15 SEC. 621. No part of any funds appropriated in this 

16 or any other Act shall be used by an agency of the executive 

17 branch, other than for normal and recognized executive-leg18 islative relationships, for publicity or propaganda pur19 poses, and for the preparation, distribution or use of any 

20 kit, pamphlet, booklet, publication, radio, television or film 

21 presentation designed to support or defeat legislation pend22 ing before the Congress, except in presentation to the Con23 gress itself. 

24 SEC. 622. None of the funds appropriated by this or 

25 any other Act may be used by an agency to provide a Fed-
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1 eral employee’s home address to any labor organization ex2 cept when the employee has authorized such disclosure or 

3 when such disclosure has been ordered by a court of com4 petent jurisdiction. 

5 SEC. 623. None of the funds made available in this 

6 Act or any other Act may be used to provide any non-public 

7 information such as mailing or telephone lists to any per8 son or any organization outside of the Federal Government 

9 without the approval of the Committees on Appropriations. 

10 SEC. 624. No part of any appropriation contained in 

11 this or any other Act shall be used for publicity or propa12 ganda purposes within the United States not heretofore au13 thorized by the Congress. 

14 SEC. 625. (a) In this section the term ‘‘agency’’—

15 (1) means an Executive agency as defined under 

16 section 105 of title 5, United States Code; 

17 (2) includes a military department as defined 

18 under section 102 of such title, the Postal Service, and 

19 the Postal Rate Commission; and 

20 (3) shall not include the General Accounting Of21 fice. 

22 (b) Unless authorized in accordance with law or regu23 lations to use such time for other purposes, an employee 

24 of an agency shall use official time in an honest effort to 

25 perform official duties. An employee not under a leave sys-
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1 tem, including a Presidential appointee exempted under 

2 section 6301(2) of title 5, United States Code, has an obliga3 tion to expend an honest effort and a reasonable proportion 

4 of such employee’s time in the performance of official duties. 

5 SEC. 626. Notwithstanding 31 U.S.C. 1346 and section 

6 610 of this Act, funds made available for the current fiscal 

7 year by this or any other Act to any department or agency, 

8 which is a member of the Joint Financial Management Im9 provement Program (JFMIP), shall be available to finance 

10 an appropriate share of JFMIP administrative costs, as de11 termined by the JFMIP, but not to exceed a total of 

12 $800,000 including the salary of the Executive Director and 

13 staff support. 

14 SEC. 627. Notwithstanding 31 U.S.C. 1346 and section 

15 610 of this Act, the head of each Executive department and 

16 agency is hereby authorized to transfer to or reimburse the 

17 ‘‘Policy and Citizen Services’’ account, General Services 

18 Administration, with the approval of the Director of the 

19 Office of Management and Budget, funds made available 

20 for the current fiscal year by this or any other Act, includ21 ing rebates from charge card and other contracts. These 

22 funds shall be administered by the Administrator of General 

23 Services to support Government-wide financial, informa24 tion technology, procurement, and other management inno25 vations, initiatives, and activities, as approved by the Di-
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1 rector of the Office of Management and Budget, in consulta2 tion with the appropriate interagency groups designated by 

3 the Director (including the Chief Financial Officers Council 

4 and the Joint Financial Management Improvement Pro5 gram for financial management initiatives, the Chief Infor6 mation Officers Council for information technology initia7 tives, and the Procurement Executives Council for procure8 ment initiatives). The total funds transferred or reimbursed 

9 shall not exceed $12,250,000. Such transfers or reimburse10 ments may only be made 15 days following notification of 

11 the Committees on Appropriations by the Director of the 

12 Office of Management and Budget. 

13 SEC. 628. None of the funds made available in this 

14 or any other Act may be used by the Office of Personnel 

15 Management or any other department or agency of the Fed16 eral Government to (a) operate an online employment infor17 mation service for the Federal Government under any con18 tract awarded under the request for quotations number 

19 SOLO30000003 issued by the Office of Personnel Manage20 ment unless the Office of Personnel Management complies 

21 with the recommendations of the Comptroller General in the 

22 General Accounting Office decision of April 29, 2003, re23 ferred to as Symplicity Corporation, B–291902; or (b) pro24 hibit any agency from using appropriated funds as they 

25 see fit to independently contract with private companies to 
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1 provide online employment applications and processing 

2 services. 

3 SEC. 629. Notwithstanding any other provision of law, 

4 a woman may breastfeed her child at any location in a 

5 Federal building or on Federal property, if the woman and 

6 her child are otherwise authorized to be present at the loca7 tion. 

8 SEC. 630. Nothwithstanding section 1346 of title 31, 

9 United States Code, or section 610 of this Act, funds made 

10 available for the current fiscal year by this or any other 

11 Act shall be available for the interagency funding of specific 

12 projects, workshops, studies, and similar efforts to carry out 

13 the purposes of the National Science and Technology Coun14 cil (authorized by Executive Order No. 12881), which ben15 efit multiple Federal departments, agencies, or entities: 

16 Provided, That the Office of Management and Budget shall 

17 provide a report describing the budget of and resources con18 nected with the National Science and Technology Council 

19 to the Committees on Appropriations, the House Committee 

20 on Science; and the Senate Committee on Commerce, 

21 Science, and Transportation 90 days after enactment of this 

22 Act. 

23 SEC. 631. Any request for proposals, solicitation, grant 

24 application, form, notification, press release, or other publi25 cations involving the distribution of Federal funds shall in-
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1 dicate the agency providing the funds, the Catalog of Fed2 eral Domestic Assistance Number, as applicable, and the 

3 amount provided. This provision shall apply to direct pay4 ments, formula funds, and grants received by a State receiv5 ing Federal funds. 

6 SEC. 632. Subsection (f) of section 403 of Public Law 

7 103–356 (31 U.S.C. 501 note) is amended by striking ‘‘Oc8 tober 1, 2003’’ and inserting ‘‘October 1, 2004’’. 

9 SEC. 633. (a) PROHIBITION OF FEDERAL AGENCY

10 MONITORING OF PERSONAL INFORMATION ON USE OF

11 INTERNET.—None of the funds made available in this or 

12 any other Act may be used by any Federal agency—

13 (1) to collect, review, or create any aggregate list, 

14 derived from any means, that includes the collection 

15 of any personally identifiable information relating to 

16 an individual’s access to or use of any Federal Gov17 ernment Internet site of the agency; or 

18 (2) to enter into any agreement with a third 

19 party (including another government agency) to col20 lect, review, or obtain any aggregate list, derived from 

21 any means, that includes the collection of any person22 ally identifiable information relating to an individ23 ual’s access to or use of any nongovernmental Internet 

24 site. 
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1 (b) EXCEPTIONS.—The limitations established in sub2 section (a) shall not apply to—

3 (1) any record of aggregate data that does not 

4 identify particular persons; 

5 (2) any voluntary submission of personally iden6 tifiable information; 

7 (3) any action taken for law enforcement, regu8 latory, or supervisory purposes, in accordance with 

9 applicable law; or 

10 (4) any action described in subsection (a)(1) that 

11 is a system security action taken by the operator of 

12 an Internet site and is necessarily incident to the ren13 dition of the Internet site services or to the protection 

14 of the rights or property of the provider of the Inter15 net site. 

16 (c) DEFINITIONS.—For the purposes of this section: 

17 (1) The term ‘‘regulatory’’ means agency actions 

18 to implement, interpret or enforce authorities pro19 vided in law. 

20 (2) The term ‘‘supervisory’’ means examinations 

21 of the agency’s supervised institutions, including as22 sessing safety and soundness, overall financial condi23 tion, management practices and policies and compli24 ance with applicable standards as provided in law. 
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1 SEC. 634. (a) None of the funds appropriated by this 

2 Act may be used to enter into or renew a contract which 

3 includes a provision providing prescription drug coverage, 

4 except where the contract also includes a provision for con5 traceptive coverage. 

6 (b) Nothing in this section shall apply to a contract 

7 with—

8 (1) any of the following religious plans: 

9 (A) Personal Care’s HMO; and 

10 (B) OSF Health Plans, Inc.; and 

11 (2) any existing or future plan, if the carrier for 

12 the plan objects to such coverage on the basis of reli13 gious beliefs. 

14 (c) In implementing this section, any plan that enters 

15 into or renews a contract under this section may not subject 

16 any individual to discrimination on the basis that the indi17 vidual refuses to prescribe or otherwise provide for contra18 ceptives because such activities would be contrary to the in19 dividual’s religious beliefs or moral convictions. 

20 (d) Nothing in this section shall be construed to require 

21 coverage of abortion or abortion-related services. 

22 SEC. 635. The Congress of the United States recognizes 

23 the United States Anti-Doping Agency (USADA) as the of24 ficial anti-doping agency for Olympic, Pan American, and 

25 Paralympic sport in the United States. 
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1 SEC. 636. (a) The adjustment in rates of basic pay 

2 for employees under the statutory pay systems that takes 

3 effect in fiscal year 2004 under sections 5303 and 5304 of 

4 title 5, United States Code, shall be an increase of 4.1 per5 cent, and this adjustment shall apply to civilian employees 

6 in the Department of Defense and the Department of Home7 land Security and such adjustments shall be effective as of 

8 the first day of the first applicable pay period beginning 

9 on or after January 1, 2004. 

10 (b) Notwithstanding section 713 of this Act, the adjust11 ment in rates of basic pay for the statutory pay systems 

12 that take place in fiscal year 2004 under sections 5344 and 

13 5348 of title 5, United States Code, shall be no less than 

14 the percentage in paragraph (a) as employees in the same 

15 location whose rates of basic pay are adjusted pursuant to 

16 the statutory pay systems under section 5303 and 5304 of 

17 title 5, United States Code. Prevailing rate employees at 

18 locations where there are no employees whose pay is in19 creased pursuant to sections 5303 and 5304 of title 5 and 

20 prevailing rate employees described in section 5343(a)(5) 

21 of title 5 shall be considered to be located in the pay locality 

22 designated as ‘‘Rest of US’’ pursuant to section 5304 of title 

23 5 for purposes of this paragraph. 

24 (c) Funds used to carry out this section shall be paid 

25 from appropriations, which are made to each applicable de-
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1 partment or agency for salaries and expenses for fiscal year 

2 2004. 

3 SEC. 637. Not later than 6 months after the date of 

4 enactment of this Act, the Inspector General of each appli5 cable department or agency shall submit to the Committee 

6 on Appropriations a report detailing what policies and pro7 cedures are in place for each department or agency to give 

8 first priority to the location of new offices and other facili9 ties in rural areas, as directed by the Rural Development 

10 Act of 1972. 

11 SEC. 638. None of the funds made available under this 

12 or any other Act for fiscal year 2004 shall be expended for 

13 the purchase of a product or service offered by Federal Pris14 on Industries, Inc. unless the agency making such purchase 

15 determines that such offered product or service provides the 

16 best value to the buying agency pursuant to government17 wide procurement regulations, issued pursuant to section 

18 25(c)(1) of the Office of Federal Procurement Act (41 U.S.C. 

19 421(c)(1)) that impose procedures, standards, and limita20 tions of section 2410n of title 10, United States Code. 

21 SEC. 639. Notwithstanding any other provision of law, 

22 funds appropriated for official travel by Federal depart23 ments and agencies may be used by such departments and 

24 agencies, if consistent with Office of Management and 

25 Budget Circular A–126 regarding official travel for Govern-
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1 ment personnel, to participate in the fractional aircraft 

2 ownership pilot program. 

3 SEC. 640. Each Executive department and agency 

4 shall evaluate the creditworthiness of an individual before 

5 issuing the individual a government purchase charge card 

6 or government travel charge card. The department or agen7 cy may not issue a government purchase charge card or 

8 government travel charge card to an individual that either 

9 lacks a credit history or is found to have an unsatisfactory 

10 credit history as a result of this evaluation: Provided, That 

11 this restriction shall not preclude issuance of a restricted12 use charge, debit, or stored value card made in accordance 

13 with agency procedures to (a) an individual with an unsat14 isfactory credit history where such card is used to pay trav15 el expenses and the agency determines there is no suitable 

16 alternative payment mechanism available before issuing the 

17 card, or (b) an individual who lacks a credit history. Each 

18 Executive department and agency shall establish guidelines 

19 and procedures for disciplinary actions to be taken against 

20 agency personnel for improper, fraudulent, or abusive use 

21 of government charge cards, which shall include appro22 priate disciplinary actions for use of charge cards for pur23 poses, and at establishments, that are inconsistent with the 

24 official business of the Department or agency or with appli25 cable standards of conduct. Disciplinary actions may in-
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1 clude, but are not limited to, the review of the security clear2 ance of the individual involved and the modification or rev3 ocation of such security clearance in light of the review. 

4 SEC. 641. Notwithstanding any other provision of law, 

5 no executive branch agency shall purchase, construct, and/

6 or lease any additional facilities, except within or contig7 uous to existing locations, to be used for the purpose of con8 ducting Federal law enforcement training without the ad9 vance approval of the Committees on Appropriations, ex10 cept that the Federal Law Enforcement Training Center is 

11 authorized to obtain the temporary use of additional facili12 ties by lease, contract, or other agreement for training 

13 which cannot be accommodated in existing Center facilities. 

14 SEC. 642. Not later than December 31 of each year, 

15 the head of each agency shall submit to Congress a report 

16 on the competitive sourcing activities performed during the 

17 previous fiscal year by Federal Government sources that are 

18 on the list required under the Federal Activities Inventory 

19 Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 501 

20 note). The report shall include—

21 (1) the number of full time equivalent Federal 

22 employees studied for competitive sourcing; 

23 (2) the total agency cost required to carry out its 

24 competitive sourcing program; 
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1 (3) the costs attributable to paying outside con2 sultants and contractors to carry out the agency’s 

3 competitive sourcing program; 

4 (4) the costs attributable to paying agency per5 sonnel to carry out its competitive sourcing program; 

6 and 

7 (5) an estimate of the savings attributed as a re8 sult of the agency competitive sourcing program. 

9 SEC. 643. (a) None of the funds made available in this 

10 Act may be used to administer or enforce part 515 of title 

11 31, Code of Federal Regulations (the Cuban Assets Control 

12 Regulations) with respect to any travel or travel-related 

13 transaction. 

14 (b) The limitation established in subsection (a) shall 

15 not apply to the administration of general or specific li16 censes for travel or travel-related transactions, shall not 

17 apply to section 515.204, 515.206, 515.332, 515.536, 

18 515.544, 515.547, 515.560(c)(3), 515.569, 515.571, or 

19 515.803 of such part 515, and shall not apply to trans20 actions in relation to any business travel covered by section 

21 515.560(g) of such part 515. 

22 (c) This section shall take effect one day after date of 

23 enactment. 

24 SEC. 644. (a) Not later than December 31 of each year, 

25 the head of each executive agency shall submit to Congress 
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1 (instead of the report required by section 642) a report on 

2 the competitive sourcing activities on the list required under 

3 the Federal Activities Inventory Reform Act of 1998 (Public 

4 Law 105-270; 31 U.S.C. 501 note) that were performed for 

5 such executive agency during the previous fiscal year by 

6 Federal Government sources. The report shall include—

7 (1) the total number of competitions completed; 

8 (2) the total number of competitions announced, 

9 together with a list of the activities covered by such 

10 competitions; 

11 (3) the total number (expressed as a full-time 

12 employee equivalent number) of the Federal employees 

13 studied under completed competitions; 

14 (4) the total number (expressed as a full-time 

15 employee equivalent number) of the Federal employees 

16 that are being studied under competitions announced 

17 but not completed; 

18 (5) the incremental cost directly attributable to 

19 conducting the competitions identified under para20 graphs (1) and (2), including costs attributable to 

21 paying outside consultants and contractors; 

22 (6) an estimate of the total anticipated savings, 

23 or a quantifiable description of improvements in serv24 ice or performance, derived from completed competi25 tions; 
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1 (7) actual savings, or a quantifiable description 

2 of improvements in service or performance, derived 

3 from the implementation of competitions completed 

4 after May 29, 2003; 

5 (8) the total projected number (expressed as a 

6 full-time employee equivalent number) of the Federal 

7 employees that are to be covered by competitions 

8 scheduled to be announced in the fiscal year covered 

9 by the next report required under this section; and 

10 (9) a general description of how the competitive 

11 sourcing decisionmaking processes of the executive 

12 agency are aligned with the strategic workforce plan 

13 of that executive agency. 

14 (b) The head of an executive agency may not be re15 quired, under Office of Management and Budget Circular 

16 A–76 or any other policy, directive, or regulation, to con17 duct a follow-on public-private competition to a prior pub18 lic-private competition conducted under such circular with19 in five years of the prior public-private competition if the 

20 activity or function covered by the prior public-private 

21 competition was performed by Federal Government employ22 ees as a result of the prior public-private competition. 

23 (c) Hereafter, the head of an executive agency may ex24 pend funds appropriated or otherwise made available for 

25 any purpose to the executive agency under this or any other 
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1 Act to monitor (in the administration of responsibilities 

2 under Office of Management and Budget Circular A–76 or 

3 any related policy, directive, or regulation) the performance 

4 of an activity or function of the executive agency that has 

5 previously been subjected to a public-private competition 

6 under such circular. 

7 (d) For the purposes of subchapter V of chapter 35 of 

8 title 31, United States Code—

9 (1) the person designated to represent employees 

10 of the Federal Government in a public-private com11 petition regarding the performance of an executive 

12 agency activity or function under Office of Manage13 ment and Budget Circular A–76—

14 (A) shall be treated as an interested party 

15 on behalf of such employees; and 

16 (B) may submit a protest with respect to 

17 such public-private competition on behalf of such 

18 employees; and 

19 (2) the Comptroller General shall dispose of such 

20 a protest in accordance with the policies and proce21 dures applicable to protests described in section 

22 3551(1) of such title under the procurement protest 

23 system provided under such subchapter. 

24 (e) An activity or function of an executive agency that 

25 is converted to contractor performance under Office of Man-
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1 agement and Budget Circular A–76 may not be performed 

2 by the contractor at a location outside the United States 

3 except to the extent that such activity or function was pre4 viously been performed by Federal Government employees 

5 outside the United States. 

6 (f) The process that applies to the selection of architects 

7 and engineers for meeting the requirements of an executive 

8 agency for architectural and engineering services under 

9 chapter 11 of title 40, United States Code, shall apply to 

10 a public-private competition for the performance of archi11 tectural and engineering services for an executive agency. 

12 (g) In this section, the term ‘‘executive agency’’ has 

13 the meaning given such term in section 4 of the Office of 

14 Federal Procurement Policy Act (41 U.S.C. 403). 

15 SEC. 645. MOTORIST INFORMATION CONCERNING

16 PHARMACY SERVICES. (a) IN GENERAL.—Not later than 

17 180 days after the date of enactment of this Act, the Sec18 retary of Transportation shall amend the Manual on Uni19 form Traffic Control Devices to include a provision requir20 ing that information be provided to motorists to assist mo21 torists in locating licensed 24-hour pharmacy services open 

22 to the public. 

23 (b) LOGO PANEL.—The provision under subsection (a) 

24 shall require placement of a logo panel that displays infor25 mation disclosing the names or logos of pharmacies de-
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1 scribed in subsection (a) that are located within 3 miles 

2 of an interchange on the Federal-aid system (as defined in 

3 section 101 of title 23, United States Code). 

4 SEC. 646. (a) None of the funds appropriated or other5 wise made available by this Act may be used to remove any 

6 area within a locality pay area established under section 

7 5304 of title 5, United States Code, from coverage under 

8 that locality pay area. 

9 (b) Subsection (a) shall not apply to the Rest of U.S. 

10 locality pay area. 

11 SEC. 647. Notwithstanding section 1346 of title 31, 

12 United States Code, and section 610 of this Act, the head 

13 of each executive department and agency shall transfer to 

14 or reimburse the Federal Aviation Administration, with the 

15 approval of the Director of the Office of Management and 

16 Budget, funds made available by this or any other Act for 

17 the purposes described below, and shall submit budget re18 quests for such purposes. These funds shall be administered 

19 by the Federal Aviation Administration as approved by the 

20 Director of the Office of Management and Budget, in con21 sultation with the appropriate interagency groups des22 ignated by the Director to ensure the operation of the Mid23 way Atoll Airfield by the Federal Aviation Administration 

24 pursuant to an operational agreement with the Department 

25 of the Interior. The total funds transferred or reimbursed 
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1 shall not exceed $6,000,000 and shall not be available for 

2 activities other than the operation of the airfield. The Direc3 tor of the Office of Management and Budget shall notify 

4 the Committees on Appropriations of such transfers or re5 imbursements within 15 days of this Act. Such transfers 

6 or reimbursements shall begin within 30 days of enactment 

7 of this Act. 

8 This Act may be cited as the ‘‘Transportation, Treas9 ury, and General Government Appropriations Act, 2004’’.

Passed the House of Representatives September 9, 

2003. 

Attest: JEFF TRANDAHL, 

Clerk.

Passed the Senate October 23, 2003. 

Attest: EMILY J. REYNOLDS, 

Secretary.