108TH CONGRESS

1ST SESSION H. R. 2989

AN ACT

Making appropriations for the Departments of

Transportation and Treasury, and independentagencies for the fiscal year ending September 30,2004, and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 2989

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,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 Departments of Transportation and Treasury and inde4 pendent agencies for the fiscal year ending September 30,

5 2004, and for other purposes, namely:

6 TITLE I

7 DEPARTMENT OF TRANSPORTATION

8 OFFICE OF THE SECRETARY

9 SALARIES AND EXPENSES

10 For necessary expenses of the Office of the Secretary,

11 $93,577,000 (increased by $500,000), of which not to ex12 ceed $2,212,000 shall be available for the immediate Of13 fice of the Secretary; not to exceed $841,000 shall be

14 available for the immediate Office of the Deputy Sec15 retary; not to exceed $15,560,000 shall be available for

16 the Office of the General Counsel; not to exceed

17 $12,717,000 shall be available for the Office of the Under

18 Secretary of Transportation for Policy; not to exceed

19 $8,630,000 shall be available for the Office of the Assist20 ant Secretary for Budget and Programs; not to exceed

21 $2,518,000 shall be available for the Office of the Assist22 ant Secretary for Governmental Affairs; not to exceed

23 $28,882,000 shall be available for the Office of the Assist24 ant Secretary for Administration; not to exceed

25 $1,982,000 shall be available for the Office of Public Af-
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1 fairs; not to exceed $1,447,000 shall be available for the

2 Office of the Executive Secretariat; not to exceed

3 $730,000 shall be available for the Board of Contract Ap4 peals; not to exceed $1,268,000 shall be available for the

5 Office of Small and Disadvantaged Business Utilization;

6 not to exceed $14,565,000 shall be available for the Office

7 of the Chief Information Officer; and not to exceed

8 $2,000,000 shall be available for the Office of Intelligence

9 and Security: Provided, That the Secretary of Transpor10 tation is authorized to transfer funds appropriated for any

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

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

13 appropriation for any office shall be increased or de14 creased by more than 5 percent by all such transfers: Pro15 vided further, That any change in funding greater than

16 5 percent shall be submitted for approval to the House

17 and Senate Committees on Appropriations: Provided fur18 ther, That not to exceed $60,000 shall be for allocation

19 within the Department for official reception and represen20 tation expenses as the Secretary may determine: Provided

21 further, That notwithstanding any other provision of law,

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

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

24 in funds received in user fees: Provided further, That none
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1 of the funds provided in this Act shall be available for

2 the position of Assistant Secretary for Public Affairs.

3 OFFICE OF CIVIL RIGHTS

4 For necessary expenses of the Office of Civil Rights,

5 $8,569,000.

6 TRANSPORTATION PLANNING, RESEARCH, AND

7 DEVELOPMENT

8 For necessary expenses for conducting transportation

9 planning, research, systems development, development ac10 tivities, and making grants, to remain available until ex11 pended, $8,336,000.

12 WORKING CAPITAL FUND

13 Necessary expenses for operating costs and capital

14 outlays of the Working Capital Fund, not to exceed

15 $116,715,000, shall be paid from appropriations made

16 available to the Department of Transportation: Provided,

17 That such services shall be provided on a competitive basis

18 to entities within the Department of Transportation: Pro19 vided further, That the above limitation on operating ex20 penses shall not apply to non-DOT entities: Provided fur21 ther, That no funds appropriated in this Act to an agency

22 of the Department shall be transferred to the Working

23 Capital Fund without the approval of the agency modal

24 administrator: Provided further, That no assessments may

25 be levied against any program, budget activity, subactivity
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1 or project funded by this Act unless notice of such assess2 ments and the basis therefor are presented to the House

3 and Senate Committees on Appropriations and are ap4 proved by such Committees.

5 MINORITY BUSINESS RESOURCE CENTER PROGRAM

6 For the cost of guaranteed loans, $500,000, as au7 thorized by 49 U.S.C. 332: Provided, That such costs, in8 cluding the cost of modifying such loans, shall be as de9 fined in section 502 of the Congressional Budget Act of

10 1974: Provided further, That these funds are available to

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

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

13 administrative expenses to carry out the guaranteed loan

14 program, $400,000.

15 MINORITY BUSINESS OUTREACH

16 For necessary expenses of Minority Business Re17 source Center outreach activities, $3,000,000, to remain

18 available until September 30, 2005: Provided, That not19 withstanding 49 U.S.C. 332, these funds may be used for

20 business opportunities related to any mode of transpor21 tation.

22 NEW HEADQUARTERS BUILDING

23 For necessary expenses of the Department of Trans24 portation’s new headquarters building and related serv25 ices, $45,000,000, to remain available until expended.
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1 FEDERAL AVIATION ADMINISTRATION

2 OPERATIONS

3 For necessary expenses of the Federal Aviation Ad4 ministration, not otherwise provided for, including oper5 ations and research activities related to commercial space

6 transportation, administrative expenses for research and

7 development, establishment of air navigation facilities, the

8 operation (including leasing) and maintenance of aircraft,

9 subsidizing the cost of aeronautical charts and maps sold

10 to the public, lease or purchase of passenger motor vehi11 cles for replacement only, in addition to amounts made

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

13 which $4,043,000,000 shall be derived from the Airport

14 and Airway Trust Fund, of which not to exceed

15 $6,076,724,000 shall be available for air traffic services

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

17 available for aviation regulation and certification program

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

19 for research and acquisition program activities; not to ex20 ceed $11,776,000 shall be available for commercial space

21 transportation program activities; not to exceed

22 $49,783,000 shall be available for financial services pro23 gram activities; not to exceed $75,367,000 shall be avail24 able for human resources program activities; not to exceed

25 $87,749,000 shall be available for regional coordination
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1 program activities; not to exceed $140,429,000 shall be

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

3 shall be available for information services: Provided, That

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

5 Federal Aviation Administration to finalize or implement

6 any regulation that would promulgate new aviation user

7 fees not specifically authorized by law after the date of

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

9 may be credited to this appropriation funds received from

10 States, counties, municipalities, foreign authorities, other

11 public authorities, and private sources, for expenses in12 curred in the provision of agency services, including re13 ceipts for the maintenance and operation of air navigation

14 facilities, and for issuance, renewal or modification of cer15 tificates, including airman, aircraft, and repair station cer16 tificates, or for tests related thereto, or for processing

17 major repair or alteration forms: Provided further, That

18 of the funds appropriated under this heading, not less

19 than $7,500,000 shall be for the contract tower cost-shar20 ing program: Provided further, That funds may be used

21 to enter into a grant agreement with a nonprofit standard22 setting organization to assist in the development of avia23 tion safety standards: Provided further, That none of the

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

25 the second career training program: Provided further,
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1 That none of the funds in this Act shall be available for

2 paying premium pay under 5 U.S.C. 5546(a) to any Fed3 eral Aviation Administration employee unless such em4 ployee actually performed work during the time cor5 responding to such premium pay: Provided further, That

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

7 to operate a manned auxiliary flight service station in the

8 contiguous United States: Provided further, That none of

9 the funds in this Act for aeronautical charting and cartog10 raphy are available for activities conducted by, or coordi11 nated through, the Working Capital Fund: Provided fur12 ther, That of the amount appropriated under this heading,

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

14 Loan Purchase Guarantee Program: Provided further,

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

16 Transportation, in consultation with the Administrator of

17 the Federal Aviation Administration, shall issue final reg18 ulations, pursuant to 5 U.S.C. 8335, establishing an ex19 emption process allowing individual air traffic controllers

20 to delay mandatory retirement until the employee reaches

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

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

23 available only for recruitment, personnel compensation

24 and benefits, and related costs to raise the level of oper25 ational air traffic control supervisors to the level of 1,726:
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1 Provided further, That none of the funds in this Act may

2 be obligated or expended to execute or continue to imple3 ment a memorandum of understanding or memorandum

4 of agreement (or any revisions thereto) with representa5 tives of any FAA bargaining unit unless such document

6 is filed in a central registry and catalogued in an auto7 mated, searchable database under the executive direction

8 of appropriate management representatives at FAA head9 quarters: Provided further, That none of the funds in this

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

11 Federal Aviation Administration to purchase a store gift

12 card or gift certificate through use of a Government-issued

13 credit card.

14 FACILITIES AND EQUIPMENT

15 (AIRPORT AND AIRWAY TRUST FUND)

16 For necessary expenses, not otherwise provided for,

17 for acquisition, establishment, technical support services,

18 improvement by contract or purchase, and hire of air navi19 gation and experimental facilities and equipment, as au20 thorized under part A of subtitle VII of title 49, United

21 States Code, including initial acquisition of necessary sites

22 by lease or grant; engineering and service testing, includ23 ing construction of test facilities and acquisition of nec24 essary sites by lease or grant; construction and furnishing

25 of quarters and related accommodations for officers and
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1 employees of the Federal Aviation Administration sta2 tioned at remote localities where such accommodations are

3 not available; and the purchase, lease, or transfer of air4 craft from funds available under this heading; to be de5 rived from the Airport and Airway Trust Fund,

6 $2,900,000,000 (reduced by $2,000,000) (increased by

7 $2,000,000), of which $2,479,158,800 shall remain avail8 able until September 30, 2006, and of which

9 $420,841,200 shall remain available until September 30,

10 2004: Provided, That there may be credited to this appro11 priation funds received from States, counties, municipali12 ties, other public authorities, and private sources, for ex13 penses incurred in the establishment and modernization

14 of air navigation facilities: Provided further, That upon ini15 tial submission to the Congress of the fiscal year 2005

16 President’s budget, the Secretary of Transportation shall

17 transmit to the Congress a comprehensive capital invest18 ment plan for the Federal Aviation Administration which

19 includes funding for each budget line item for fiscal years

20 2005 through 2009, with total funding for each year of

21 the plan constrained to the funding targets for those years

22 as estimated and approved by the Office of Management

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

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

25 is only for contract audit services provided by the Defense
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1 Contract Audit Agency: Provided further, That of the

2 funds provided under this heading, $20,000,000 is avail3 able only for the Houston Area Air Traffic System: Pro4 vided further, That none of the funds in this Act may be

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

6 2115, as passed the House of Representatives on June 12,

7 2003.

8 RESEARCH, ENGINEERING, AND DEVELOPMENT

9 (AIRPORT AND AIRWAY TRUST FUND)

10 For necessary expenses, not otherwise provided for,

11 for research, engineering, and development, as authorized

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

13 Code, including construction of experimental facilities and

14 acquisition of necessary sites by lease or grant,

15 $108,000,000, to be derived from the Airport and Airway

16 Trust Fund and to remain available until September 30,

17 2006: Provided, That there may be credited to this appro18 priation funds received from States, counties, municipali19 ties, other public authorities, and private sources, for ex20 penses incurred for research, engineering, and develop21 ment.

22 GENERAL PROVISIONS—FEDERAL AVIATION

23 ADMINISTRATION

24 SEC. 101. Notwithstanding any other provision of

25 law, airports may transfer, without consideration, to the
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1 Federal Aviation Administration (FAA) instrument land2 ing systems (along with associated approach lighting

3 equipment and runway visual range equipment) which

4 conform to FAA design and performance specifications,

5 the purchase of which was assisted by a Federal airport6 aid program, airport development aid program or airport

7 improvement program grant: Provided, That, the Federal

8 Aviation Administration shall accept such equipment,

9 which shall thereafter be operated and maintained by FAA

10 in accordance with agency criteria.

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

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

13 the federally funded research and development center con14 tract between the Federal Aviation Administration and the

15 Center for Advanced Aviation Systems Development dur16 ing fiscal year 2004.

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

18 Act may be used for engineering work related to an addi19 tional runway at Louis Armstrong New Orleans Inter20 national Airport.

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

22 to pursue or adopt guidelines or regulations requiring air23 port sponsors to provide to the Federal Aviation Adminis24 tration without cost building construction, maintenance,

25 utilities and expenses, or space in airport sponsor-owned
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1 buildings for services relating to air traffic control, air

2 navigation, or weather reporting: Provided, That the pro3 hibition of funds in this section does not apply to negotia4 tions between the agency and airport sponsors to achieve

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

6 grant assurances that require airport sponsors to provide

7 land without cost to the FAA for air traffic control facili8 ties.

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

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

11 prior permission rules at Teterboro Airport in Teterboro,

12 New Jersey.

13 SEC. 106. Notwithstanding any other provision of

14 law, funds appropriated for official travel by Federal de15 partments and agencies may be used by such departments

16 and agencies, if consistent with Office of Management and

17 Budget circular A–126 regarding official travel for Gov18 ernment personnel, to participate in the fractional aircraft

19 ownership pilot program.

20 FEDERAL HIGHWAY ADMINISTRATION

21 LIMITATION ON ADMINISTRATIVE EXPENSES

22 Necessary expenses for administration and operation

23 of the Federal Highway Administration, not to exceed

24 $359,458,000, shall be paid in accordance with law from

25 appropriations made available by this Act to the Federal
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1 Highway Administration together with advances and reim2 bursements received by the Federal Highway Administra3 tion.

4 FEDERAL-AID HIGHWAYS

5 (LIMITATION ON OBLIGATIONS)

6 (HIGHWAY TRUST FUND)

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

8 the implementation or execution of programs, the obliga9 tions for which are in excess of $33,385,000,000 for Fed10 eral-aid highways and highway safety construction pro11 grams for fiscal year 2004: Provided, That within the

12 $33,385,000,000 obligation limitation on Federal-aid

13 highways and highway safety construction programs, not

14 more than $462,500,000 shall be available for the imple15 mentation or execution of programs for transportation re16 search (sections 502, 503, 504, 506, 507, and 508 of title

17 23, United States Code, as amended; section 5505 of title

18 49, United States Code, as amended; and sections 5112

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

20 2004: Provided further, That this limitation on transpor21 tation research programs shall not apply to any authority

22 previously made available for obligation.
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1 FEDERAL-AID HIGHWAYS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (HIGHWAY TRUST FUND)

4 For carrying out the provisions of title 23, United

5 States Code, that are attributable to Federal-aid high6 ways, including the National Scenic and Recreational

7 Highway as authorized by 23 U.S.C. 148, not otherwise

8 provided, including reimbursement for sums expended

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

10 $34,000,000,000 or so much thereof as may be available

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

12 available until expended.

13 FEDERAL-AID HIGHWAYS

14 (HIGHWAY TRUST FUND)

15 For an additional amount for Federal-aid highways

16 and highway safety construction programs pursuant to

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

18 from the Highway Trust Fund (other than the Mass Tran19 sit Account) and to remain available until expended: Pro20 vided, That amounts under this heading shall be distrib21 uted in the same manner as if made available under 23

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

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

24 obligation limitation or contract authority set forth in this

25 Act or any other Act: Provided further, That, before such
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1 allocation and distribution are made, $133,450,000 shall

2 be retained for surface transportation projects.

3 GENERAL PROVISIONS—FEDERAL HIGHWAY

4 ADMINISTRATION

5 SEC. 110. Notwithstanding 31 U.S.C. 3302, funds re6 ceived by the Bureau of Transportation Statistics from the

7 sale of data products, for necessary expenses incurred pur8 suant to 49 U.S.C. 111 may be credited to the Federal9 aid highways account for the purpose of reimbursing the

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

11 be subject to the obligation limitation for Federal-aid

12 highways and highway safety construction.

13 SEC. 111. Notwithstanding any other provision of

14 law:

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

16 Transportation Efficiency Act of 1991 (105 Stat.

17 2032; 112 Stat. 191; 115 Stat. 871) is amended—

18 (A) in paragraph (42), by striking ‘‘Ful19 ton, Mississippi,’’ the first time that it appears

20 and all that follows to the end of the paragraph

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

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

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

24 from Memphis, Tennessee, to Corridor X of the Ap25 palachian development highway system near Fulton,
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1 Mississippi, and Corridor X of the Appalachian de2 velopment highway system extending from near Ful3 ton, Mississippi, to near Birmingham, Alabama.’’.

4 (2) Section 1105(e)(5) of the Intermodal Sur5 face Transportation Efficiency Act of 1991 (105

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

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

8 IN GENERAL.—The portions’’ and all that fol9 lows through the end of the first sentence and

10 inserting:

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

12 routes referred to in subsection (c)(1), sub13 section (c)(3) (relating solely to the Kentucky

14 Corridor), clauses (i), (ii), and (except with re15 spect to Georgetown County) (iii) of subsection

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

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

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

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

20 the Interstate System are designated as future

21 parts of the Interstate System.’’; and

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

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

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

25 Route I–22.’’.
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1 SEC. 112. Notwithstanding any other provision of

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

3 the 21st Century—

4 (1) item number 230 is amended by striking

5 ‘‘Monroe County transportation improvements on

6 Long Pond Road, Pattonwood Road, and Lyell

7 road’’ and inserting ‘‘Route 531/Brockport-Roch8 ester Corridor in Monroe County, New York’’.

9 (2) Item number 1149 is amended by striking

10 ‘‘Traffic Mitigation Project on William Street and

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

12 and implement mitigation and diversion options for

13 William Street and Broadway Street in

14 Cheektowaga, I–90 Corridor Study; Interchange 53

15 to Interchange 49, PIN 552830 and Cheektowaga

16 Rails to Trails, PIN 575508’’.

17 (3) Item number 476 is amended by striking

18 ‘‘Expand Perkins Road in Baton Rouge’’ and insert19 ing ‘‘Feasibility study, design, and construction of a

20 connector between Louisiana Highway 1026 and I–

21 12 in Livingston Parish’’.

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

23 1602 of the Transportation Equity Act for the 21st

24 Century, relating to construction of a bike path in

25 Michigan, is amended by striking ‘‘between Mount
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1 Clemens and New Baltimore’’ and inserting ‘‘for the

2 Macomb Orchard Trail in Macomb County’’.

3 SEC. 113. Intelligent Transportation Systems appro4 priations made to the State of Wisconsin in Public Law

5 105–277, Public Law 106–69, and Public Law 107–87

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

7 178, section 5208(d), 23 U.S.C. 502 note.

8 SEC. 114. Notwithstanding Public Law 105–178, sec9 tion 5208(d), Intelligent Transportation Systems appro10 priations for—

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

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

13 106–69 shall be available for use in the counties of

14 Ashland, Barron, Bayfield, Burnett, Chippewa,

15 Douglas, Iron, Lincoln, Marathon, Polk, Portage,

16 Price, Rusk, Sawyer, Taylor, Washburn, Wood,

17 Clark, Langlade, and Oneida; and

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

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

20 for use in the City of Superior and northern Wis21 consin.

22 SEC. 115. Notwithstanding any other provision of

23 law, for the purpose of assisting in the development, con24 struction and financing of additional improvements to the

25 Alameda Corridor, including construction of a truck ex-
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1 pressway or other enhancements, the Secretary of Trans2 portation shall modify the loan agreement entered into

3 with the Alameda Corridor Transportation Authority pur4 suant to Public Law 104–208 to revise the interest rate

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

6 of the loan agreement, on marketable Treasury securities

7 of similar maturity to the expected remaining average life

8 of the loan.

9 SEC. 116. (a) IN GENERAL.—As soon as practicable

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

11 Transportation shall enter into an agreement with the

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

13 a method of funding for construction of a Hoover Dam

14 Bypass Bridge from funds allocated for the Federal Lands

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

16 States Code.

17 (b) METHODS OF FUNDING.—

18 (1) The agreement entered into under sub19 section (a) shall provide for funding in a manner

20 consistent with the advance construction and debt

21 instrument financing procedures for Federal-aid

22 highways set forth in section 115 and 122 of title

23 23, except that the funding source may include

24 funds made available under the Federal Lands

25 Highway Program.
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1 (2) Eligibility for funding under this subsection

2 shall not be construed as a commitment, guarantee,

3 or obligation on the part of the United States to

4 provide for payment of principal or interest of an eli5 gible debt financing instrument as so defined in sec6 tion 122, nor create a right of a third party against

7 the United States for payment under an eligible debt

8 financing instrument. The agreement entered into

9 pursuant to subsection (a) shall make specific ref10 erence to this provision of law.

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

12 the use of other available funds for which the project

13 referenced in subsection (a) is eligible.

14 FEDERAL MOTOR CARRIER SAFETY

15 ADMINISTRATION

16 MOTOR CARRIER SAFETY

17 (LIMITATION ON ADMINISTRATIVE EXPENSES)

18 (HIGHWAY TRUST FUND)

19 For necessary expenses for administration of motor

20 carrier safety programs and motor carrier safety research,

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

22 Code, not to exceed $236,753,000 shall be paid in accord23 ance with law from appropriations made available by this

24 Act and from any available take-down balances to the Fed25 eral Motor Carrier Safety Administration, together with

26 advances and reimbursements received by the Federal
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1 Motor Carrier Safety Administration: Provided, That such

2 amounts shall be available to carry out the functions and

3 operations of the Federal Motor Carrier Safety Adminis4 tration.

5 NATIONAL MOTOR CARRIER SAFETY PROGRAM

6 (LIQUIDATION OF CONTRACT AUTHORIZATION)

7 (LIMITATION ON OBLIGATIONS)

8 (HIGHWAY TRUST FUND)

9 For payment of obligations incurred in carrying out

10 49 U.S.C. 31102, 31106 and 31309, $190,000,000, to be

11 derived from the Highway Trust Fund and to remain

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

13 in this Act shall be available for the implementation or

14 execution of programs the obligations for which are in ex15 cess of $190,000,000 for ‘‘Motor Carrier Safety Grants’’

16 and ‘‘Information Systems’’.

17 GENERAL PROVISIONS—FEDERAL MOTOR CARRIER

18 SAFETY ADMINISTRATION

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

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

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

22 16, 2003 (Docket No. FMCSA–97–2350) as it applies to

23 operators of utility service vehicles as defined in 49 CFR

24 section 395.2.

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

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

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

6 NATIONAL HIGHWAY TRAFFIC SAFETY

7 ADMINISTRATION

8 OPERATIONS AND RESEARCH

9 For expenses necessary to discharge the functions of

10 the Secretary, with respect to traffic and highway safety

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

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

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

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

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

18 Regulations any requirement pertaining to a grading

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

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out

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

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

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

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

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

12 under 23 U.S.C. 403.

13 NATIONAL DRIVER REGISTER

14 (HIGHWAY TRUST FUND)

15 For expenses necessary to discharge the functions of

16 the Secretary with respect to the National Driver Register

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

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

19 and to remain available until expended.

20 HIGHWAY TRAFFIC SAFETY GRANTS

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (LIMITATION ON OBLIGATIONS)

23 (HIGHWAY TRUST FUND)

24 For payment of obligations incurred in carrying out

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

26 available until expended, $225,000,000, to be derived from
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1 the Highway Trust Fund: Provided, That none of the

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

3 execution of programs the total obligations for which, in

4 fiscal year 2004, are in excess of $225,000,000 for pro5 grams authorized under 23 U.S.C. 402, 405, and 410, of

6 which $165,000,000 shall be for ‘‘Highway Safety Pro7 grams’’ under 23 U.S.C. 402, $20,000,000 shall be for

8 ‘‘Occupant Protection Incentive Grants’’ under 23 U.S.C.

9 405, and $40,000,000 shall be for ‘‘Alcohol-Impaired

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

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

12 for construction, rehabilitation, or remodeling costs, or for

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

14 buildings or structures: Provided further, That not to ex15 ceed $8,150,000 of the funds made available for section

16 402, not to exceed $1,000,000 of the funds made available

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

18 made available for section 410 shall be available to

19 NHTSA for administering highway safety grants under

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

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

22 for section 157, and $2,600,000 of the funds made avail23 able for section 163, shall be available to NHTSA for ad24 ministering highway safety grants under chapter 1 of title

25 23, United States Code: Provided further, That not to ex-
26

•HR 2989 EH

1 ceed $500,000 of the funds made available for section 410

2 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’

3 shall be available for technical assistance to the States.

4 GENERAL PROVISIONS—NATIONAL HIGHWAY TRAFFIC

5 SAFETY ADMINISTRATION

6 SEC. 140. Notwithstanding any other provision of

7 law, States may use funds provided in this Act under sec8 tion 402 of title 23, United States Code, to produce and

9 place highway safety public service messages in television,

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

11 accordance with guidance issued by the Secretary of

12 Transportation: Provided, That any state that uses funds

13 for such public service messages shall submit to the Sec14 retary and the House and Senate Committees on Appro15 priations a report describing and assessing the effective16 ness of the messages.

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

18 Act may be used for the purpose of enforcing compliance

19 with 49 CFR section 579.24, promulgated by the National

20 Highway Traffic Safety Administration in accordance with

21 section 30166(m) of title 49, United States Code, with re22 spect to trailers rated at 26,000 pounds or less gross vehi23 cle weight.
27

•HR 2989 EH

1 FEDERAL RAILROAD ADMINISTRATION

2 SAFETY AND OPERATIONS

3 For necessary expenses of the Federal Railroad Ad4 ministration, not otherwise provided for, $130,922,000, of

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

6 RAILROAD RESEARCH AND DEVELOPMENT

7 For necessary expenses for railroad research and de8 velopment, $28,225,000, to remain available until ex9 pended.

10 RAILROAD REHABILITATION AND IMPROVEMENT

11 PROGRAM

12 (LIMITATION ON DIRECT LOANS AND LOAN GUARANTEES)

13 The Secretary of Transportation is authorized to

14 issue to the Secretary of the Treasury notes or other obli15 gations pursuant to section 512 of the Railroad Revitaliza16 tion and Regulatory Reform Act of 1976 (Public Law 94–

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

18 may be necessary to pay any amounts required pursuant

19 to the guarantee of the principal amount of obligations

20 under sections 511 through 513 of such Act, such author21 ity to exist as long as any such guaranteed obligation is

22 outstanding: Provided, That pursuant to section 502 of

23 such Act, as amended, no new direct loans or loan guar24 antee commitments shall be made using Federal funds for

25 the credit risk premium during fiscal year 2004.
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•HR 2989 EH

1 NEXT GENERATION HIGH-SPEED RAIL

2 For necessary expenses for the Next Generation

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

4 26101 and 26102, $28,250,000, to remain available until

5 expended.

6 GRANTS TO THE NATIONAL RAILROAD PASSENGER

7 CORPORATION

8 To enable the Secretary of Transportation to make

9 grants to the National Railroad Passenger Corporation,

10 $900,000,000, to remain available until September 30,

11 2004, including $400,000,000 for quarterly grants for op12 erating expenses, $373,000,000 for quarterly grants for

13 capital expenses along the Northeast Corridor Mainline,

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

15 improvements: Provided, That the Secretary of Transpor16 tation shall approve funding to cover operating losses and

17 a long-distance train of the National Railroad Passenger

18 Corporation only after receiving and reviewing a grant re19 quest for each specific train route: Provided further, That

20 each such grant request shall be accompanied by a de21 tailed financial analysis and revenue projection justifying

22 the Federal support to the Secretary’s satisfaction: Pro23 vided further, That the Secretary of Transportation and

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

25 amount made available under this heading, sufficient sums
29

•HR 2989 EH

1 are reserved to satisfy the contractual obligations of the

2 National Railroad Passenger Corporation for commuter

3 and intercity passenger rail service: Provided further, That

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

5 October 1, 2003, 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

12 an estimated timetable for completion of the projects cov13 ered by this business plan: Provided further, That not later

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

15 shall submit to the Secretary of Transportation and the

16 House and Senate Committees on Appropriations a sup17 plemental report regarding the business plan, which shall

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

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

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

21 for operating expenses and capital projects not approved

22 by the Secretary of Transportation nor on the National

23 Railroad Passenger Corporation’s fiscal year 2004 busi24 ness plan: Provided further, That none of the funds under

25 this heading may be obligated or expended until the Na-
30

•HR 2989 EH

1 tional Railroad Passenger Corporation agrees to continue

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

3 11 of the summary of conditions for the direct loan agree4 ment of June 28, 2002, in the same manner as in effect

5 on the date of enactment of this Act.

6 GENERAL PROVISIONS—FEDERAL RAILROAD

7 ADMINISTRATION

8 SEC. 150. To authorize the Surface Transportation

9 Board to direct the continued operation of certain com10 muter rail passenger transportation operations in emer11 gency situations, and for other purposes:

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

13 is amended—

14 (1) in subsection (a)—

15 (A) by inserting ‘‘failure of existing com16 muter rail passenger transportation operations

17 caused by a cessation of service by the National

18 Railroad Passenger Corporation,’’ after ‘‘ces19 sation of operations,’’;

20 (B) by striking ‘‘or’’ at the end of para21 graph (3);

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

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

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

25 paragraph:
31

•HR 2989 EH

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

2 or commuter rail passenger transportation oper3 ations caused by a cessation of service by the Na4 tional Railroad Passenger Corporation, direct the

5 continuation of the operations and dispatching,

6 maintenance, and other necessary infrastructure

7 functions related to the operations.’’;

8 (2) in subsection (b)(3)—

9 (A) by striking ‘‘When’’ and inserting ‘‘(A)

10 Except as provided in subparagraph (B),

11 when’’; and

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

13 subparagraph:

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

15 commuter rail passenger transportation operations caused

16 by a cessation of service by the National Railroad Pas17 senger Corporation, the Board shall provide funding to

18 fully reimburse the directed service provider for its costs

19 associated with the activities directed under subsection

20 (a), including the payment of increased insurance pre21 miums. The Board shall order complete indemnification

22 against any and all claims associated with the provision

23 of service to which the directed rail carrier may be ex24 posed.’’;
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•HR 2989 EH

1 (3) by adding the following new paragraph at

2 the end of subsection (c):

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

4 commuter rail passenger transportation operations caused

5 by cessation of service by the National Railroad Passenger

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

7 undertake activities under subsection (a) to continue such

8 operations unless—

9 ‘‘(A) the Board first affirmatively finds that the

10 rail carrier is operationally capable of conducting the

11 directed service in a safe and efficient manner; and

12 ‘‘(B) the funding for such directed service re13 quired by subparagraph (B) of subsection (b)(3) is

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

15 (4) by adding at the end the following new sub16 sections:

17 ‘‘(e) For purposes of this section, the National Rail18 road Passenger Corporation and any entity providing com19 muter rail passenger transportation shall be considered

20 rail carriers subject to the Board’s jurisdiction.

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

22 rail passenger transportation’ has the meaning given that

23 term in section 24102(4).’’.
33

•HR 2989 EH

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

2 is amended by inserting ‘‘11123,’’ after ‘‘except for sec3 tions’’.

4 FEDERAL TRANSIT ADMINISTRATION

5 ADMINISTRATIVE EXPENSES

6 For necessary administrative expenses of the Federal

7 Transit Administration’s programs, $14,500,000: Pro8 vided, That no more than $72,500,000 of budget authority

9 shall be available for these purposes: Provided further,

10 That of the funds available not to exceed $948,000 shall

11 be available for the Office of the Administrator; not to

12 exceed $6,126,000 shall be available for the Office of Ad13 ministration; not to exceed $3,848,000 shall be available

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

15 $1,067,000 shall be available for the Office of Commu16 nication and Congressional Affairs; not to exceed

17 $7,303,000 shall be available for the Office of Program

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

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

20 $4,328,000 shall be available for the Office of Demonstra21 tion and Innovation; not to exceed $2,657,000 shall be

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

23 $3,732,000 shall be available for the Office of Planning;

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

25 offices; and not to exceed $16,567,000 shall be available
34

•HR 2989 EH

1 for the central account: Provided further, That the Admin2 istrator is authorized to transfer funds appropriated for

3 an office of the Federal Transit Administration: Provided

4 further, That no appropriation for an office shall be in5 creased or decreased by more than 3 percent by all such

6 transfers: Provided further, That any change in funding

7 greater than 3 percent shall be submitted for approval to

8 the House and Senate Committees on Appropriations:

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

10 available for travel expenses: Provided further, That of the

11 funds in this Act available for the execution of contracts

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

13 $2,000,000 shall be reimbursed to the Department of

14 Transportation’s Office of Inspector General for costs as15 sociated 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

18 National 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 ex-
35

•HR 2989 EH

1 pended: Provided, That no more than $3,839,000,000 of

2 budget authority shall be available for these purposes.

3 UNIVERSITY TRANSPORTATION RESEARCH

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

5 $1,200,000, to remain available until expended: Provided,

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

7 be available for these purposes.

8 TRANSIT PLANNING AND RESEARCH

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

10 5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and

11 5322, $24,200,000, to remain available until expended:

12 Provided, That no more than $122,000,000 of budget au13 thority shall be available for these purposes: Provided fur14 ther, That $5,250,000 is available to provide rural trans15 portation assistance (49 U.S.C. 5311(b)(2)), $4,000,000

16 is available to carry out programs under the National

17 Transit Institute (49 U.S.C. 5315), $8,250,000 is avail18 able to carry out transit cooperative research programs

19 (49 U.S.C. 5313(a)), $60,385,600 is available for metro20 politan planning (49 U.S.C. 5303, 5304, and 5305),

21 $12,614,400 is available for State planning (49 U.S.C.

22 5313(b)); and $31,500,000 is available for the national

23 planning and research program (49 U.S.C. 5314).
36

•HR 2989 EH

1 TRUST FUND SHARE OF EXPENSES

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (HIGHWAY TRUST FUND)

4 For payment of obligations incurred in carrying out

5 49 U.S.C. 5303–5308, 5310–5315, 5317(b), 5322, 5327,

6 5334, 5505, and sections 3037 and 3038 of Public Law

7 105–178, $5,807,020,000 to remain available until ex8 pended, and to be derived from the Mass Transit Account

9 of the Highway Trust Fund: Provided, That

10 $3,071,200,000 shall be paid to the Federal Transit Ad11 ministration’s formula grants account: Provided further,

12 That $97,800,000 shall be paid to the Federal Transit Ad13 ministration’s transit planning and research account: Pro14 vided further, That $58,000,000 shall be paid to the Fed15 eral Transit Administration’s administrative expenses ac16 count: Provided further, That $4,800,000 shall be paid to

17 the Federal Transit Administration’s university transpor18 tation research account: Provided further, That

19 $64,000,000 shall be paid to the Federal Transit Adminis20 tration’s job access and reverse commute grants program:

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

22 Federal Transit Administration’s capital investment

23 grants account.
37

•HR 2989 EH

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, $599,280,000, to remain available

5 until expended: Provided, That no more than

6 $3,106,500,000 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, $677,700,000; and there

12 shall be available for new fixed guideway systems

13 $1,214,400,000, to be available as follows:

14 Baltimore, MD, Central Light Rail Double

15 Track Project, $40,000,000;

16 BART San Francisco Airport (SFO), CA, Ex17 tension Project, $100,000,000;

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

19 Charlotte, NC, South Corridor Light Rail

20 Project, $4,000,000;

21 Chicago Transit Authority, IL, Douglas Branch

22 Reconstruction, $85,000,000;

23 Chicago, IL, Metra Commuter Rail Expansions

24 and Extensions, $52,000,000;
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•HR 2989 EH

1 Chicago, IL, Ravenswood Reconstruction,

2 $45,000,000;

3 Dallas, TX, North Central Light Rail Exten4 sion, $30,161,283;

5 Denver, CO, Southeast Corridor LRT (T6 REX), $80,000,000;

7 East Side Access Project, NY, Phase I,

8 $70,000,000;

9 Ft. Lauderdale, FL, Tri-Rail Commuter

10 Project, $18,410,000;

11 Las Vegas, NV, Resort Corridor Fixed Guide12 way, $15,000,000;

13 Los Angeles, CA, Eastside Light Rail Transit

14 System, $10,000,000;

15 Memphis, TN, Medical Center Rail Extension,

16 $9,247,588;

17 Minneapolis, MN, Hiawatha Corridor Light

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

19 New Orleans, LA, Canal Street Streetcar

20 Project, $23,921,373;

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

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

23 $22,566,022;

24 Northern, NJ, Hudson-Bergen Light Rail

25 (MOS2), $100,000,000;
39

•HR 2989 EH

1 Phoenix, AZ, Central Phoenix/East Valley

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

3 Pittsburgh, PA, Stage II Light Rail Transit

4 Reconstruction, $32,243,422;

5 Portland, OR, Interstate MAX Light Rail Ex6 tension, $77,500,000;

7 Raleigh, NC, Triangle Transit Authority Re8 gional Rail Project, $3,000,000;

9 Salt Lake City, UT, Medical Center LRT Ex10 tension, $30,663,361;

11 San Diego, CA, Mission Valley East Light Rail

12 Transit Extension, $65,000,000;

13 San Diego, CA, Oceanside-Escondido Rail

14 Project, $48,000,000;

15 San Juan, PR, Tren Urbano Rapid Transit

16 System, $43,540,000;

17 Seattle, WA, Sound Transit Central Link Ini18 tial Segment, $15,000,000;

19 Washington, DC/MD, Largo Extension,

20 $65,000,000;

21 Washington, DC/VA, Dulles Corridor Rapid

22 Transit Project, $25,000,000;

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

24 Oversight set-aside, $12,144,000; and
40

•HR 2989 EH

1 San Francisco, CA, Muni Third Street Light

2 Rail Project, $10,000,000:

3 Provided further, That notwithstanding any other provi4 sion of law, for the purpose of calculating the non-New

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

6 San Francisco Muni’s Third Street Light Rail Transit

7 project for fiscal year 2004, the Secretary of Transpor8 tation shall include all non-New Starts contributions made

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

10 final design and construction, and also shall allow non11 New Starts funds expended on one element or phase of

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

13 requirement of any element or phase of the project: Pro14 vided further, That none of the funds provided in this Act

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

16 Transit Project shall be obligated if the Federal Transit

17 Administration determines that the project is found to be

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

19 revised transportation system user benefit data.

20 JOB ACCESS AND REVERSE COMMUTE GRANTS

21 For necessary expenses to carry out section 3037 of

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

23 available until expended: Provided, That no more than

24 $85,000,000 of budget authority shall be available for

25 these purposes: Provided further, That up to $200,000 of
41

•HR 2989 EH

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

2 Federal Transit Administration for technical assistance

3 and support and performance reviews of the Job Access

4 and Reverse Commute Grants program.

5 GENERAL PROVISIONS—FEDERAL TRANSIT

6 ADMINISTRATION

7 SEC. 160. The limitations on obligations for the pro8 grams of the Federal Transit Administration shall not

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

10 made available for obligation, or to any other authority

11 previously made available for obligation.

12 SEC. 161. Notwithstanding any other provision of

13 law, and except for fixed guideway modernization projects,

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

15 Administration, Capital investment grants’’ for projects

16 specified in this Act or identified in reports accompanying

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

18 recoveries, shall be made available for other projects under

19 49 U.S.C. 5309.

20 SEC. 162. Notwithstanding any other provision of

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

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

23 that remain available for expenditure may be transferred

24 to and administered under the most recent appropriation

25 heading for any such section.
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•HR 2989 EH

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

2 available for the design, construction, or maintenance of

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

4 not been specifically approved by a majority of the partici5 pating voters in the Houston Metropolitan Transit Au6 thority service area in a referendum.

7 SEC. 164. Notwithstanding any other provision of

8 law, funds made available for the Roaring Fork Transpor9 tation Authority, Colorado, under Public Laws 106–69

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

11 Valley Bus Rapid Transit project.

12 SAINT LAWRENCE SEAWAY DEVELOPMENT

13 CORPORATION

14 The Saint Lawrence Seaway Development Corpora15 tion is hereby authorized to make such expenditures, with16 in the limits of funds and borrowing authority available

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

18 such contracts and commitments without regard to fiscal

19 year limitations as provided by section 104 of the Govern20 ment Corporation Control Act, as amended, as may be

21 necessary in carrying out the programs set forth in the

22 Corporation’s budget for the current fiscal year.
43

•HR 2989 EH

1 OPERATIONS AND MAINTENANCE

2 (HARBOR MAINTENANCE TRUST FUND)

3 For necessary expenses for operations and mainte4 nance of those portions of the Saint Lawrence Seaway op5 erated and maintained by the Saint Lawrence Seaway De6 velopment Corporation, $14,700,000, to be derived from

7 the Harbor Maintenance Trust Fund, pursuant to Public

8 Law 99–662.

9 MARITIME ADMINISTRATION

10 MARITIME SECURITY PROGRAM

11 For necessary expenses to maintain and preserve a

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

13 needs of the United States, $98,700,000, to remain avail14 able until expended.

15 OPERATIONS AND TRAINING

16 For necessary expenses of operations and training ac17 tivities authorized by law, $105,897,000, of which

18 $22,000,000 shall remain available until September 30,

19 2004, for salaries and benefits of employees of the United

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

21 shall remain available until expended for capital improve22 ments at the United States Merchant Marine Academy;

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

24 for the State Maritime Schools Schoolship Maintenance

25 and Repair; of which $500,000 shall remain available until
44

•HR 2989 EH

1 expended for the evaluation and provision of the fourteen

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

3 shall remain available until September 30, 2005, for Mari4 time Security Professional Training in support of Section

5 109 of the Maritime Transportation Security Act of 2002.

6 SHIP DISPOSAL

7 For necessary expenses related to the disposal of ob8 solete vessels in the National Defense Reserve Fleet of the

9 Maritime Administration, $14,000,000, to remain avail10 able until expended.

11 GENERAL PROVISIONS—MARITIME ADMINISTRATION

12 SEC. 170. Notwithstanding any other provision of

13 this or any other Act, the Maritime Administration is au14 thorized to furnish utilities and services and make nec15 essary repairs in connection with any lease, contract, or

16 occupancy involving Government property under control of

17 the Maritime Administration, and payments received

18 therefore shall be credited to the appropriation charged

19 with the cost thereof: Provided, That rental payments

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

21 other than such utilities, services, or repairs shall be de22 posited into the Treasury as miscellaneous receipts. No

23 obligations shall be incurred during the current fiscal year

24 from the construction fund established by the Merchant

25 Marine Act, 1936, or otherwise, in excess of the appropria-
45

•HR 2989 EH

1 tions and limitations contained in this Act or in any prior

2 Appropriations Act.

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

4 Wartime Supplemental Appropriations Act (Public Law

5 108–11) is amended by striking ‘‘For the cost of guaran6 teed loans, as authorized, $25,000,000, to remain avail7 able until September 30, 2005:’’ and inserting ‘‘For the

8 cost of guaranteed loans and associated administrative ex9 penses, as authorized, $25,000,000, to remain available

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

11 be used for associated administrative expenses:’’.

12 RESEARCH AND SPECIAL PROGRAMS

13 ADMINISTRATION

14 RESEARCH AND SPECIAL PROGRAMS

15 For expenses necessary to discharge the functions of

16 the Research and Special Programs Administration,

17 $47,018,000, of which $645,000 shall be derived from the

18 Pipeline Safety Fund, and of which $2,437,000 shall re19 main available until September 30, 2006: Provided, That

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

21 5108(g) shall be deposited in the general fund of the

22 Treasury as offsetting receipts: Provided further, That

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

24 until expended, funds received from States, counties, mu25 nicipalities, other public authorities, and private sources
46

•HR 2989 EH

1 for expenses incurred for training, for reports publication

2 and dissemination, and for travel expenses incurred in per3 formance of hazardous materials exemptions and approv4 als functions.

5 PIPELINE SAFETY

6 (PIPELINE SAFETY FUND)

7 (OIL SPILL LIABILITY TRUST FUND)

8 For expenses necessary to conduct the functions of

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

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

11 60107, and to discharge the pipeline program responsibil12 ities of the Oil Pollution Act of 1990, $64,054,000, of

13 which $9,000,000 shall be derived from the Oil Spill Li14 ability Trust Fund and shall remain available until Sep15 tember 30, 2006; of which $55,054,000 shall be derived

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

17 shall remain available until September 30, 2006.

18 EMERGENCY PREPAREDNESS GRANTS

19 (EMERGENCY PREPAREDNESS FUND)

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

21 5127(c), $200,000, to be derived from the Emergency

22 Preparedness Fund, to remain available until September

23 30, 2006: Provided, That not more than $14,300,000 shall

24 be made available for obligation in fiscal year 2004 from

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

26 and 5127(d): Provided further, That none of the funds
47

•HR 2989 EH

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

2 5127(d) shall be made available for obligation by individ3 uals other than the Secretary of Transportation, or his

4 designee.

5 OFFICE OF INSPECTOR GENERAL

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of Inspector

8 General to carry out the provisions of the Inspector Gen9 eral Act of 1978, as amended, $55,000,000: Provided,

10 That the Inspector General shall have all necessary au11 thority, in carrying out the duties specified in the Inspec12 tor General Act, as amended (5 U.S.C. App. 3) to inves13 tigate allegations of fraud, including false statements to

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

15 that is subject to regulation by the Department: Provided

16 further, That the funds made available under this heading

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

18 title 49, United States Code: (1) unfair or deceptive prac19 tices and unfair methods of competition by domestic and

20 foreign air carriers and ticket agents; and (2) the compli21 ance of domestic and foreign air carriers with respect to

22 item (1) of this proviso.
48

•HR 2989 EH

1 SURFACE TRANSPORTATION BOARD

2 SALARIES AND EXPENSES

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

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

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

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

10 expenses under this heading: Provided further, That the

11 sum herein appropriated from the general fund shall be

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

14 a final appropriation from the general fund estimated at

15 no more than $18,471,000.

16 TITLE II—DEPARTMENT OF THE TREASURY

17 DEPARTMENTAL OFFICES

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses of the Departmental Offices

21 including operation and maintenance of the Treasury

22 Building and Annex; hire of passenger motor vehicles;

23 maintenance, repairs, and improvements of, and purchase

24 of commercial insurance policies for, real properties leased

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

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

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

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

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

12 grants to State and local law enforcement groups to help

13 fight money laundering: Provided further, That of these

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

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

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

19 further, That this transfer authority shall be in addition

20 to any other provided in this Act.

21 DEPARTMENT-WIDE SYSTEMS AND CAPITAL

22 INVESTMENTS PROGRAMS

23 (INCLUDING TRANSFER OF FUNDS)

24 For development and acquisition of automatic data

25 processing equipment, software, and services for the De-
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•HR 2989 EH

1 partment of the Treasury, $36,653,000, to remain avail2 able until September 30, 2006: Provided, That these funds

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

6 That this transfer authority shall be in addition to any

7 other transfer authority provided in this Act.

8 OFFICE OF INSPECTOR GENERAL

9 SALARIES AND EXPENSES

10 For necessary expenses of the Office of Inspector

11 General in carrying out the provisions of the Inspector

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

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

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

15 reception and representation expenses; and not to exceed

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

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

19 TREASURY INSPECTOR GENERAL FOR TAX

20 ADMINISTRATION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Treasury Inspector

23 General for Tax Administration in carrying out the In24 spector General Act of 1978, as amended, including pur25 chase (not to exceed 150 for replacement only for police-
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•HR 2989 EH

1 type use) and hire of passenger motor vehicles (31 U.S.C.

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

3 rates as may be determined by the Inspector General for

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

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

7 and expended under the direction of the Inspector General

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

9 AIR TRANSPORTATION STABILIZATION PROGRAM

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

12 of the Air Transportation Safety and System Stabilization

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

14 until expended.

15 TREASURY BUILDING AND ANNEX REPAIR AND

16 RESTORATION

17 For the repair, alteration, and improvement of the

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

19 available until September 30, 2006.

20 FINANCIAL CRIMES ENFORCEMENT NETWORK

21 SALARIES AND EXPENSES

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

25 personnel to attend meetings concerned with financial in-
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•HR 2989 EH

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

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

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

8 2005: Provided, That funds appropriated in this account

9 may be used to procure personal services contracts.

10 FINANCIAL MANAGEMENT SERVICE

11 SALARIES AND EXPENSES

12 For necessary expenses of the Financial Management

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

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

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

17 and representation expenses.

18 ALCOHOL AND TOBACCO TAX AND TRADE

19 BUREAU

20 SALARIES AND EXPENSES

21 For necessary expenses of carrying out section 1111

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

23 passenger motor vehicles, $80,000,000; of which not to ex24 ceed $6,000 for official reception and representation ex25 penses; not to exceed $50,000 for cooperative research and
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•HR 2989 EH

1 development programs for Laboratory Services; and provi2 sion of laboratory assistance to State and local agencies

3 with or without reimbursement.

4 UNITED STATES MINT

5 UNITED STATES MINT PUBLIC ENTERPRISE FUND

6 Pursuant to section 5136 of title 31, United States

7 Code, the United States Mint is provided funding through

8 the United States Mint Public Enterprise Fund for costs

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

12 amount of new liabilities and obligations incurred during

13 fiscal year 2004 under such section 5136 for circulating

14 coinage and protective service capital investments of the

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

16 amounts in the United States Mint Public Enterprise

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

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

19 to reimburse the Comptroller General for the cost of a

20 study to be contracted for by the Comptroller General on

21 the potential and cost-effectiveness of expanded use of pre22 made ‘‘blanks’’ by the United States Mint in the produc23 tion of circulating coins. The amounts reimbursed to the

24 Comptroller General pursuant to this paragraph shall be
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•HR 2989 EH

1 deposited to the appropriation of the General Accounting

2 Office then available and remain available until expended.

3 BUREAU OF THE PUBLIC DEBT

4 ADMINISTERING THE PUBLIC DEBT

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

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

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

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

13 security issue fees and Treasury Direct Investor Account

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

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

18 the Bureau for administrative and personnel expenses for

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

21 INTERNAL REVENUE SERVICE

22 PROCESSING, ASSISTANCE, AND MANAGEMENT

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

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

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

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

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

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

8 expenses.

9 TAX LAW ENFORCEMENT

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

13 and enforcement activities; securing unfiled tax returns;

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

16 identification, referral and settlement; compiling statistics

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

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

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

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

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

25 and of which not to exceed $10,000,000 may be used to
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•HR 2989 EH

1 reimburse the Social Security Administration for the costs

2 of implementing section 1090 of the Taxpayer Relief Act

3 of 1997 (Public Law 105–33).

4 INFORMATION SYSTEMS

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

8 operational information systems; the hire of passenger

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

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

13 2005.

14 BUSINESS SYSTEMS MODERNIZATION

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

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

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

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

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

25 planning and investment control review requirements es-
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•HR 2989 EH

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

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

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

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

10 rules, requirements, guidelines, and systems acquisition

11 management practices of the Federal Government.

12 HEALTH INSURANCE TAX CREDIT ADMINISTRATION

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

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

16 until September 30, 2005.

17 GENERAL PROVISIONS—DEPARTMENT OF THE

18 TREASURY

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

21 Service may be transferred to any other Internal Revenue

22 Service appropriation upon the advance approval of the

23 Committees on Appropriations.

24 SEC. 202. The Internal Revenue Service shall main25 tain a training program to ensure that Internal Revenue
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•HR 2989 EH

1 Service employees are trained in taxpayers’ rights, in deal2 ing courteously with the taxpayers, and in cross-cultural

3 relations.

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

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

8 Act to the Internal Revenue Service shall be available for

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

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

14 phone lines and staff to improve the Internal Revenue

15 Service 1–800 help line service.

16 SEC. 205. Appropriations to the Department of the

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

19 including maintenance, repairs, and cleaning; purchase of

20 insurance for official motor vehicles operated in foreign

21 countries; purchase of motor vehicles without regard to the

22 general purchase price limitations for vehicles purchased

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

24 contracts with the Department of State for the furnishing

25 of health and medical services to employees and their de-
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•HR 2989 EH

1 pendents serving in foreign countries; and services author2 ized by 5 U.S.C. 3109.

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

6 Financial Management Service, Alcohol and Tobacco Tax

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

9 between such appropriations upon the advance approval

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

12 2 percent.

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

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

18 transfer may increase or decrease any such appropriation

19 by more than 2 percent.

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

21 or otherwise available to the Department of the Treasury

22 or the Bureau of Engraving and Printing may be used

23 to redesign the $1 Federal Reserve note.

24 SEC. 209. The Secretary of the Treasury may trans25 fer funds from ‘‘Salaries and Expenses’’, Financial Man-
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•HR 2989 EH

1 agement Service, to the Debt Services Account as nec2 essary to cover the costs of debt collection: Provided, That

3 such amounts shall be reimbursed to such Salaries and

4 Expenses account from debt collections received in the

5 Debt Services Account.

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

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

11 on Banking, Housing, and Urban Affairs.

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

13 thereafter, there are appropriated to the Secretary of the

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

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

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

19 institutions on behalf of the Department of the Treasury

20 or other Federal agencies, including services rendered

21 prior to fiscal year 2004.

22 TITLE III—POSTAL SERVICE

23 PAYMENT TO THE POSTAL SERVICE FUND

24 For payment to the Postal Service Fund for revenue

25 forgone on free and reduced rate mail, pursuant to sub-
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1 sections (c) and (d) of section 2401 of title 39, United

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

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

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

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

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

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

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

9 used to implement any rule, regulation, or policy of charg10 ing any officer or employee of any State or local child sup11 port enforcement agency, or any individual participating

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

13 a fee for information requested or provided concerning an

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

15 of the funds provided in this Act shall be used to consoli16 date or close small rural and other small post offices in

17 fiscal year 2004.

18 TITLE IV—EXECUTIVE OFFICE OF THE PRESI19 DENT AND FUNDS APPROPRIATED TO THE

20 PRESIDENT

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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•HR 2989 EH

1 expended for any other purpose and any unused amount

2 shall revert to the Treasury pursuant to section 1552 of

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

4 of the funds made available for official expenses shall be

5 considered as taxable to the President.

6 WHITE HOUSE OFFICE

7 SALARIES AND EXPENSES

8 For necessary expenses for the White House as au9 thorized by law, including not to exceed $3,850,000 for

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

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

12 shall be expended and accounted for as provided in that

13 section; hire of passenger motor vehicles, newspapers,

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

15 $100,000 to be expended and accounted for as provided

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

17 entertainment expenses, to be available for allocation with18 in the Executive Office of the President, $66,057,000:

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

20 be available for reimbursements to the White House Com21 munications Agency.

22 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

23 OPERATING EXPENSES

24 For the care, maintenance, repair and alteration, re25 furnishing, improvement, heating, and lighting, including
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1 electric power and fixtures, of the Executive Residence at

2 the White House and official entertainment expenses of

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

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

5 REIMBURSABLE EXPENSES

6 For the reimbursable expenses of the Executive Resi7 dence at the White House, such sums as may be nec8 essary: Provided, That all reimbursable operating expenses

9 of the Executive Residence shall be made in accordance

10 with the provisions of this paragraph: Provided further,

11 That, notwithstanding any other provision of law, such

12 amount for reimbursable operating expenses shall be the

13 exclusive authority of the Executive Residence to incur ob14 ligations and to receive offsetting collections, for such ex15 penses: Provided further, That the Executive Residence

16 shall require each person sponsoring a reimbursable polit17 ical event to pay in advance an amount equal to the esti18 mated cost of the event, and all such advance payments

19 shall be credited to this account and remain available until

20 expended: Provided further, That the Executive Residence

21 shall require the national committee of the political party

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

23 separately accounted for and available for expenses relat24 ing to reimbursable political events sponsored by such

25 committee during such fiscal year: Provided further, That

26 the Executive Residence shall ensure that a written notice
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1 of any amount owed for a reimbursable operating expense

2 under this paragraph is submitted to the person owing

3 such amount within 60 days after such expense is in4 curred, and that such amount is collected within 30 days

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

6 the Executive Residence shall charge interest and assess

7 penalties and other charges on any such amount that is

8 not reimbursed within such 30 days, in accordance with

9 the interest and penalty provisions applicable to an out10 standing debt on a United States Government claim under

11 section 3717 of title 31, United States Code: Provided fur12 ther, That each such amount that is reimbursed, and any

13 accompanying interest and charges, shall be deposited in

14 the Treasury as miscellaneous receipts: Provided further,

15 That the Executive Residence shall prepare and submit

16 to the Committees on Appropriations, by not later than

17 90 days after the end of the fiscal year covered by this

18 Act, a report setting forth the reimbursable operating ex19 penses of the Executive Residence during the preceding

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

21 the amount of such total that consists of reimbursable offi22 cial and ceremonial events, the amount of such total that

23 consists of reimbursable political events, and the portion

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

25 date of the report: Provided further, That the Executive
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1 Residence shall maintain a system for the tracking of ex2 penses related to reimbursable events within the Executive

3 Residence that includes a standard for the classification

4 of any such expense as political or nonpolitical: Provided

5 further, That no provision of this paragraph may be con6 strued to exempt the Executive Residence from any other

7 applicable requirement of subchapter I or II of chapter

8 37 of title 31, United States Code.

9 WHITE HOUSE REPAIR AND RESTORATION

10 For the repair, alteration, and improvement of the

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

12 remain available until expended, for required maintenance,

13 safety and health issues, and continued preventative main14 tenance.

15 COUNCIL OF ECONOMIC ADVISERS

16 SALARIES AND EXPENSES

17 For necessary expenses of the Council of Economic

18 Advisors in carrying out its functions under the Employ19 ment Act of 1946 (15 U.S.C. 1021), $4,000,000.

20 OFFICE OF POLICY DEVELOPMENT

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of Policy Devel23 opment, including services as authorized by 5 U.S.C. 3109

24 and 3 U.S.C. 107, $4,109,000.
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1 NATIONAL SECURITY COUNCIL

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Security

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

5 3109, $9,000,000.

6 OFFICE OF ADMINISTRATION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of Administra9 tion, including services as authorized by 5 U.S.C. 3109

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

11 $82,826,000, of which $17,470,000 shall remain available

12 until expended for the Capital Investment Plan for contin13 ued modernization of the information technology infra14 structure within the Executive Office of the President.

15 OFFICE OF MANAGEMENT AND BUDGET

16 SALARIES AND EXPENSES

17 For necessary expenses of the Office of Management

18 and Budget, including hire of passenger motor vehicles

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

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

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

22 to exceed $1,500 shall be available for official representa23 tion expenses: Provided, That, as provided in 31 U.S.C.

24 1301(a), appropriations shall be applied only to the ob25 jects for which appropriations were made except as other-
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1 wise provided by law: Provided further, That none of the

2 funds appropriated in this Act for the Office of Manage3 ment and Budget may be used for the purpose of review4 ing any agricultural marketing orders or any activities or

5 regulations under the provisions of the Agricultural Mar6 keting Agreement Act of 1937 (7 U.S.C. 601 et seq.): Pro7 vided further, That none of the funds made available for

8 the Office of Management and Budget by this Act may

9 be expended for the altering of the transcript of actual

10 testimony of witnesses, except for testimony of officials of

11 the Office of Management and Budget, before the Com12 mittees on Appropriations or the Committees on Veterans’

13 Affairs or their subcommittees: Provided further, That the

14 preceding shall not apply to printed hearings released by

15 the Committees on Appropriations or the Committees on

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

17 funds appropriated in this Act may be available to pay

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

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

20 calculates, prepares, or approves any tabular or other ma21 terial that proposes the sub-allocation of budget authority

22 or outlays by the Committees on Appropriations among

23 their subcommittees.
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1 OFFICE OF NATIONAL DRUG CONTROL POLICY

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Office of National

5 Drug Control Policy; for research activities pursuant to

6 the Office of National Drug Control Policy Reauthoriza7 tion Act of 1998 (21 U.S.C. 1701 et seq.) as amended;

8 not to exceed $10,000 for official reception and represen9 tation expenses; and for participation in joint projects or

10 in the provision of services on matters of mutual interest

11 with nonprofit, research, or public organizations or agen12 cies, with or without reimbursement, $28,790,000; of

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

14 consisting of $1,350,000 for policy research and evalua15 tion, and $1,500,000 for the National Alliance for Model

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

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

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

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

20 Office.

21 COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses for the Counterdrug Tech24 nology Assessment Center for research activities pursuant

25 to the Office of National Drug Control Policy Reauthor26 ization Act of 1998 (21 U.S.C. 1701 et seq.) as amended,
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1 $40,000,000, which shall remain available until expended,

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

3 and development projects, and $22,000,000 for the contin4 ued operation of the technology transfer program: Pro5 vided, That the $18,000,000 for counternarcotics research

6 and development projects shall be available for transfer

7 to other Federal departments or agencies.

8 FEDERAL DRUG CONTROL PROGRAMS

9 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses of the Office of National

12 Drug Control Policy’s High Intensity Drug Trafficking

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

14 consistent with the approved strategy for each of the des15 ignated High Intensity Drug Trafficking Areas, of which

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

17 local entities for drug control activities, which shall be ob18 ligated within 120 days of the date of the enactment of

19 this Act: Provided, That up to 49 percent, to remain avail20 able until September 30, 2005, may be transferred to Fed21 eral agencies and departments at a rate to be determined

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

23 be used for auditing services and associated activities, and

24 at least $500,000 of the $2,100,000 shall be used to de25 velop and implement a data collection system to measure

26 the performance of the High Intensity Drug Trafficking
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1 Areas Program: Provided further, That High Intensity

2 Drug Trafficking Areas Programs designated as of Sep3 tember 30, 2003, shall be funded at no less than the fiscal

4 year 2003 initial allocation levels unless the Director sub5 mits to the Committees on Appropriations, and the Com6 mittees approve, justification for changes in those levels

7 based on clearly articulated priorities for the High Inten8 sity Drug Trafficking Areas Programs, as well as pub9 lished Office of National Drug Control Policy performance

10 measures of effectiveness: Provided further, That no funds

11 of an amount in excess of the fiscal year 2004 budget re12 quest shall be obligated prior to the approval of the Com13 mittee on Appropriations.

14 OTHER FEDERAL DRUG CONTROL PROGRAMS

15 (INCLUDING TRANSFER OF FUNDS)

16 For activities to support a national anti-drug cam17 paign for youth, and for other purposes, authorized by (21

18 U.S.C. 1701 et seq.) as amended, $230,000,000, to re19 main available until expended, of which the following

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

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

22 of assistance and matching grants to local coalitions and

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

24 Narcotics Leadership Act of 1988, as amended;

25 $4,500,000 for the Counterdrug Intelligence Executive
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1 Secretariat; $2,000,000 for evaluations and research re2 lated to National Drug Control Program performance

3 measures; $1,000,000 for the National Drug Court Insti4 tute; $1,500,000 for the United States Anti-Doping Agen5 cy for anti-doping activities; and $1,000,000 for the

6 United States membership dues to the World Anti-Doping

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

8 other Federal departments and agencies to carry out such

9 activities: Provided further, That of the amounts appro10 priated for a national media campaign, no less than 77

11 percent shall be used for the purchase of advertising time

12 and space for the national media campaign.

13 UNANTICIPATED NEEDS

14 For expenses necessary to enable the President to

15 meet unanticipated needs, in furtherance of the national

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

17 abroad during the current fiscal year, as authorized by

18 3 U.S.C. 108, $1,000,000.

19 SPECIAL ASSISTANCE TO THE PRESIDENT AND THE

20 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

21 SALARIES AND EXPENSES

22 For necessary expenses to enable the Vice President

23 to provide assistance to the President in connection with

24 specially assigned functions; services as authorized by 5

25 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex-
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•HR 2989 EH

1 penses as authorized by 3 U.S.C. 106, which shall be ex2 pended and accounted for as provided in that section; and

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

4 OPERATING EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For the care, operation, refurnishing, improvement,

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

8 lighting, including electric power and fixtures, of the offi9 cial residence of the Vice President; the hire of passenger

10 motor vehicles; and not to exceed $90,000 for official en11 tertainment expenses of the Vice President, to be ac12 counted for solely on his certificate, $331,000: Provided,

13 That advances or repayments or transfers from this ap14 propriation may be made to any department or agency for

15 expenses of carrying out such activities.

16 TITLE V—INDEPENDENT AGENCIES

17 ARCHITECTURAL AND TRANSPORTATION

18 BARRIERS COMPLIANCE BOARD

19 SALARIES AND EXPENSES

20 For expenses necessary for the Architectural and

21 Transportation Barriers Compliance Board, as authorized

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

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

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

25 appropriation funds received for publications and training

26 expenses, to be available for the purpose of this account.
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•HR 2989 EH

1 NATIONAL TRANSPORTATION SAFETY BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Transpor4 tation Safety Board, including hire of passenger motor ve5 hicles and aircraft; services as authorized by 5 U.S.C.

6 3109, but at rates for individuals not to exceed the per

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

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

9 5901–5902) $76,679,000, of which not to exceed $2,000

10 may be used for official reception and representation ex11 penses.

12 EMERGENCY FUND

13 For necessary expenses of the National Transpor14 tation Safety Board for accident investigations, $600,000,

15 to remain available until expended: Provided, That these

16 funds shall be available only to the extent necessary to

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

18 (29 U.S.C. 1118(b)).

19 COMMITTEE FOR PURCHASE FROM PEOPLE

20 WHO ARE BLIND OR SEVERELY DISABLED

21 SALARIES AND EXPENSES

22 For necessary expenses of the Committee for Pur23 chase From People Who Are Blind or Severely Disabled

24 established by Public Law 92–28, $4,725,000.
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•HR 2989 EH

1 FEDERAL ELECTION COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses to carry out the provisions

4 of the Federal Election Campaign Act of 1971, as amend5 ed, $50,440,000, of which no less than $6,389,900 shall

6 be available for internal automated data processing sys7 tems, and of which not to exceed $5,000 shall be available

8 for reception and representation expenses.

9 ELECTION ASSISTANCE COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses to carry out the Help Amer12 ica Vote Act of 2002, $5,000,000.

13 ELECTION REFORM PROGRAMS

14 For necessary expenses to carry out a program of re15 quirements payments to States as authorized by Section

16 257 of the Help America Vote Act of 2002, $495,000,000:

Provided, That no more that 1 17 ⁄10 of 1 percent of funds

18 available for requirements payments under Section 257 of

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

20 any territory.

21 FEDERAL LABOR RELATIONS AUTHORITY

22 SALARIES AND EXPENSES

23 For necessary expenses to carry out functions of the

24 Federal Labor Relations Authority, pursuant to Reorga25 nization Plan Numbered 2 of 1978, and the Civil Service
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•HR 2989 EH

1 Reform Act of 1978, including services authorized by 5

2 U.S.C. 3109, and including hire of experts and consult3 ants, hire of passenger motor vehicles, and rental of con4 ference rooms in the District of Columbia and elsewhere,

5 $29,611,000: Provided, That public members of the Fed6 eral Service Impasses Panel may be paid travel expenses

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

8 (5 U.S.C. 5703) for persons employed intermittently in

9 the Government service, and compensation as authorized

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

11 31 U.S.C. 3302, funds received from fees charged to non12 Federal participants at labor-management relations con13 ferences shall be credited to and merged with this account,

14 to be available without further appropriation for the costs

15 of carrying out these conferences.

16 FEDERAL MARITIME COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Federal Maritime

19 Commission as authorized by section 201(d) of the Mer20 chant Marine Act, 1936, as amended (46 U.S.C. App.

21 1111), including services as authorized by 5 U.S.C. 3109;

22 hire of passenger motor vehicles as authorized by 31

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

24 authorized by 5 U.S.C. 5901–5902, $18,471,000: Pro-
76

•HR 2989 EH

1 vided, That not to exceed $2,000 shall be available for offi2 cial reception and representation expenses.

3 GENERAL SERVICES ADMINISTRATION

4 REAL PROPERTY ACTIVITIES

5 (FEDERAL BUILDINGS FUND)

6 (LIMITATIONS ON AVAILABILITY OF REVENUE)

7 (INCLUDING TRANSFER OF FUNDS)

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

9 be used for the purposes of, the Fund established pursu10 ant to section 210(f) of the Federal Property and Admin11 istrative Services Act of 1949, as amended (40 U.S.C.

12 592), $247,350,000. The revenues and collections depos13 ited into the Fund shall be available for necessary ex14 penses of real property management and related activities

15 not otherwise provided for, including operation, mainte16 nance, and protection of federally owned and leased build17 ings; rental of buildings in the District of Columbia; res18 toration of leased premises; moving governmental agencies

19 (including space adjustments and telecommunications re20 location expenses) in connection with the assignment, allo21 cation and transfer of space; contractual services incident

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

23 alteration of federally owned buildings including grounds,

24 approaches and appurtenances; care and safeguarding of

25 sites; maintenance, preservation, demolition, and equip26 ment; acquisition of buildings and sites by purchase, con-
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•HR 2989 EH

1 demnation, or as otherwise authorized by law; acquisition

2 of options to purchase buildings and sites; conversion and

3 extension of federally owned buildings; preliminary plan4 ning and design of projects by contract or otherwise; con5 struction of new buildings (including equipment for such

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

7 other obligations for public buildings acquired by install8 ment purchase and purchase contract; in the aggregate

9 amount of $6,557,518,000, of which: (1) $406,168,000

10 shall remain available until expended for construction (in11 cluding funds for sites and expenses and associated design

12 and construction services) of additional projects at the fol13 lowing locations:

14 New Construction:

15 California:

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

17 Georgia:

18 Atlanta, Tuttle Building Annex,

19 $10,600,000.

20 Maine:

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

22 Maryland:

23 Suitland, United States Census Bureau,

24 $146,451,000.

25 Michigan:
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•HR 2989 EH

1 Detroit, Ambassador Bridge Border Sta2 tion, $25,387,000.

3 New York:

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

5 Texas:

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

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

8 Houston, Federal Bureau of Investigation,

9 $58,080,000.

10 McAllen, Border Station, $17,938,000.

11 Washington:

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

13 Nonprospectus Construction, $9,000,000:

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

15 new construction projects may be exceeded to the extent

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

17 to exceed 10 percent of the amounts included in an ap18 proved prospectus, if required, unless advance approval is

19 obtained from the Committees on Appropriations of a

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

21 construction projects shall expire on September 30, 2005,

22 and remain in the Federal Buildings Fund except for

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

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

25 date; (2) $1,010,454,000 shall remain available until ex-
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•HR 2989 EH

1 pended for repairs and alterations, which includes associ2 ated design and construction services:

3 Colorado:

4 Denver, Byron G. Rogers Federal Build5 ing—Courthouse, $39,436,000.

6 District of Columbia:

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

8 Eisenhower Executive Office Building,

9 $65,757,000.

10 Federal Office Building 8, $134,872,000.

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

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

13 Georgia:

14 Atlanta, Richard B. Russell Federal Build15 ing, $32,173,000.

16 Illinois:

17 Chicago, Dirksen Courthouse & Kluczynski

18 Federal Building, $24,056,000.

19 Springfield, Paul H. Findley Federal

20 Building—Courthouse, $6,183,000.

21 Massachusetts:

22 Boston, John W. McCormack Post Office

23 and Courthouse, $73,037,000.

24 New York:
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•HR 2989 EH

1 Brooklyn, Emanuel Celler Courthouse,

2 $65,511,000.

3 North Dakota:

4 Fargo, Federal Building—Post Office,

5 $5,801,000.

6 Ohio:

7 Columbus, John W. Bricker Federal Build8 ing, $10,707,000.

9 Washington:

10 Auburn, Building 7, Auburn Federal

11 Building, $18,315,000.

12 Seattle, Henry M. Jackson Federal Build13 ing, $6,868,000.

14 Special Emphasis Programs:

15 Chlorofluorocarbons Program, $5,000,000.

16 Energy Program, $5,000,000.

17 Glass Fragmentation Program,

18 $20,000,000.

19 Design Program, $41,462,000.

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

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

22 for the repair of the Eisenhower Executive Office Build23 ing, $30,757,000 is not available for obligation until 15

24 days after the Executive Office of the President submits

25 a report to the Committees on Appropriations regarding
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•HR 2989 EH

1 the use of non-Federal funding in renovation and fur2 nishing efforts for the Eisenhower Executive Office Build3 ing: Provided further, That funds made available in any

4 previous Act in the Federal Buildings Fund for Repairs

5 and Alterations shall, for prospectus projects, be limited

6 to the amount identified for each project, except each

7 project in any previous Act may be increased by an

8 amount not to exceed 10 percent unless advance approval

9 is obtained from the Committees on Appropriations of a

10 greater amount: Provided further, That additional projects

11 for which prospectuses have been fully approved may be

12 funded under this category only if advance approval is ob13 tained from the Committees on Appropriations: Provided

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

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

16 costs associated with implementing security improvements

17 to buildings necessary to meet the minimum standards for

18 security in accordance with current law and in compliance

19 with the reprogramming guidelines of the appropriate

20 Committees of the House and Senate: Provided further,

21 That the difference between the funds appropriated and

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

23 the heading ‘‘Repairs and Alterations’’, may be trans24 ferred to Basic Repairs and Alterations or used to fund

25 authorized increases in prospectus projects: Provided fur-
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•HR 2989 EH

1 ther, That all funds for repairs and alterations prospectus

2 projects shall expire on September 30, 2005 and remain

3 in the Federal Buildings Fund except funds for projects

4 as to which funds for design or other funds have been obli5 gated in whole or in part prior to such date: Provided fur6 ther, That the amount provided in this or any prior Act

7 for Basic Repairs and Alterations may be used to pay

8 claims against the Government arising from any projects

9 under the heading ‘‘Repairs and Alterations’’ or used to

10 fund authorized increases in prospectus projects; (3)

11 $169,745,000 for installment acquisition payments includ12 ing payments on purchase contracts which shall remain

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

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

15 $1,608,708,000 for building operations which shall remain

16 available until expended: Provided further, That funds

17 available to the General Services Administration shall not

18 be available for expenses of any construction, repair, alter19 ation and acquisition project for which a prospectus, if re20 quired by the Public Buildings Act of 1959, as amended,

21 has not been approved, except that necessary funds may

22 be expended for each project for required expenses for the

23 development of a proposed prospectus: Provided further,

24 That funds available in the Federal Buildings Fund may

25 be expended for emergency repairs when advance approval
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•HR 2989 EH

1 is obtained from the Committees on Appropriations: Pro2 vided further, That amounts necessary to provide reim3 bursable special services to other agencies under section

4 210(f)(6) of the Federal Property and Administrative

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

6 and amounts to provide such reimbursable fencing, light7 ing, guard booths, and other facilities on private or other

8 property not in Government ownership or control as may

9 be appropriate to enable the United States Secret Service

10 to perform its protective functions pursuant to 18 U.S.C.

11 3056, shall be available from such revenues and collec12 tions: Provided further, That revenues and collections and

13 any other sums accruing to this Fund during fiscal year

14 2004, excluding reimbursements under section 210(f)(6)

15 of the Federal Property and Administrative Services Act

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

17 $6,557,518,000 shall remain in the Fund and shall not

18 be available for expenditure except as authorized in appro19 priations Acts.

20 GENERAL ACTIVITIES

21 GOVERNMENT-WIDE POLICY

22 For expenses authorized by law, not otherwise pro23 vided for, for Government-wide policy and evaluation ac24 tivities associated with the management of real and per25 sonal property assets and certain administrative services;
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1 Government-wide policy support responsibilities relating to

2 acquisition, telecommunications, information technology

3 management, and related technology activities; and serv4 ices as authorized by 5 U.S.C. 3109, $56,383,000.

5 OPERATING EXPENSES

6 For expenses authorized by law, not otherwise pro7 vided for, for Government-wide activities associated with

8 utilization and donation of surplus personal property; dis9 posal of real property; telecommunications, information

10 technology management, and related technology activities;

11 providing Internet access to Federal information and serv12 ices; agency-wide policy direction and management, and

13 Board of Contract Appeals; accounting, records manage14 ment, and other support services incident to adjudication

15 of Indian Tribal Claims by the United States Court of

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

17 and not to exceed $7,500 for official reception and rep18 resentation expenses, $79,110,000.

19 OFFICE OF INSPECTOR GENERAL

20 For necessary expenses of the Office of Inspector

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

22 $39,169,000: Provided, That not to exceed $15,000 shall

23 be available for payment for information and detection of

24 fraud against the Government, including payment for re25 covery of stolen Government property: Provided further,

26 That not to exceed $2,500 shall be available for awards
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•HR 2989 EH

1 to employees of other Federal agencies and private citizens

2 in recognition of efforts and initiatives resulting in en3 hanced Office of Inspector General effectiveness.

4 ELECTRONIC GOVERNMENT FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses in support of interagency

7 projects that enable the Federal Government to expand

8 its ability to conduct activities electronically, through the

9 development and implementation of innovative uses of the

10 Internet and other electronic methods, $1,000,000, to re11 main available until expended: Provided, That these funds

12 may be transferred to Federal agencies to carry out the

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

14 authority shall be in addition to any other transfer author15 ity provided in this Act: Provided further, That such trans16 fers may not be made until 10 days after a proposed

17 spending plan and justification for each project to be un18 dertaken has been submitted to the Committees on Appro19 priations.

20 ALLOWANCES AND OFFICE STAFF FOR FORMER

21 PRESIDENTS

22 (INCLUDING TRANSFER OF FUNDS)

23 For carrying out the provisions of the Act of August

24 25, 1958, as amended (3 U.S.C. 102 note), and Public

25 Law 95–138, $3,393,000: Provided, That the Adminis26 trator of General Services shall transfer to the Secretary
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•HR 2989 EH

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

2 out the provisions of such Acts.

3 GENERAL PROVISIONS—GENERAL SERVICES

4 ADMINISTRATION

5 SEC. 501. The appropriate appropriation or fund

6 available to the General Services Administration shall be

7 credited with the cost of operation, protection, mainte8 nance, upkeep, repair, and improvement, included as part

9 of rentals received from Government corporations pursu10 ant to law (40 U.S.C. 129).

11 SEC. 502. Funds available to the General Services

12 Administration shall be available for the hire of passenger

13 motor vehicles.

14 SEC. 503. Funds in the Federal Buildings Fund

15 made available for fiscal year 2004 for Federal Buildings

16 Fund activities may be transferred between such activities

17 only to the extent necessary to meet program require18 ments: Provided, That any proposed transfers shall be ap19 proved in advance by the Committees on Appropriations.

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

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

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

23 the design guide standards for construction as established

24 and approved by the General Services Administration, the

25 Judicial Conference of the United States, and the Office
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•HR 2989 EH

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

2 priorities of the Judicial Conference of the United States

3 as set out in its approved 5-year construction plan: Pro4 vided, That the fiscal year 2005 request must be accom5 panied by a standardized courtroom utilization study of

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

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

8 be used to increase the amount of occupiable square feet,

9 provide cleaning services, security enhancements, or any

10 other service usually provided through the Federal Build11 ings Fund, to any agency that does not pay the rate per

12 square foot assessment for space and services as deter13 mined by the General Services Administration in compli14 ance with the Public Buildings Amendments Act of 1972

15 (Public Law 92–313).

16 SEC. 506. Funds provided to other Government agen17 cies by the Information Technology Fund, General Serv18 ices Administration, under section 110 of the Federal

19 Property and Administrative Services Act of 1949 (40

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

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

22 for performance of pilot information technology projects

23 which have potential for Government-wide benefits and

24 savings, may be repaid to this Fund from any savings ac-
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•HR 2989 EH

1 tually incurred by these projects or other funding, to the

2 extent feasible.

3 SEC. 507. From funds made available under the

4 heading ‘‘Federal Buildings Fund, Limitations on Avail5 ability of Revenue’’, claims against the Government of less

6 than $250,000 arising from direct construction projects

7 and acquisition of buildings may be liquidated from sav8 ings effected in other construction projects with prior noti9 fication to the Committees on Appropriations.

10 SEC. 508. None of the funds in this Act may be used

11 by the General Services Administration to develop or im12 plement a mandatory system without exceptions that re13 quires agencies Government-wide to use a specific elec14 tronic travel solution or the eTravel Service: Provided,

15 That this section shall also apply to the Department of

16 Transportation in any development of electronic travel so17 lutions for its modal administrations.

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

19 shall carry out the authority of the Election Assistance

20 Commission to make election assistance payments under

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

22 2002, including the authority under such subtitle to re23 ceive statements and applications from entities seeking

24 such payments and reports from entities receiving such

25 payments.
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1 (b) The authority of the Administrator of General

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

3 amounts appropriated for fiscal year 2004 and amounts

4 appropriated for fiscal year 2003 which remain unobli5 gated and unexpended at the end of fiscal year 2003, ex6 cept that this authority shall expire upon the earlier of—

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

8 begins on the date on which all members of the

9 Election Assistance Commission are appointed; or

10 (2) June 30, 2004.

11 (c) Upon the appointment of all members of the Elec12 tion Assistance Commission, the Administrator of General

13 Services shall transmit to the Commission all statements,

14 applications, and reports received by the Administrator in

15 carrying out this section.

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

17 Act may be used by the General Services Administration

18 to establish a quick response team processing center on

19 East Brainerd Road in Chattanooga, Tennessee.

20 MERIT SYSTEMS PROTECTION BOARD

21 SALARIES AND EXPENSES

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses to carry out functions of the

24 Merit Systems Protection Board pursuant to Reorganiza25 tion Plan Numbered 2 of 1978 and the Civil Service Re-
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•HR 2989 EH

1 form Act of 1978, including services as authorized by 5

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

3 of Columbia and elsewhere, hire of passenger motor vehi4 cles, and direct procurement of survey printing,

5 $32,877,000, together with not to exceed $2,626,000 for

6 administrative expenses to adjudicate retirement appeals

7 to be transferred from the Civil Service Retirement and

8 Disability Fund in amounts determined by the Merit Sys9 tems Protection Board.

10 MORRIS K. UDALL SCHOLARSHIP AND EXCEL11 LENCE IN NATIONAL ENVIRONMENTAL

12 POLICY FOUNDATION

13 MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN

14 NATIONAL ENVIRONMENTAL POLICY TRUST FUND

15 For payment to the Morris K. Udall Scholarship and

16 Excellence in National Environmental Policy Trust Fund,

17 pursuant to the Morris K. Udall Scholarship and Excel18 lence in National Environmental and Native American

19 Public Policy Act of 1992 (20 U.S.C. 5601 et seq.),

20 $1,300,000, to remain available until expended of which

21 $100,000 shall be used to conduct financial audits pursu22 ant to the Accountability of Tax Dollars Act of 2002 (Pub23 lic Law 107–289) notwithstanding sections 8 and 9 of

24 Public Law 102–259: Provided, That up to 70 percent of

25 such funds may be transferred by the Morris K. Udall
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•HR 2989 EH

1 Scholarship and Excellence in National Environmental

2 Policy Foundation for the necessary expenses of the Na3 tive Nations Institute.

4 ENVIRONMENTAL DISPUTE RESOLUTION FUND

5 For payment to the Environmental Dispute Resolu6 tion Fund to carry out activities authorized in the Envi7 ronmental Policy and Conflict Resolution Act of 1998,

8 $1,300,000, to remain available until expended.

9 NATIONAL ARCHIVES AND RECORDS

10 ADMINISTRATION

11 OPERATING EXPENSES

12 For necessary expenses in connection with the admin13 istration of the National Archives and Records Adminis14 tration (including the Information Security Oversight Of15 fice) and archived Federal records and related activities,

16 as provided by law, and for expenses necessary for the re17 view and declassification of documents, and for the hire

18 of passenger motor vehicles, $255,191,000: Provided,

19 That the Archivist of the United States is authorized to

20 use any excess funds available from the amount borrowed

21 for construction of the National Archives facility, for ex22 penses necessary to provide adequate storage for holdings:

23 Provided further, That, of the funds provided in this para24 graph, $600,000 shall be for the preservation of the

25 records of the Freedmen’s Bureau.
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1 ELECTRONIC RECORDS ARCHIVE

2 For necessary expenses in connection with the devel3 opment of an electronic records archive, to include all di4 rect project costs associated with research, analysis, de5 sign, development, and program management,

6 $35,914,000, of which $22,000,000 shall remain available

7 until September 30, 2006.

8 REPAIRS AND RESTORATION

9 For the repair, alteration, and improvement of ar10 chives facilities, and to provide adequate storage for hold11 ings, $6,458,000, to remain available until expended, of

12 which $500,000 is for the Military Personnel Records

13 Center requirements study.

14 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

15 COMMISSION

16 GRANTS PROGRAM

17 For necessary expenses for allocations and grants for

18 historical publications and records as authorized by 44

19 U.S.C. 2504, as amended, $10,000,000, to remain avail20 able until expended.

21 OFFICE OF GOVERNMENT ETHICS

22 SALARIES AND EXPENSES

23 For necessary expenses to carry out functions of the

24 Office of Government Ethics pursuant to the Ethics in

25 Government Act of 1978, as amended and the Ethics Re-
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•HR 2989 EH

1 form Act of 1989, including services as authorized by 5

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

3 of Columbia and elsewhere, hire of passenger motor vehi4 cles, and not to exceed $1,500 for official reception and

5 representation expenses, $10,738,000.

6 OFFICE OF PERSONNEL MANAGEMENT

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF TRUST FUNDS)

9 For necessary expenses to carry out functions of the

10 Office of Personnel Management pursuant to Reorganiza11 tion Plan Numbered 2 of 1978 and the Civil Service Re12 form Act of 1978, including services as authorized by 5

13 U.S.C. 3109; medical examinations performed for veterans

14 by private physicians on a fee basis; rental of conference

15 rooms in the District of Columbia and elsewhere; hire of

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

17 reception and representation expenses; advances for reim18 bursements to applicable funds of the Office of Personnel

19 Management and the Federal Bureau of Investigation for

20 expenses incurred under Executive Order No. 10422 of

21 January 9, 1953, as amended; and payment of per diem

22 and/or subsistence allowances to employees where Voting

23 Rights Act activities require an employee to remain over24 night at his or her post of duty, $119,498,000, of which

25 $2,000,000 shall remain available until expended for the
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•HR 2989 EH

1 cost of the enterprise human resources integration project,

2 $2,500,000 shall remain available until expended for the

3 cost of leading the Government-wide initiative to mod4 ernize Federal payroll systems and service delivery, and

5 $2,500,000 shall remain available through September 30,

6 2005 to coordinate and conduct program evaluation and

7 performance measurement; and in addition $126,854,000

8 for administrative expenses, to be transferred from the ap9 propriate trust funds of the Office of Personnel Manage10 ment without regard to other statutes, including direct

11 procurement of printed materials, for the retirement and

12 insurance programs, of which $27,640,000 shall remain

13 available until expended for the cost of automating the re14 tirement recordkeeping systems: Provided, That the provi15 sions of this appropriation shall not affect the authority

16 to use applicable trust funds as provided by sections

17 8348(a)(1)(B), 8909(g), and 9004(f)(1)(A) and (2)(A) of

18 title 5, United States Code: Provided further, That no part

19 of this appropriation shall be available for salaries and ex20 penses of the Legal Examining Unit of the Office of Per21 sonnel Management established pursuant to Executive

22 Order No. 9358 of July 1, 1943, or any successor unit

23 of like purpose: Provided further, That the President’s

24 Commission on White House Fellows, established by Exec25 utive Order No. 11183 of October 3, 1964, may, during
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1 fiscal year 2004, accept donations of money, property, and

2 personal services in connection with the development of

3 a publicity brochure to provide information about the

4 White House Fellows, except that no such donations shall

5 be accepted for travel or reimbursement of travel expenses,

6 or for the salaries of employees of such Commission.

7 OFFICE OF INSPECTOR GENERAL

8 SALARIES AND EXPENSES

9 (INCLUDING TRANSFER OF TRUST FUNDS)

10 For necessary expenses of the Office of Inspector

11 General in carrying out the provisions of the Inspector

12 General Act, as amended, including services as authorized

13 by 5 U.S.C. 3109, hire of passenger motor vehicles,

14 $1,498,000, and in addition, not to exceed $14,427,000

15 for administrative expenses to audit, investigate, and pro16 vide other oversight of the Office of Personnel Manage17 ment’s retirement and insurance programs, to be trans18 ferred from the appropriate trust funds of the Office of

19 Personnel Management, as determined by the Inspector

20 General: Provided, That the Inspector General is author21 ized to rent conference rooms in the District of Columbia

22 and elsewhere.
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1 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

2 HEALTH BENEFITS

3 For payment of Government contributions with re4 spect to retired employees, as authorized by chapter 89

5 of title 5, United States Code, and the Retired Federal

6 Employees Health Benefits Act (74 Stat. 849), as amend7 ed, such sums as may be necessary.

8 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

9 LIFE INSURANCE

10 For payment of Government contributions with re11 spect to employees retiring after December 31, 1989, as

12 required by chapter 87 of title 5, United States Code, such

13 sums as may be necessary.

14 PAYMENT TO CIVIL SERVICE RETIREMENT AND

15 DISABILITY FUND

16 For financing the unfunded liability of new and in17 creased annuity benefits becoming effective on or after Oc18 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an19 nuities under special Acts to be credited to the Civil Serv20 ice Retirement and Disability Fund, such sums as may

21 be necessary: Provided, That annuities authorized by the

22 Act of May 29, 1944, as amended, and the Act of August

23 19, 1950, as amended (33 U.S.C. 771–775), may here24 after be paid out of the Civil Service Retirement and Dis25 ability Fund.
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1 HUMAN CAPITAL PERFORMANCE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For a human capital performance fund, $2,500,000:

4 Provided, That such amount shall not be available for obli5 gation or transfer until enactment of legislation that es6 tablishes a human capital performance fund within the Of7 fice of Personnel Management: Provided further, That

8 such amounts as determined by the Director of the Office

9 of Personnel Management may be transferred to Federal

10 agencies to carry out the purposes of this fund as author11 ized: Provided further, That no funds shall be available

12 for obligation or transfer to any Federal agency until the

13 Director has notified the relevant subcommittees of juris14 diction of the Committees on Appropriations of the ap15 proval of a performance pay plan for that agency, and the

16 prior approval of such subcommittees has been attained.

17 OFFICE OF SPECIAL COUNSEL

18 SALARIES AND EXPENSES

19 For necessary expenses to carry out functions of the

20 Office of Special Counsel pursuant to Reorganization Plan

21 Numbered 2 of 1978, the Civil Service Reform Act of

22 1978 (Public Law 95–454), as amended, the Whistle23 blower Protection Act of 1989 (Public Law 101–12), as

24 amended, Public Law 103–424, and the Uniformed Serv25 ices Employment and Reemployment Act of 1994 (Public
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1 Law 103–353), including services as authorized by 5

2 U.S.C. 3109, payment of fees and expenses for witnesses,

3 rental of conference rooms in the District of Columbia and

4 elsewhere, and hire of passenger motor vehicles;

5 $13,504,000.

6 UNITED STATES TAX COURT

7 SALARIES AND EXPENSES

8 For necessary expenses, including contract reporting

9 and other services as authorized by 5 U.S.C. 3109,

10 $40,187,000: Provided, That travel expenses of the judges

11 shall be paid upon the written certificate of the judge.

12 WHITE HOUSE COMMISSION ON THE NATIONAL

13 MOMENT OF REMEMBRANCE

14 For necessary expenses of the White House Commis15 sion on the National Moment of Remembrance, $250,000.

16 TITLE VI—GENERAL PROVISIONS

17 THIS ACT

18 (INCLUDING TRANSFERS OF FUNDS)

19 SEC. 601. During the current fiscal year applicable

20 appropriations to the Department of Transportation shall

21 be available for maintenance and operation of aircraft;

22 hire of passenger motor vehicles and aircraft; purchase of

23 liability insurance for motor vehicles operating in foreign

24 countries on official department business; and uniforms,
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1 or allowances therefor, as authorized by law (5 U.S.C.

2 5901–5902).

3 SEC. 602. Such sums as may be necessary for fiscal

4 year 2004 pay raises for programs funded in this Act shall

5 be absorbed within the levels appropriated in this Act or

6 previous appropriations Acts.

7 SEC. 603. Appropriations contained in this Act for

8 the Department of Transportation shall be available for

9 services as authorized by 5 U.S.C. 3109, but at rates for

10 individuals not to exceed the per diem rate equivalent to

11 the rate for an Executive Level IV.

12 SEC. 604. None of the funds in this Act shall be avail13 able for salaries and expenses of more than 110 political

14 and Presidential appointees in the Department of Trans15 portation: Provided, That none of the personnel covered

16 by this provision may be assigned on temporary detail out17 side the Department of Transportation.

18 SEC. 605. None of the funds in this Act shall be used

19 for the planning or execution of any program to pay the

20 expenses of, or otherwise compensate, non-Federal parties

21 intervening in regulatory or adjudicatory proceedings

22 funded in this Act.

23 SEC. 606. None of the funds appropriated in this Act

24 shall remain available for obligation beyond the current
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1 fiscal year, nor may any be transferred to other appropria2 tions, unless expressly so provided herein.

3 SEC. 607. The expenditure of any appropriation

4 under this Act for any consulting service through procure5 ment contract pursuant to section 3109 of title 5, United

6 States Code, shall be limited to those contracts where such

7 expenditures are a matter of public record and available

8 for public inspection, except where otherwise provided

9 under existing law, or under existing Executive order

10 issued pursuant to existing law.

11 SEC. 608. None of the funds in this Act shall be used

12 to implement section 404 of title 23, United States Code.

13 SEC. 609. (a) No recipient of funds made available

14 in this Act shall disseminate personal information (as de15 fined in 18 U.S.C. 2725(3)) obtained by a State depart16 ment of motor vehicles in connection with a motor vehicle

17 record as defined in 18 U.S.C. 2725(1), except as provided

18 in 18 U.S.C. 2721 for a use permitted under 18 U.S.C.

19 2721.

20 (b) Notwithstanding subsection (a), no department or

21 agency shall withhold funds provided in this Act for any

22 grantee if a State is in noncompliance with this provision.

23 SEC. 610. Funds received by the Federal Highway

24 Administration, Federal Transit Administration, and Fed25 eral Railroad Administration from States, counties, mu-
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1 nicipalities, other public authorities, and private sources

2 for expenses incurred for training may be credited respec3 tively to the Federal Highway Administration’s ‘‘Federal4 Aid Highways’’ account, the Federal Transit Administra5 tion’s ‘‘Transit Planning and Research’’ account, and to

6 the Federal Railroad Administration’s ‘‘Safety and Oper7 ations’’ account, except for State rail safety inspectors

8 participating in training pursuant to 49 U.S.C. 20105.

9 SEC. 611. Notwithstanding any other provision of

10 law, rule or regulation, the Secretary of Transportation

11 is authorized to allow the issuer of any preferred stock

12 heretofore sold to the Department to redeem or repur13 chase such stock upon the payment to the Department of

14 an amount determined by the Secretary.

15 SEC. 612. None of the funds in title I of this Act

16 may be used to make a grant unless the Secretary of

17 Transportation notifies the House and Senate Committees

18 on Appropriations not less than 3 full business days before

19 any discretionary grant award, letter of intent, or full

20 funding grant agreement totaling $1,000,000 or more is

21 announced by the department or its modal administrations

22 from: (1) any discretionary grant program of the Federal

23 Highway Administration other than the emergency relief

24 program; (2) the airport improvement program of the

25 Federal Aviation Administration; or (3) any program of
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1 the Federal Transit Administration other than the for2 mula grants and fixed guideway modernization programs:

3 Provided, That no notification shall involve funds that are

4 not available for obligation.

5 SEC. 613. For the purpose of any applicable law, for

6 fiscal year 2004, the city of Norman, Oklahoma, shall be

7 considered to be part of the Oklahoma City Transpor8 tation Management Area.

9 SEC. 614. None of the funds in this Act may be obli10 gated for the Office of the Secretary of Transportation

11 to approve assessments or reimbursable agreements per12 taining to funds appropriated to the modal administra13 tions in this Act, except for activities underway on the

14 date of enactment of this Act, unless such assessments

15 or agreements have completed the normal reprogramming

16 process for Congressional notification.

17 SEC. 615. None of the funds made available in this

18 Act may be transferred to any department, agency, or in19 strumentality of the United States Government, except

20 pursuant to a transfer made by, or transfer authority pro21 vided in, this Act or any other appropriations Act.

22 SEC. 616. Rebates, refunds, incentive payments,

23 minor fees and other funds received by the Department

24 of Transportation from travel management centers,

25 charge card programs, the subleasing of building space,
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1 and miscellaneous sources are to be credited to appropria2 tions of the Department of Transportation and allocated

3 to elements of the Department of Transportation using

4 fair and equitable criteria and such funds shall be avail5 able until expended.

6 SEC. 617. Amounts made available in this or any

7 other Act that the Secretary determines represent im8 proper payments by the Department of Transportation to

9 a third party contractor under a financial assistance

10 award, which are recovered pursuant to law, shall be

11 available—

12 (1) to reimburse the actual expenses incurred

13 by the Department of Transportation in recovering

14 improper payments; and

15 (2) to pay contractors for services provided in

16 recovering improper payments: Provided, That

17 amounts in excess of that required for paragraphs

18 (1) and (2)—

19 (A) shall be credited to and merged with

20 the appropriation from which the improper pay21 ments were made, and shall be available for the

22 purposes and period for which such appropria23 tions are available; or

24 (B) if no such appropriation remains avail25 able, shall be deposited in the Treasury as mis-
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1 cellaneous receipts: Provided further, That prior

2 to the transfer of any such recovery to an ap3 propriations account, the Secretary shall notify

4 the House and Senate Committees on Appro5 priations of the amount and reasons for such

6 transfer: Provided further, That for purposes of

7 this section, the term ‘‘improper payments,’’

8 has the same meaning as that provided in sec9 tion 2(d)(2) of Public Law 107–300.

10 SEC. 618. The Secretary of Transportation is author11 ized to transfer the unexpended balances available for the

12 bonding assistance program from ‘‘Office of the Secretary,

13 Salaries and expenses’’ to ‘‘Minority Business Outreach’’.

14 SEC. 619. None of the funds made available by this

15 Act shall be available for any activity or for paying the

16 salary of any Government employee where funding an ac17 tivity or paying a salary to a Government employee would

18 result in a decision, determination, rule, regulation, or pol19 icy that would prohibit the enforcement of section 307 of

20 the Tariff Act of 1930.

21 SEC. 620. No part of any appropriation contained in

22 this Act shall be available to pay the salary for any person

23 filling a position, other than a temporary position, for24 merly held by an employee who has left to enter the Armed

25 Forces of the United States and has satisfactorily com-
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1 pleted his period of active military or naval service, and

2 has within 90 days after his release from such service or

3 from hospitalization continuing after discharge for a pe4 riod of not more than 1 year, made application for restora5 tion to his former position and has been certified by the

6 Office of Personnel Management as still qualified to per7 form the duties of his former position and has not been

8 restored thereto.

9 SEC. 621. Except as otherwise specifically provided

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

11 remaining available at the end of fiscal year 2004 from

12 appropriations made available for salaries and expenses

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

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

15 the purposes authorized: Provided, That a request shall

16 be submitted to the Committees on Appropriations for ap17 proval prior to the expenditure of such funds: Provided

18 further, That these requests shall be made in compliance

19 with reprogramming guidelines.

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

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

22 to request from the Federal Bureau of Investigation any

23 official background investigation report on any individual,

24 except when—
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1 (1) such individual has given his or her express

2 written consent for such request not more than 6

3 months prior to the date of such request and during

4 the same presidential administration; or

5 (2) such request is required due to extraor6 dinary circumstances involving national security.

7 SEC. 623. For the purpose of resolving litigation and

8 implementing any settlement agreements regarding the

9 nonforeign area cost-of-living allowance program, the Of10 fice of Personnel Management may accept and utilize

11 (without regard to any restriction on unanticipated travel

12 expenses imposed in an Appropriations Act) funds made

13 available to the Office pursuant to court approval.

14 SEC. 624. No funds appropriated or otherwise made

15 available under this Act shall be made available to any

16 person or entity that has been convicted of violating the

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

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

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

20 expenses in connection with any health plan under the

21 Federal employees health benefits program which provides

22 any benefits or coverage for abortions.

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

24 apply where the life of the mother would be endangered
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1 if the fetus were carried to term, or the pregnancy is the

2 result of an act of rape or incest.

3 SEC. 627. For the purpose of assisting State-sup4 ported intercity rail service, in order to demonstrate

5 whether competition will provide higher quality rail pas6 senger service at reasonable prices, the Secretary of

7 Transportation, working with affected States, shall de8 velop and implement a procedure for fair competitive bid9 ding by Amtrak and non-Amtrak operators for State-sup10 ported routes: Provided, That in the event a State desires

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

12 the State may make an agreement with Amtrak to use

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

14 Amtrak under terms agreed to by the State and Amtrak

15 to enable the non-Amtrak operator to provide the State16 supported service: Provided further, That if the parties

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

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

19 and equipment be made available and the services be pro20 vided by Amtrak under reasonable terms and compensa21 tion: Provided further, That when prescribing reasonable

22 compensation to Amtrak, the Secretary shall consider

23 quality of service as a major factor when determining

24 whether, and the extent to which, the amount of com25 pensation shall be greater than the incremental costs of
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1 using the facilities and providing the services: Provided

2 further, That the Secretary may reprogram up to

3 $5,000,000 from the Amtrak operating grant funds for

4 costs associated with the implementation of the fair bid

5 procedure and demonstration of competition under this

6 section.

7 SEC. 628. None of the funds provided in this Act,

8 provided by previous appropriations Acts to the agencies

9 or entities funded in this Act that remain available for

10 obligation or expenditure in fiscal year 2004, or provided

11 from any accounts in the Treasury derived by the collec12 tion of fees and available to the agencies funded by this

13 Act, shall be available for obligation or expenditure

14 through a reprogramming of funds that—

15 (1) creates a new program;

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

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

18 activity for which funds have been denied or re19 stricted by the Congress;

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

21 activity by either the House or Senate Committees

22 on Appropriations for a different purpose;

23 (5) augments existing programs, projects, or ac24 tivities in excess of $5,000,000 or 10 percent, which25 ever is less; or
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1 (6) reduces existing programs, projects, or ac2 tivities by 10 percent,

3 unless the House and Senate Committees on Appropria4 tions are notified at least 15 days in advance of such re5 programming.

6 SEC. 629. None of the funds made available in this

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

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

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

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

11 cities, streets, places, events, or signs related to an inter12 national border.

13 SEC. 630. EXEMPTION FROM LIMITATIONS ON PRO14 CUREMENT OF FOREIGN INFORMATION TECHNOLOGY

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

16 order to promote Government access to commercial infor17 mation technology, the restriction on purchasing non18 domestic articles, materials, and supplies set forth in the

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

20 to the acquisition by the Federal Government of informa21 tion technology (as defined in section 11101 of title 40,

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

23 in section 4(12) of the Office of Federal Procurement Pol24 icy Act (41 U.S.C. 403(12)).
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1 (b) DEFINITION.—Section 11101(6) of title 40,

2 United States Code, is amended—

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

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

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

6 equipment,’’ and inserting ‘‘ancillary equipment (in7 cluding imaging peripherals, input, output, and stor8 age devices necessary for security and surveillance),

9 peripheral equipment designed to be controlled by

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

11 SEC. 631. It is the sense of the House of Representa12 tives that empowerment zones within cities should have

13 the necessary flexibility to expand to include relevant com14 munities so that empowerment zone benefits are equitably

15 distributed.

16 SEC. 632. It is the sense of the House of Representa17 tives that all census tracts contained in an empowerment

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

19 the same benefits.

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

21 Act may be used to finalize, implement, administer, or

22 enforce—

23 (1) the proposed rule relating to the determina24 tion that real estate brokerage is an activity that is

25 financial in nature or incidental to a financial activ-
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1 ity published in the Federal Register on January 3,

2 2001 (66 Fed. Reg. 307 et seq.); or

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

4 1501.2 of title 12 of the Code of Federal Regula5 tions.

6 SEC. 634. It is the sense of Congress that, after prop7 er documentation, justification, and review, the Depart8 ment of Transportation should consider programs to reim9 burse general aviation ground support services at Ronald

10 Reagan Washington National Airport, and airports lo11 cated within fifteen miles of Ronald Reagan Washington

12 National Airport, for their financial losses due to Govern13 ment actions after the terrorist attacks of September 11,

14 2001.

15 SEC. 635. It is the sense of the House of Representa16 tives that public private partnerships (PPPs) could help

17 eliminate some of the cost drivers behind complex, capital18 intensive highway and transit projects. The House of Rep19 resentatives encourages the Secretary of Transportation

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

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

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

23 employ a PPP strategy.
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1 TITLE VII—GENERAL PROVISIONS

2 DEPARTMENTS, AGENCIES, AND CORPORATIONS

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

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

5 the immediate family of employees serving abroad in cases

6 of death or life threatening illness of said employee.

7 SEC. 702. 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

10 or expend any such funds, unless such department, agen11 cy, or instrumentality has in place, and will continue to

12 administer in good faith, a written policy designed to en13 sure that all of its workplaces are free from the illegal

14 use, possession, or distribution of controlled substances

15 (as defined in the Controlled Substances Act) by the offi16 cers and employees of such department, agency, or instru17 mentality.

18 SEC. 703. Unless otherwise specifically provided, the

19 maximum amount allowable during the current fiscal year

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

21 (60 Stat. 810), for the purchase of any passenger motor

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

23 and undercover surveillance vehicles), is hereby fixed at

24 $8,100 except station wagons for which the maximum

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

2 and by not to exceed $4,000 for special heavy-duty vehi3 cles: Provided further, That the limits set forth in this sec4 tion may not be exceeded by more than 5 percent for elec5 tric or hybrid vehicles purchased for demonstration under

6 the provisions of the Electric and Hybrid Vehicle Re7 search, Development, and Demonstration Act of 1976:

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

9 may be exceeded by the incremental cost of clean alter10 native fuels vehicles acquired pursuant to Public Law

11 101–549 over the cost of comparable conventionally fueled

12 vehicles.

13 SEC. 704. Appropriations of the executive depart14 ments and independent establishments for the current fis15 cal year available for expenses of travel, or for the ex16 penses of the activity concerned, are hereby made available

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

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

19 SEC. 705. Unless otherwise specified during the cur20 rent fiscal year, no part of any appropriation contained

21 in this or any other Act shall be used to pay the compensa22 tion of any officer or employee of the Government of the

23 United States (including any agency the majority of the

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

25 States) whose post of duty is in the continental United
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1 States unless such person: (1) is a citizen of the United

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

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

4 for citizenship, has filed a declaration of intention to be5 come a citizen of the United States prior to such date and

6 is actually residing in the United States; (3) is a person

7 who owes allegiance to the United States; (4) is an alien

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

9 former Soviet Union, or the Baltic countries lawfully ad10 mitted to the United States for permanent residence; (5)

11 is a South Vietnamese, Cambodian, or Laotian refugee pa12 roled in the United States after January 1, 1975; or (6)

13 is a national of the People’s Republic of China who quali14 fies for adjustment of status pursuant to the Chinese Stu15 dent Protection Act of 1992: Provided, That for the pur16 pose of this section, an affidavit signed by any such person

17 shall be considered prima facie evidence that the require18 ments of this section with respect to his or her status have

19 been complied with: Provided further, That any person

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

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

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

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

24 to, and not in substitution for, any other provisions of ex25 isting law: Provided further, That any payment made to
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1 any officer or employee contrary to the provisions of this

2 section shall be recoverable in action by the Federal Gov3 ernment. This section shall not apply to citizens of Ire4 land, Israel, or the Republic of the Philippines, or to na5 tionals of those countries allied with the United States in

6 a current defense effort, or to international broadcasters

7 employed by the United States Information Agency, or to

8 temporary employment of translators, or to temporary em9 ployment in the field service (not to exceed 60 days) as

10 a result of emergencies.

11 SEC. 706. Appropriations available to any depart12 ment or agency during the current fiscal year for nec13 essary expenses, including maintenance or operating ex14 penses, shall also be available for payment to the General

15 Services Administration for charges for space and services

16 and those expenses of renovation and alteration of build17 ings and facilities which constitute public improvements

18 performed in accordance with the Public Buildings Act of

19 1959 (73 Stat. 749), the Public Buildings Amendments

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

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

22 any other Act, all Federal agencies are authorized to re23 ceive and use funds resulting from the sale of materials,

24 including Federal records disposed of pursuant to a

25 records schedule recovered through recycling or waste pre-
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1 vention programs. Such funds shall be available until ex2 pended for the following purposes:

3 (1) Acquisition, waste reduction and prevention,

4 and recycling programs as described in Executive

5 Order No. 13101 (September 14, 1998), including

6 any such programs adopted prior to the effective

7 date of the Executive order.

8 (2) Other Federal agency environmental man9 agement programs, including, but not limited to, the

10 development and implementation of hazardous waste

11 management and pollution prevention programs.

12 (3) Other employee programs as authorized by

13 law or as deemed appropriate by the head of the

14 Federal agency.

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

16 Act for administrative expenses in the current fiscal year

17 of the corporations and agencies subject to chapter 91 of

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

19 to objects for which such funds are otherwise available,

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

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

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

23 expenditure of such funds unless otherwise specified in the

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

25 the event any functions budgeted as administrative ex-
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1 penses are subsequently transferred to or paid from other

2 funds, the limitations on administrative expenses shall be

3 correspondingly reduced.

4 SEC. 709. No part of any appropriation for the cur5 rent fiscal year contained in this or any other Act shall

6 be paid to any person for the filling of any position for

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

8 voted not to approve the nomination of said person.

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

10 this or any other Act shall be available for interagency

11 financing of boards (except Federal Executive Boards),

12 commissions, councils, committees, or similar groups

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

14 not have a prior and specific statutory approval to receive

15 financial support from more than one agency or instru16 mentality.

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

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

19 be available for employment of guards for all buildings and

20 areas owned or occupied by the Postal Service and under

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

22 guards shall have, with respect to such property, the pow23 ers of special policemen provided by the first section of

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

25 U.S.C. 318), and, as to property owned or occupied by
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1 the Postal Service, the Postmaster General may take the

2 same actions as the Administrator of General Services

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

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

5 318a and 318b), attaching thereto penal consequences

6 under the authority and within the limits provided in sec7 tion 4 of the Act of June 1, 1948, as amended (62 Stat.

8 281; 40 U.S.C. 318c).

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

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

11 administer, or enforce any regulation which has been dis12 approved pursuant to a resolution of disapproval duly

13 adopted in accordance with the applicable law of the

14 United States.

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

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

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

18 2004, by this or any other Act, may be used to pay any

19 prevailing rate employee described in section

20 5342(a)(2)(A) of title 5, United States Code—

21 (1) during the period from the date of expira22 tion of the limitation imposed by the comparable sec23 tion for the previous fiscal years until the normal ef24 fective date of the applicable wage survey adjust25 ment that is to take effect in fiscal year 2004, in an
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1 amount that exceeds the rate payable for the appli2 cable grade and step of the applicable wage schedule

3 in accordance with such section; and

4 (2) during the period consisting of the remain5 der of fiscal year 2004, in an amount that exceeds,

6 as a result of a wage survey adjustment, the rate

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

8 of—

9 (A) the percentage adjustment taking ef10 fect in fiscal year 2004 under section 5303 of

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

12 under the General Schedule; and

13 (B) the difference between the overall aver14 age percentage of the locality-based com15 parability payments taking effect in fiscal year

16 2004 under section 5304 of such title (whether

17 by adjustment or otherwise), and the overall av18 erage percentage of such payments which was

19 effective in the previous fiscal year under such

20 section.

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

22 prevailing rate employee described in subparagraph (B) or

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

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

25 may be paid during the periods for which subsection (a)
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1 is in effect at a rate that exceeds the rates that would

2 be payable under subsection (a) were subsection (a) appli3 cable to such employee.

4 (c) For the purposes of this section, the rates payable

5 to an employee who is covered by this section and who

6 is paid from a schedule not in existence on September 30,

7 2003, shall be determined under regulations prescribed by

8 the Office of Personnel Management.

9 (d) Notwithstanding any other provision of law, rates

10 of premium pay for employees subject to this section may

11 not be changed from the rates in effect on September 30,

12 2003, except to the extent determined by the Office of

13 Personnel Management to be consistent with the purpose

14 of this section.

15 (e) This section shall apply with respect to pay for

16 service performed after September 30, 2003.

17 (f) For the purpose of administering any provision

18 of law (including any rule or regulation that provides pre19 mium pay, retirement, life insurance, or any other em20 ployee benefit) that requires any deduction or contribu21 tion, or that imposes any requirement or limitation on the

22 basis of a rate of salary or basic pay, the rate of salary

23 or basic pay payable after the application of this section

24 shall be treated as the rate of salary or basic pay.
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1 (g) Nothing in this section shall be considered to per2 mit or require the payment to any employee covered by

3 this section at a rate in excess of the rate that would be

4 payable were this section not in effect.

5 (h) The Office of Personnel Management may provide

6 for exceptions to the limitations imposed by this section

7 if the Office determines that such exceptions are necessary

8 to ensure the recruitment or retention of qualified employ9 ees.

10 SEC. 714. During the period in which the head of

11 any department or agency, or any other officer or civilian

12 employee of the Government appointed by the President

13 of the United States, holds office, no funds may be obli14 gated or expended in excess of $5,000 to furnish or re15 decorate the office of such department head, agency head,

16 officer, or employee, or to purchase furniture or make im17 provements for any such office, unless advance notice of

18 such furnishing or redecoration is expressly approved by

19 the Committees on Appropriations. For the purposes of

20 this section, the term ‘‘office’’ shall include the entire suite

21 of offices assigned to the individual, as well as any other

22 space used primarily by the individual or the use of which

23 is directly controlled by the individual.

24 SEC. 715. Notwithstanding section 1346 of title 31,

25 United States Code, or section 710 of this Act, funds
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1 made available for the current fiscal year by this or any

2 other Act shall be available for the interagency funding

3 of national security and emergency preparedness tele4 communications initiatives which benefit multiple Federal

5 departments, agencies, or entities, as provided by Execu6 tive Order No. 12472 (April 3, 1984).

7 SEC. 716. (a) None of the funds appropriated by this

8 or any other Act may be obligated or expended by any

9 Federal department, agency, or other instrumentality for

10 the salaries or expenses of any employee appointed to a

11 position of a confidential or policy-determining character

12 excepted from the competitive service pursuant to section

13 3302 of title 5, United States Code, without a certification

14 to the Office of Personnel Management from the head of

15 the Federal department, agency, or other instrumentality

16 employing the Schedule C appointee that the Schedule C

17 position was not created solely or primarily in order to

18 detail the employee to the White House.

19 (b) The provisions of this section shall not apply to

20 Federal employees or members of the armed services de21 tailed to or from—

22 (1) the Central Intelligence Agency;

23 (2) the National Security Agency;

24 (3) the Defense Intelligence Agency;
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1 (4) the offices within the Department of De2 fense for the collection of specialized national foreign

3 intelligence through reconnaissance programs;

4 (5) the Bureau of Intelligence and Research of

5 the Department of State;

6 (6) any agency, office, or unit of the Army,

7 Navy, Air Force, and Marine Corps, the Department

8 of Homeland Security, the Federal Bureau of Inves9 tigation and the Drug Enforcement Administration

10 of the Department of Justice, the Department of

11 Transportation, the Department of the Treasury,

12 and the Department of Energy performing intel13 ligence functions; and

14 (7) the Director of Central Intelligence.

15 SEC. 717. No department, agency, or instrumentality

16 of the United States receiving appropriated funds under

17 this or any other Act for the current fiscal year shall obli18 gate or expend any such funds, unless such department,

19 agency, or instrumentality has in place, and will continue

20 to administer in good faith, a written policy designed to

21 ensure that all of its workplaces are free from discrimina22 tion and sexual harassment and that all of its workplaces

23 are not in violation of title VII of the Civil Rights Act

24 of 1964, as amended, the Age Discrimination in Employ25 ment Act of 1967, and the Rehabilitation Act of 1973.
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1 SEC. 718. No part of any appropriation contained in

2 this or any other Act shall be available for the payment

3 of the salary of any officer or employee of the Federal

4 Government, who—

5 (1) prohibits or prevents, or attempts or threat6 ens to prohibit or prevent, any other officer or em7 ployee of the Federal Government from having any

8 direct oral or written communication or contact with

9 any Member, committee, or subcommittee of the

10 Congress in connection with any matter pertaining

11 to the employment of such other officer or employee

12 or pertaining to the department or agency of such

13 other officer or employee in any way, irrespective of

14 whether such communication or contact is at the ini15 tiative of such other officer or employee or in re16 sponse to the request or inquiry of such Member,

17 committee, or subcommittee; or

18 (2) removes, suspends from duty without pay,

19 demotes, reduces in rank, seniority, status, pay, or

20 performance of efficiency rating, denies promotion

21 to, relocates, reassigns, transfers, disciplines, or dis22 criminates in regard to any employment right, enti23 tlement, or benefit, or any term or condition of em24 ployment of, any other officer or employee of the

25 Federal Government, or attempts or threatens to
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1 commit any of the foregoing actions with respect to

2 such other officer or employee, by reason of any

3 communication or contact of such other officer or

4 employee with any Member, committee, or sub5 committee of the Congress as described in paragraph

6 (1).

7 SEC. 719. (a) None of the funds made available in

8 this or any other Act may be obligated or expended for

9 any employee training that—

10 (1) does not meet identified needs for knowl11 edge, skills, and abilities bearing directly upon the

12 performance of official duties;

13 (2) contains elements likely to induce high lev14 els of emotional response or psychological stress in

15 some participants;

16 (3) does not require prior employee notification

17 of the content and methods to be used in the train18 ing and written end of course evaluation;

19 (4) contains any methods or content associated

20 with religious or quasi-religious belief systems or

21 ‘‘new age’’ belief systems as defined in Equal Em22 ployment Opportunity Commission Notice N–

23 915.022, dated September 2, 1988; or
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1 (5) is offensive to, or designed to change, par2 ticipants’ personal values or lifestyle outside the

3 workplace.

4 (b) Nothing in this section shall prohibit, restrict, or

5 otherwise preclude an agency from conducting training

6 bearing directly upon the performance of official duties.

7 SEC. 720. No funds appropriated in this or any other

8 Act may be used to implement or enforce the agreements

9 in Standard Forms 312 and 4414 of the Government or

10 any other nondisclosure policy, form, or agreement if such

11 policy, form, or agreement does not contain the following

12 provisions: ‘‘These restrictions are consistent with and do

13 not supersede, conflict with, or otherwise alter the em14 ployee obligations, rights, or liabilities created by Execu15 tive Order No. 12958; section 7211 of title 5, United

16 States Code (governing disclosures to Congress); section

17 1034 of title 10, United States Code, as amended by the

18 Military Whistleblower Protection Act (governing disclo19 sure to Congress by members of the military); section

20 2302(b)(8) of title 5, United States Code, as amended by

21 the Whistleblower Protection Act (governing disclosures of

22 illegality, waste, fraud, abuse or public health or safety

23 threats); the Intelligence Identities Protection Act of 1982

24 (50 U.S.C. 421 et seq.) (governing disclosures that could

25 expose confidential Government agents); and the statutes
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1 which protect against disclosure that may compromise the

2 national security, including sections 641, 793, 794, 798,

3 and 952 of title 18, United States Code, and section 4(b)

4 of the Subversive Activities Act of 1950 (50 U.S.C.

5 783(b)). The definitions, requirements, obligations, rights,

6 sanctions, and liabilities created by said Executive order

7 and listed statutes are incorporated into this agreement

8 and are controlling.’’: Provided, That notwithstanding the

9 preceding paragraph, a nondisclosure policy form or agree10 ment that is to be executed by a person connected with

11 the conduct of an intelligence or intelligence-related activ12 ity, other than an employee or officer of the United States

13 Government, may contain provisions appropriate to the

14 particular activity for which such document is to be used.

15 Such form or agreement shall, at a minimum, require that

16 the person will not disclose any classified information re17 ceived in the course of such activity unless specifically au18 thorized to do so by the United States Government. Such

19 nondisclosure forms shall also make it clear that they do

20 not bar disclosures to Congress or to an authorized official

21 of an executive agency or the Department of Justice that

22 are essential to reporting a substantial violation of law.

23 SEC. 721. No part of any funds appropriated in this

24 or any other Act shall be used by an agency of the execu25 tive branch, other than for normal and recognized execu-
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1 tive-legislative relationships, for publicity or propaganda

2 purposes, and for the preparation, distribution or use of

3 any kit, pamphlet, booklet, publication, radio, television or

4 film presentation designed to support or defeat legislation

5 pending before the Congress, except in presentation to the

6 Congress itself.

7 SEC. 722. None of the funds appropriated by this or

8 any other Act may be used by an agency to provide a Fed9 eral employee’s home address to any labor organization

10 except when the employee has authorized such disclosure

11 or when such disclosure has been ordered by a court of

12 competent jurisdiction.

13 SEC. 723. None of the funds made available in this

14 Act or any other Act may be used to provide any non15 public information such as mailing or telephone lists to

16 any person or any organization outside of the Federal

17 Government without the approval of the Committees on

18 Appropriations.

19 SEC. 724. No part of any appropriation contained in

20 this or any other Act shall be used for publicity or propa21 ganda purposes within the United States not heretofore

22 authorized by the Congress.

23 SEC. 725. Unless authorized in accordance with law

24 or regulations to use such time for other purposes, an em25 ployee of an agency shall use official time in an honest
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1 effort to perform official duties. An employee not under

2 a leave system, including a Presidential appointee exempt3 ed under section 6301(2) of title 5, United States Code,

4 has an obligation to expend an honest effort and a reason5 able proportion of such employee’s time in the perform6 ance of official duties: Provided, That in this section the

7 term ‘‘agency’’—

8 (1) means an Executive agency as defined

9 under section 105 of title 5, United States Code;

10 (2) includes a military department as defined

11 under section 102 of such title, the Postal Service,

12 and the Postal Rate Commission; and

13 (3) shall not include the General Accounting

14 Office.

15 SEC. 726. Notwithstanding 31 U.S.C. 1346 and sec16 tion 710 of this Act, funds made available for the current

17 fiscal year by this or any other Act to any department

18 or agency, which is a member of the Joint Financial Man19 agement Improvement Program (JFMIP), shall be avail20 able to finance an appropriate share of JFMIP adminis21 trative costs, as determined by the JFMIP, but not to ex22 ceed a total of $800,000 including the salary of the Execu23 tive Director and staff support.

24 SEC. 727. Notwithstanding 31 U.S.C. 1346 and sec25 tion 710 of this Act, the head of each Executive depart-
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1 ment and agency is hereby authorized to transfer to or

2 reimburse the ‘‘Governmentwide Policy’’ account, General

3 Services Administration, with the approval of the Director

4 of the Office of Management and Budget, funds made

5 available for the current fiscal year by this or any other

6 Act, including rebates from charge card and other con7 tracts. These funds shall be administered by the Adminis8 trator of General Services to support Government-wide fi9 nancial, information technology, procurement, and other

10 management innovations, initiatives, and activities, as ap11 proved by the Director of the Office of Management and

12 Budget, in consultation with the appropriate interagency

13 groups designated by the Director (including the Chief Fi14 nancial Officers Council and the Joint Financial Manage15 ment Improvement Program for financial management

16 initiatives, the Chief Information Officers Council for in17 formation technology initiatives, and the Procurement Ex18 ecutives Council for procurement initiatives). The total

19 funds transferred or reimbursed shall not exceed

20 $17,000,000. Such transfers or reimbursements may only

21 be made 15 days following notification of the Committees

22 on Appropriations by the Director of the Office of Man23 agement and Budget.

24 SEC. 728. Notwithstanding any other provision of

25 law, a woman may breastfeed her child at any location
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1 in a Federal building or on Federal property, if the woman

2 and her child are otherwise authorized to be present at

3 the location.

4 SEC. 729. Nothwithstanding section 1346 of title 31,

5 United States Code, or section 710 of this Act, funds

6 made available for the current fiscal year by this or any

7 other Act shall be available for the interagency funding

8 of specific projects, workshops, studies, and similar efforts

9 to carry out the purposes of the National Science and

10 Technology Council (authorized by Executive Order No.

11 12881), which benefit multiple Federal departments,

12 agencies, or entities: Provided, That the Office of Manage13 ment and Budget shall provide a report describing the

14 budget of and resources connected with the National

15 Science and Technology Council to the Committees on Ap16 propriations, the House Committee on Science; and the

17 Senate Committee on Commerce, Science, and Transpor18 tation 90 days after enactment of this Act.

19 SEC. 730. Any request for proposals, solicitation,

20 grant application, form, notification, press release, or

21 other publications involving the distribution of Federal

22 funds shall indicate the agency providing the funds, the

23 Catalog of Federal Domestic Assistance Number, as appli24 cable, and the amount provided. This provision shall apply
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1 to direct payments, formula funds, and grants received by

2 a State receiving Federal funds.

3 SEC. 731. Subsection (f) of section 403 of Public Law

4 103–356 (31 U.S.C. 501 note) is amended by striking

5 ‘‘October 1, 2001’’ and inserting ‘‘October 1, 2004’’.

6 SEC. 732. (a) PROHIBITION OF FEDERAL AGENCY

7 MONITORING OF PERSONAL INFORMATION ON USE OF

8 INTERNET.—None of the funds made available in this or

9 any other Act may be used by any Federal agency—

10 (1) to collect, review, or create any aggregate

11 list, derived from any means, that includes the col12 lection of any personally identifiable information re13 lating to an individual’s access to or use of any Fed14 eral Government Internet site of the agency; or

15 (2) to enter into any agreement with a third

16 party (including another Government agency) to col17 lect, review, or obtain any aggregate list, derived

18 from any means, that includes the collection of any

19 personally identifiable information relating to an in20 dividual’s access to or use of any nongovernmental

21 Internet site.

22 (b) EXCEPTIONS.—The limitations established in

23 subsection (a) shall not apply to—

24 (1) any record of aggregate data that does not

25 identify particular persons;
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1 (2) any voluntary submission of personally iden2 tifiable information;

3 (3) any action taken for law enforcement, regu4 latory, or supervisory purposes, in accordance with

5 applicable law; or

6 (4) any action described in subsection (a)(1)

7 that is a system security action taken by the oper8 ator of an Internet site and is necessarily incident

9 to the rendition of the Internet site services or to the

10 protection of the rights or property of the provider

11 of the Internet site.

12 (c) DEFINITIONS.—For the purposes of this section:

13 (1) The term ‘‘regulatory’’ means agency ac14 tions to implement, interpret or enforce authorities

15 provided in law.

16 (2) The term ‘‘supervisory’’ means examina17 tions of the agency’s supervised institutions, includ18 ing assessing safety and soundness, overall financial

19 condition, management practices and policies and

20 compliance with applicable standards as provided in

21 law.

22 SEC. 733. (a) None of the funds appropriated by this

23 Act may be used to enter into or renew a contract which

24 includes a provision providing prescription drug coverage,
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1 except where the contract also includes a provision for con2 traceptive coverage.

3 (b) Nothing in this section shall apply to a contract

4 with—

5 (1) any of the following religious plans:

6 (A) Personal Care’s HMO; and

7 (B) OSF Health Plans, Inc.; and

8 (2) any existing or future plan, if the carrier

9 for the plan objects to such coverage on the basis of

10 religious beliefs.

11 (c) In implementing this section, any plan that enters

12 into or renews a contract under this section may not sub13 ject any individual to discrimination on the basis that the

14 individual refuses to prescribe or otherwise provide for

15 contraceptives because such activities would be contrary

16 to the individual’s religious beliefs or moral convictions.

17 (d) Nothing in this section shall be construed to re18 quire coverage of abortion or abortion-related services.

19 SEC. 734. The Congress of the United States recog20 nizes the United States Anti-Doping Agency (USADA) as

21 the official anti-doping agency for Olympic, Pan Amer22 ican, and Paralympic sport in the United States.

23 SEC. 735. Not later than 6 months after the date of

24 enactment of this Act, the Inspector General of each appli25 cable department or agency shall submit to the Committee
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1 on Appropriations a report detailing what policies and pro2 cedures are in place for each department or agency to give

3 first priority to the location of new offices and other facili4 ties in rural areas, as directed by the Rural Development

5 Act of 1972.

6 SEC. 736. Each executive department and agency

7 shall evaluate the creditworthiness of an individual before

8 issuing the individual a Government travel charge card.

9 The department or agency may not issue a Government

10 travel charge card to an individual that either lacks a cred11 it history or is found to have an unsatisfactory credit his12 tory as a result of this evaluation: Provided, That this re13 striction shall not preclude issuance of a restricted-use

14 charge, debit, or stored value card made in accordance

15 with agency procedures to: (1) an individual with an un16 satisfactory credit history where such card is used to pay

17 travel expenses and the agency determines there is no suit18 able alternative payment mechanism available before

19 issuing the card; or (2) an individual who lacks a credit

20 history. Each executive department and agency shall es21 tablish guidelines and procedures for disciplinary actions

22 to be taken against agency personnel for improper, fraud23 ulent, or abusive use of Government charge cards, which

24 shall include appropriate disciplinary actions for use of

25 charge cards for purposes, and at establishments, that are
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1 inconsistent with the official business of the department

2 or agency or with applicable standards of conduct.

3 SEC. 737. Notwithstanding section 1346 of title 31,

4 United States Code, or section 710 of this Act, funds

5 made available for the current fiscal year by this or any

6 other Act shall be available for the interagency funding

7 of the National Oceanographic Partnership Program Of8 fice, authorized by 10 U.S.C. 7902, and the Coastal Amer9 ica program, which benefit multiple Federal departments,

10 agencies, or entities: Provided, That the Department of

11 Commerce shall provide a report describing the budget of

12 and resources connected with the National Oceanographic

13 Partnership Program Office and the Coastal America pro14 gram to the House and Senate Committees on Appropria15 tions, the House Committee on Science, and the Senate

16 Committee on Commerce, Science, and Transportation 90

17 days after the enactment of this Act.

18 SEC. 738. Section 640(c) of the Treasury and Gen19 eral Government Appropriations Act, 2000 (Public Law

20 106–58; 2 U.S.C. 437g note 1), as amended by section

21 642 of the Treasury and General Government Appropria22 tions Act, 2002 (Public Law 107–67), is amended by

23 striking ‘‘December 31, 2003’’ and inserting ‘‘December

24 31, 2005’’.
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1 SEC. 739. Section 304(a) of the Federal Election

2 Campaign Act of 1971 (2 U.S.C. 434(a)) is amended as

3 follows:

4 (1) in clauses (a)(2)(A)(i) and (a)(4)(A)(ii) by

5 striking the parenthetical ‘‘(or posted by registered

6 or certified mail no later than the 15th day before)’’

7 and inserting in its place, ‘‘(or posted by any of the

8 following: registered mail, certified mail, priority

9 mail having a delivery confirmation, or express mail

10 having a delivery confirmation, or delivered to an

11 overnight delivery service with an on-line tracking

12 system, if posted or delivered no later than the 15th

13 day before)’’; and

14 (2) by striking paragraph (a)(5) and inserting

15 the following:

16 ‘‘(5) If a designation, report, or statement filed

17 pursuant to this Act (other than under paragraph

18 (2)(A)(i) or (4)(A)(ii) or subsection (g)(1)) is sent

19 by registered mail, certified mail, priority mail hav20 ing a delivery confirmation, or express mail having

21 a delivery confirmation, the United States postmark

22 shall be considered the date of filing the designation,

23 report or statement. If a designation, report or

24 statement filed pursuant to this Act (other than

25 under paragraph (2)(A)(i) or (4)(A)(ii), or sub-
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1 section (g)(1)) is sent by an overnight delivery serv2 ice with an on-line tracking system, the date on the

3 proof of delivery to the delivery service shall be con4 sidered the date of filing of the designation, report,

5 or statement.’’.

6 SEC. 740. (a) The adjustment in rates of basic pay

7 for employees under the statutory pay systems that takes

8 effect in fiscal year 2004 under sections 5303 and 5304

9 of title 5, United States Code, shall be an increase of 4.1

10 percent, and this adjustment shall apply to civilian em11 ployees in the Department of Defense and the Department

12 of Homeland Security and such adjustments shall be effec13 tive as of the first day of the first applicable pay period

14 beginning on or after January 1, 2004.

15 (b) Notwithstanding section 713 of this Act, the ad16 justment in rates of basic pay for the statutory pay sys17 tems that take place in fiscal year 2004 under sections

18 5344 and 5348 of title 5, United States Code, shall be

19 no less than the percentage in paragraph (a) as employees

20 in the same location whose rates of basic pay are adjusted

21 pursuant to the statutory pay systems under section 5303

22 and 5304 of title 5, United States Code. Prevailing rate

23 employees at locations where there are no employees whose

24 pay is increased pursuant to sections 5303 and 5304 of

25 title 5 and prevailing rate employees described in section
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1 5343(a)(5) of title 5 shall be considered to be located in

2 the pay locality designated as ‘‘Rest of US’’ pursuant to

3 section 5304 of title 5 for purposes of this paragraph.

4 (c) Funds used to carry out this section shall be paid

5 from appropriations, which are made to each applicable

6 department or agency for salaries and expenses for fiscal

7 year 2004.

8 SEC. 741. Not later than December 31 of each year,

9 the head of each agency shall submit to Congress a report

10 on the competitive sourcing activities performed during

11 the previous fiscal year by Federal Government sources

12 that are on the list required under the Federal Activities

13 Inventory Reform Act of 1998 (Public Law 105–270; 31

14 U.S.C. 501 note). The report shall include—

15 (1) the number of full time equivalent Federal

16 employees studied for competitive sourcing;

17 (2) the total agency cost required to carry out

18 its competitive sourcing program;

19 (3) the costs attributable to paying outside con20 sultants and contractors to carry out the agency’s

21 competitive sourcing program;

22 (4) the costs attributable to paying agency per23 sonnel to carry out its competitive sourcing program;

24 and
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1 (5) an estimate of the savings attributed as a

2 result of the agency competitive sourcing program.

3 SEC. 742. It is the sense of the Congress that none

4 of the funds made available in this Act should be used

5 to disestablish any pay locality (as defined by section 5302

6 of title 5, United States Code).

7 SEC. 743. For an additional amount for new fixed

8 guideway systems under the heading ‘‘Federal Transit Ad9 ministration—Capital Investment Grants’’ for the Silicon

10 Valley, CA, Rapid Transit Corridor, and the amount oth11 erwise provided under such heading for the San Francisco,

12 CA, Muni Third Street Light Rail Project is hereby re13 duced by, $1,000,000.

14 SEC. 744. Notwithstanding any other provision of

15 this Act, for necessary expenses to carry out the essential

16 air service program pursuant to 49 U.S.C. 41742(a), there

17 is hereby appropriated $63,000,000, to be derived from

18 the airport and airway trust fund and to remain available

19 until expended.

20 SEC. 745. (a) None of the funds made available in

21 this Act may be used to administer or enforce part 515

22 of title 31, Code of Federal Regulations (the Cuban Assets

23 Control Regulations) with respect to any travel or travel24 related transaction.
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1 (b) The limitation established in subsection (a) shall

2 not apply to the administration of general or specific li3 censes for travel or travel-related transactions, shall not

4 apply to section 515.204, 515.206, 515.332, 515.536,

5 515.544, 515.547, 515.560(c)(3), 515.569, 515.571, or

6 515.803 of such part 515, and shall not apply to trans7 actions in relation to any business travel covered by sec8 tion 515.560(g) of such part 515.

9 SEC. 746. None of the funds made available in this

10 Act may be used to enforce any restriction on remittances

11 to nationals of Cuba or Cuban households, including re12 mittances for emigration expenses, covered by section

13 515.570 or 515.560(c) of title 31, Code of Federal Regula14 tions, other than the restriction that remittances not be

15 made from a blocked source and the restriction that no

16 member of the payee’s household be a senior-level Govern17 ment official or senior-level communist party official.

18 SEC. 747. None of the funds appropriated by this Act

19 may be used to assist in overturning the judicial ruling

20 contained in the Memorandum and Order of the United

21 States District Court for the Southern District of Illinois

22 entered on July 31, 2003, in the action entitled Kathi Coo23 per, Beth Harrington, and Matthew Hillesheim, Individ24 ually and on Behalf of All Those Similarly Situated vs.
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1 IBM Personal Pension Plan and IBM Corporation (Civil

2 No. 99–829–GPM).

3 SEC. 748. None of the funds made available by this

4 Act may be used to implement the revision to Office of

5 Management and Budget Circular A–76 made on May 29,

6 2003.

7 SEC. 749. (a) None of the funds made available in

8 this Act may be used to implement, administer, or enforce

9 the amendments made to section 515.565(b)(2) of title 31,

10 Code of Federal Regulations (relating to specific licenses

11 for ‘‘people-to-people’’ educational exchanges), as pub12 lished in the Federal Register on March 24, 2003.

13 (b) The limitation in subsection (a) shall not apply

14 to the implementation, administration, or enforcement of

15 515.560(c)(3) of title 31, Code of Federal Regulations.

16 This Act may be cited as the ‘‘Transportation, Treas17 ury, and Independent Agencies Appropriations Act,

18 2004’’.

Passed the House of Representatives September 9,

2003.

Attest:

Clerk.