II 

Calendar No. 696 

108TH CONGRESS 

2D SESSION S. 2806 

[Report No. 108–342] 

Making appropriations for the Departments of Transportation and Treasury, 

the Executive Office of the President, and certain independent agencies 

for the fiscal year ending September 30, 2005, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2004 

Mr. SHELBY, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Departments of Transportation and Treasury, the Executive Office of the President, and certain independent agencies for the fiscal 

year ending September 30, 2005, and for other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Transportation and Treasury, the Execu6 tive Office of the President, and certain independent agen-
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1 cies for the fiscal year ending September 30, 2005, and 

2 for other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF TRANSPORTATION 

5 OFFICE OF THE SECRETARY

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the Secretary, 

8 $86,000,000, of which not to exceed $2,400,000 shall be 

9 available for the immediate Office of the Secretary; not 

10 to exceed $725,000 shall be available for the immediate 

11 Office of the Deputy Secretary; not to exceed $15,700,000 

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

13 not to exceed $12,627,000 shall be available for the Office 

14 of the Under Secretary of Transportation for Policy; not 

15 to exceed $8,600,000 shall be available for the Office of 

16 the Assistant Secretary for Budget and Programs; not to 

17 exceed $2,500,000 shall be available for the Office of the 

18 Assistant Secretary for Governmental Affairs; not to ex19 ceed $24,364,000 shall be available for the Office of the 

20 Assistant Secretary for Administration; not to exceed 

21 $1,968,000 shall be available for the Office of Public Af22 fairs; not to exceed $1,484,000 shall be available for the 

23 Office of the Executive Secretariat; not to exceed 

24 $750,000 shall be available for the Board of Contract Ap25 peals; not to exceed $1,290,000 shall be available for the 
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1 Office of Small and Disadvantaged Business Utilization; 

2 not to exceed $2,200,000 for the Office of Intelligence and 

3 Security; and not to exceed $11,392,000 shall be available 

4 for the Office of the Chief Information Officer: Provided, 

5 That the Secretary of Transportation is authorized to 

6 transfer funds appropriated for any office of the Office 

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

8 Secretary: Provided further, That no appropriation for any 

9 office shall be increased or decreased by more than 5 per10 cent by all such transfers: Provided further, That any 

11 change in funding greater than 5 percent shall be sub12 mitted for approval to the House and Senate Committees 

13 on Appropriations: Provided further, That not to exceed 

14 $60,000 shall be for allocation within the Department for 

15 official reception and representation expenses as the Sec16 retary may determine: Provided further, That notwith17 standing any other provision of law, excluding fees author18 ized in Public Law 107–71, there may be credited to this 

19 appropriation up to $2,500,000 in funds received in user 

20 fees. 

21 OFFICE OF CIVIL RIGHTS

22 For necessary expenses of the Office of Civil Rights, 

23 $8,700,000. 
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1 COMPENSATION FOR AIR CARRIERS

2 (RESCISSION)

3 Of the funds made available under section 101(a)(2) 

4 of Public Law 107–42, $235,000,000 are rescinded. 

5 TRANSPORTATION PLANNING, RESEARCH, AND

6 DEVELOPMENT

7 For necessary expenses for conducting transportation 

8 planning, research, systems development, development ac9 tivities, and making grants, to remain available until ex10 pended, $15,000,000. 

11 WORKING CAPITAL FUND

12 Necessary expenses for operating costs and capital 

13 outlays of the Working Capital Fund, not to exceed 

14 $151,054,000, shall be paid from appropriations made 

15 available to the Department of Transportation: Provided, 

16 That such services shall be provided on a competitive basis 

17 to entities within the Department of Transportation: Pro18 vided further, That the above limitation on operating ex19 penses shall not apply to non-DOT entities: Provided fur20 ther, That no funds appropriated in this Act to an agency 

21 of the Department shall be transferred to the Working 

22 Capital Fund without the approval of the agency modal 

23 administrator: Provided further, That no assessments may 

24 be levied against any program, budget activity, subactivity 

25 or project funded by this Act unless notice of such assess26 ments and the basis therefor are presented to the House 
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1 and Senate Committees on Appropriations and are ap2 proved by such Committees. 

3 MINORITY BUSINESS RESOURCE CENTER PROGRAM

4 For the cost of guaranteed loans, $500,000, as au5 thorized by 49 U.S.C. 332: Provided, That such costs, in6 cluding the cost of modifying such loans, shall be as de7 fined in section 502 of the Congressional Budget Act of 

8 1974: Provided further, That these funds are available to 

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

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

11 administrative expenses to carry out the guaranteed loan 

12 program, $400,000. 

13 MINORITY BUSINESS OUTREACH

14 For necessary expenses of Minority Business Re15 source Center outreach activities, $3,000,000, to remain 

16 available until September 30, 2006: Provided, That not17 withstanding 49 U.S.C. 332, these funds may be used for 

18 business opportunities related to any mode of transpor19 tation. 

20 PAYMENTS TO AIR CARRIERS

21 (AIRPORT AND AIRWAY TRUST FUND)

22 In addition to funds made available from any other 

23 source to carry out the essential air service program under 

24 49 U.S.C. 41731 through 41742, $52,000,000, to be de25 rived from the Airport and Airway Trust Fund, to remain 

26 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 108–176, $7,784,000,000, of 

13 which $4,959,503,000 shall be derived from the Airport 

14 and Airway Trust Fund, of which not to exceed 

15 $6,267,870,000 shall be available for air traffic services 

16 program activities; not to exceed $905,194,000 shall be 

17 available for aviation regulation and certification program 

18 activities; not to exceed $224,239,000 shall be available 

19 for research and acquisition program activities; not to ex20 ceed $11,674,000 shall be available for commercial space 

21 transportation program activities; not to exceed 

22 $53,624,000 shall be available for financial services pro23 gram activities; not to exceed $78,660,000 shall be avail24 able for human resources program activities; not to exceed 

25 $88,479,000 shall be available for regional coordination 
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1 program activities; not to exceed $150,739,000 shall be 

2 available for staff offices; and not to exceed $36,254,000 

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 $7,000,000 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. 

12 FACILITIES AND EQUIPMENT

13 (AIRPORT AND AIRWAY TRUST FUND)

14 For necessary expenses, not otherwise provided for, 

15 for acquisition, establishment, technical support services, 

16 improvement by contract or purchase, and hire of air navi17 gation and experimental facilities and equipment, as au18 thorized under part A of subtitle VII of title 49, United 

19 States Code, including initial acquisition of necessary sites 

20 by lease or grant; engineering and service testing, includ21 ing construction of test facilities and acquisition of nec22 essary sites by lease or grant; construction and furnishing 

23 of quarters and related accommodations for officers and 

24 employees of the Federal Aviation Administration sta25 tioned at remote localities where such accommodations are 

26 not available; and the purchase, lease, or transfer of air-
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1 craft from funds available under this heading; to be de2 rived from the Airport and Airway Trust Fund, 

3 $2,500,000,000, of which $2,071,300,000 shall remain 

4 available until September 30, 2007, and of which 

5 $428,700,000 shall remain available until September 30, 

6 2005: Provided, That there may be credited to this appro7 priation funds received from States, counties, municipali8 ties, other public authorities, and private sources, for ex9 penses incurred in the establishment and modernization 

10 of air navigation facilities: Provided further, That upon ini11 tial submission to the Congress of the fiscal year 2006 

12 President’s budget, the Secretary of Transportation shall 

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

15 includes funding for each budget line item for fiscal years 

16 2006 through 2010, with total funding for each year of 

17 the plan constrained to the funding targets for those years 

18 as estimated and approved by the Office of Management 

19 and Budget. 

20 FACILITIES AND EQUIPMENT

21 (AIRPORT AND AIRWAY TRUST FUND)

22 (RESCISSION)

23 Of the available balances under this heading, 

24 $50,000,000 are rescinded. 
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1 RESEARCH, ENGINEERING, AND DEVELOPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For necessary expenses, not otherwise provided for, 

4 for research, engineering, and development, as authorized 

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

6 Code, including construction of experimental facilities and 

7 acquisition of necessary sites by lease or grant, 

8 $129,427,000, to be derived from the Airport and Airway 

9 Trust Fund and to remain available until September 30, 

10 2007: 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 for research, engineering, and develop14 ment. 

15 GRANTS-IN-AID FOR AIRPORTS

16 (LIQUIDATION OF CONTRACT AUTHORIZATION)

17 (LIMITATION ON OBLIGATIONS)

18 (AIRPORT AND AIRWAY TRUST FUND)

19 For liquidation of obligations incurred for grants-in20 aid for airport planning and development, and noise com21 patibility planning and programs as authorized under sub22 chapter I of chapter 471 and subchapter I of chapter 475 

23 of title 49, United States Code, and under other law au24 thorizing such obligations; for procurement, installation, 

25 and commissioning of runway incursion prevention devices 

26 and systems at airports of such title; for grants authorized 
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1 under section 41743 of title 49, United States Code; and 

2 for inspection activities and administration of airport safe3 ty programs, including those related to airport operating 

4 certificates under section 44706 of title 49, United States 

5 Code, $2,800,000,000 to be derived from the Airport and 

6 Airway Trust Fund and to remain available until ex7 pended: Provided, That none of the funds under this head8 ing shall be available for the planning or execution of pro9 grams the obligations for which are in excess of 

10 $3,500,000,000 in fiscal year 2005, notwithstanding sec11 tion 47117(g) of title 49, United States Code: Provided 

12 further, That none of the funds under this heading shall 

13 be available for the replacement of baggage conveyor sys14 tems, reconfiguration of terminal baggage areas, or other 

15 airport improvements that are necessary to install bulk ex16 plosive detection systems: Provided further, That notwith17 standing any other provision of law, not more than 

18 $68,802,000 of funds limited under this heading shall be 

19 obligated for administration and not less than 

20 $20,000,000 shall be for the Small Community Air Service 

21 Development Program. 
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1 GRANTS-IN-AID FOR AIRPORTS

2 (AIRPORT AND AIRWAY TRUST FUND)

3 (RESCISSION OF CONTRACT AUTHORIZATION)

4 Of the amount authorized for the fiscal year ending 

5 September 30, 2004, under sections 48103 and 48112 of 

6 title 49, United States Code, $265,000,000 are rescinded. 

7 GENERAL PROVISIONS—FEDERAL AVIATION

8 ADMINISTRATION

9 (INCLUDING TRANSFERS OF FUNDS)

10 SEC. 101. Notwithstanding any other provision of 

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

12 Federal Aviation Administration (FAA) instrument land13 ing systems (along with associated approach lighting 

14 equipment and runway visual range equipment) which 

15 conform to FAA design and performance specifications, 

16 the purchase of which was assisted by a Federal airport17 aid program, airport development aid program or airport 

18 improvement program grant: Provided, That, the Federal 

19 Aviation Administration shall accept such equipment, 

20 which shall thereafter be operated and maintained by FAA 

21 in accordance with agency criteria. 

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

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

24 the federally funded research and development center con25 tract between the Federal Aviation Administration and the 
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1 Center for Advanced Aviation Systems Development dur2 ing fiscal year 2005. 

3 SEC. 103. None of the funds in this Act shall be used 

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

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

8 buildings for services relating to air traffic control, air 

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

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

13 grant assurances that require airport sponsors to provide 

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

16 SEC. 104. For an airport project that the Adminis17 trator of the Federal Aviation Administration (FAA) de18 termines will add critical airport capacity to the national 

19 air transportation system, the Administrator is authorized 

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

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

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

3 SEC. 105. Title 49, United States Code, is amended: 

4 (1) In section 44302(f) by striking ‘‘August 31, 

5 2004 and may extend through December 31, 2004,’’ 

6 and inserting in lieu thereof ‘‘December 31, 2005’’. 

7 (2) In section 44302(g)(1) by striking ‘‘may 

8 provide’’ and inserting in lieu thereof ‘‘shall make 

9 available’’. 

10 (3) In section 44303(b) by— 

11 (A) striking ‘‘December 31, 2004’’ and in12 serting in lieu thereof ‘‘December 31, 2005’’; 

13 and 

14 (B) striking the phrase ‘‘may extend’’ in 

15 the last sentence of the subsection and inserting 

16 in lieu thereof ‘‘shall extend’’. 

17 FEDERAL HIGHWAY ADMINISTRATION

18 LIMITATION ON ADMINISTRATIVE EXPENSES

19 Necessary expenses for administration and operation 

20 of the Federal Highway Administration, not to exceed 

21 $349,594,000, shall be paid in accordance with law from 

22 appropriations made available by this Act to the Federal 

23 Highway Administration together with advances and reim24 bursements received by the Federal Highway Administra25 tion. 
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1 FEDERAL-AID HIGHWAYS

2 (LIMITATION ON OBLIGATIONS)

3 (HIGHWAY TRUST FUND)

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

5 the implementation or execution of programs, the obliga6 tions for which are in excess of $34,900,000,000 for Fed7 eral-aid highways and highway safety construction pro8 grams for fiscal year 2005: Provided, That within the 

9 $34,900,000,000 obligation limitation on Federal-aid 

10 highways and highway safety construction programs, not 

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

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

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

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

17 2005: Provided further, That this limitation on transpor18 tation research programs shall not apply to any authority 

19 previously made available for obligation. 

20 FEDERAL-AID HIGHWAYS

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (HIGHWAY TRUST FUND)

23 Notwithstanding any other provision of law, for car24 rying out the provisions of title 23, United States Code, 

25 that are attributable to Federal-aid highways, including 

26 the National Scenic and Recreational Highway as author-
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1 ized by 23 U.S.C. 148, not otherwise provided, including 

2 reimbursement for sums expended pursuant to the provi3 sions of 23 U.S.C. 308, $35,000,000,000 or so much 

4 thereof as may be available in and derived from the High5 way Trust Fund, to remain available until expended. 

6 FEDERAL-AID HIGHWAYS

7 HIGHWAY TRUST FUND

8 (RESCISSION)

9 Of the unobligated balances of funds apportioned to 

10 each State under the programs authorized under sections 

11 1101(a)(1), 1101(a)(2), 1101(a)(3), 1101(a)(4), and 

12 1101(a)(5) of Public Law 105–178, as amended, 

13 $300,000,000 are rescinded. 

14 APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

15 For necessary expenses for the Appalachian Develop16 ment Highway System as authorized under section 

17 1069(y) of Public Law 102–240, as amended, 

18 $100,000,000, to remain available until expended. 

19 GENERAL PROVISIONS—FEDERAL HIGHWAY

20 ADMINISTRATION

21 SEC. 110. (a) For fiscal year 2005, the Secretary of 

22 Transportation shall— 

23 (1) not distribute from the obligation limitation 

24 for Federal-aid highways amounts authorized for ad25 ministrative expenses and programs funded from the 

26 administrative takedown authorized by section 
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1 104(a)(1)(A) of title 23, United States Code, for the 

2 highway use tax evasion program, for the Bureau of 

3 Transportation Statistics, and for the programs, 

4 projects, and activities for which funds are made 

5 available under section 112 of this Act; 

6 (2) not distribute an amount from the obliga7 tion limitation for Federal-aid highways that is equal 

8 to the unobligated balance of amounts made avail9 able from the Highway Trust Fund (other than the 

10 Mass Transit Account) for Federal-aid highways and 

11 highway safety programs for the prior fiscal years 

12 the funds for which are allocated by the Secretary; 

13 (3) determine the ratio that— 

14 (A) the obligation limitation for Federal15 aid highways less the aggregate of amounts not 

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

17 to 

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

19 appropriated for Federal-aid highways and 

20 highway safety construction programs (other 

21 than sums authorized to be appropriated for 

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

23 of subsection (b) and sums authorized to be ap24 propriated for section 105 of title 23, United 

25 States Code, equal to the amount referred to in 
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1 subsection (b)(8)) for such fiscal year less the 

2 aggregate of the amounts not distributed under 

3 paragraph (1) of this subsection; 

4 (4) distribute the obligation limitation for Fed5 eral-aid highways less the aggregate amounts not 

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

7 201 of the Appalachian Regional Development Act 

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

9 under section 105 of title 23, United States Code 

10 (relating to minimum guarantee) so that the amount 

11 of obligation authority available for each of such sec12 tions is equal to the amount determined by multi13 plying the ratio determined under paragraph (3) by 

14 the sums authorized to be appropriated for such sec15 tion (except in the case of section 105, 

16 $2,000,000,000) for such fiscal year; 

17 (5) distribute the obligation limitation provided 

18 for Federal-aid highways less the aggregate amounts 

19 not distributed under paragraphs (1) and (2) and 

20 amounts distributed under paragraph (4) for each of 

21 the programs that are allocated by the Secretary 

22 under title 23, United States Code (other than ac23 tivities to which paragraph (1) applies and programs 

24 to which paragraph (4) applies) by multiplying the 

25 ratio determined under paragraph (3) by the sums 
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1 authorized to be appropriated for such program for 

2 such fiscal year; and 

3 (6) distribute the obligation limitation provided 

4 for Federal-aid highways less the aggregate amounts 

5 not distributed under paragraphs (1) and (2) and 

6 amounts distributed under paragraphs (4) and (5) 

7 for Federal-aid highways and highway safety con8 struction programs (other than the minimum guar9 antee program, but only to the extent that amounts 

10 apportioned for the minimum guarantee program for 

11 such fiscal year exceed $2,639,000,000, and the Ap12 palachian development highway system program) 

13 that are apportioned by the Secretary under title 23, 

14 United States Code, in the ratio that— 

15 (A) sums authorized to be appropriated for 

16 such programs that are apportioned to each 

17 State for such fiscal year, bear to 

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

19 appropriated for such programs that are appor20 tioned to all States for such fiscal year. 

21 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

22 The obligation limitation for Federal-aid highways shall 

23 not apply to obligations: (1) under section 125 of title 23, 

24 United States Code; (2) under section 147 of the Surface 

25 Transportation Assistance Act of 1978; (3) under section 
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1 9 of the Federal-Aid Highway Act of 1981; (4) under sec2 tions 131(b) and 131(j) of the Surface Transportation As3 sistance Act of 1982; (5) under sections 149(b) and 

4 149(c) of the Surface Transportation and Uniform Relo5 cation Assistance Act of 1987; (6) under sections 1103 

6 through 1108 of the Intermodal Surface Transportation 

7 Efficiency Act of 1991; (7) under section 157 of title 23, 

8 United States Code, as in effect on the day before the date 

9 of the enactment of the Transportation Equity Act for the 

10 21st Century; (8) under section 105 of title 23, United 

11 States Code (but, only in an amount equal to 

12 $639,000,000 for such fiscal year); and for Federal-aid 

13 highway programs for which obligation authority was 

14 made available under the Transportation Equity Act for 

15 the 21st Century or subsequent public laws for multiple 

16 years or to remain available until used, but only to the 

17 extent that such obligation authority has not lapsed or 

18 been used. 

19 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU20 THORITY.—Notwithstanding subsection (a), the Secretary 

21 shall after August 1 for such fiscal year revise a distribu22 tion of the obligation limitation made available under sub23 section (a) if a State will not obligate the amount distrib24 uted during that fiscal year and redistribute sufficient 

25 amounts to those States able to obligate amounts in addi-
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1 tion to those previously distributed during that fiscal year 

2 giving priority to those States having large unobligated 

3 balances of funds apportioned under sections 104 and 144 

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

5 on the day before the enactment of the Transportation Eq6 uity Act for the 21st Century) of title 23, United States 

7 Code, and under section 1015 of the Intermodal Surface 

8 Transportation Efficiency Act of 1991. 

9 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

10 TRANSPORTATION RESEARCH PROGRAMS.—The obliga11 tion limitation shall apply to transportation research pro12 grams carried out under chapter 5 of title 23, United 

13 States Code, except that obligation authority made avail14 able for such programs under such limitation shall remain 

15 available for a period of 3 fiscal years. 

16 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

17 FUNDS.—Not later than 30 days after the date of the dis18 tribution of obligation limitation under subsection (a), the 

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

20 are authorized to be appropriated for such fiscal year for 

21 Federal-aid highways programs (other than the program 

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

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

24 United States Code, and highway-related programs under 

25 chapter 4 of title 23, United States Code; and (2) that 
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1 the Secretary determines will not be allocated to the 

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

3 fiscal year due to the imposition of any obligation limita4 tion for such fiscal year. Such distribution to the States 

5 shall be made in the same ratio as the distribution of obli6 gation authority under subsection (a)(6). The funds so 

7 distributed shall be available for any purposes described 

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

9 (f) SPECIAL RULE.—Obligation limitation distributed 

10 for a fiscal year under subsection (a)(4) of this section 

11 for a section set forth in subsection (a)(4) shall remain 

12 available until used and shall be in addition to the amount 

13 of any limitation imposed on obligations for Federal-aid 

14 highway and highway safety construction programs for fu15 ture fiscal years. 

16 SEC. 111. Notwithstanding 31 U.S.C. 3302, funds re17 ceived by the Bureau of Transportation Statistics from the 

18 sale of data products, for necessary expenses incurred pur19 suant to 49 U.S.C. 111 may be credited to the Federal20 aid highways account for the purpose of reimbursing the 

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

22 be subject to the obligation limitation for Federal-aid 

23 highways and highway safety construction. 

24 SEC. 112. Notwithstanding any other provision of 

25 law, whenever an allocation is made of the sums author-
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1 ized to be appropriated for expenditure on the Federal 

2 lands highway program, and whenever an apportionment 

3 is made of the sums authorized to be appropriated for the 

4 surface transportation program, the congestion mitigation 

5 and air quality improvement program, the National High6 way System, the Interstate maintenance program, the 

7 bridge program, the Appalachian development highway 

8 system, and the minimum guarantee program, the Sec9 retary of Transportation shall deduct a sum in such 

10 amount not to exceed .8 percent of all sums so authorized: 

11 Provided, That of the amount so deducted in accordance 

12 with this section $15,000,000 shall be made available to 

13 provide grants to States for the development or enhance14 ment of notification or communication systems along high15 ways for alerts and other information for the recovery of 

16 abducted children under section 303 of Public Law 108– 

17 21; $50,000,000 shall be made available to make grants 

18 to support planning, highway corridor development, and 

19 highway construction projects in the area that comprise 

20 the Delta Regional Authority; and $5,000,000 shall be 

21 made available for environmental streamlining activities, 

22 which may include making grants to, or entering into con23 tracts, cooperative agreements, and other transactions 

24 with a Federal agency, State agency, local agency, author25 ity, association, nonprofit or for-profit corporation, or in-
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1 stitution of higher education: Provided further, That the 

2 Federal share payable on account of any program, project, 

3 or activity carried out with funds made available under 

4 this section shall be 100 percent: Provided further, That 

5 the sum deducted in accordance with this section shall re6 main available until expended: Provided further, That all 

7 funds made available under this section shall be subject 

8 to any limitation on obligations for Federal-aid highways 

9 and highway safety construction programs set forth in this 

10 Act or any other Act: Provided further, That the obligation 

11 limitation made available for the programs, projects, and 

12 activities for which funds are made available under this 

13 section shall remain available until used and shall be in 

14 addition to the amount of any limitation imposed on obli15 gations for Federal-aid highway and highway safety con16 struction programs for future fiscal years. 

17 SEC. 113. Of the funds made available under section 

18 188(a)(1) of title 23, United States Code, $100,000,000 

19 are rescinded. 

20 SEC. 114. Division F, title I, section 115 of Public 

21 Law 108–199 is amended by inserting before the period 

22 at the end the following: ‘‘: Provided further, That notwith23 standing any other provision of law and the preceding 

24 clauses of this provision, the Secretary of Transportation 

25 may use amounts made available by this section to make 
25 

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1 grants for any surface transportation project otherwise eli2 gible for funding under title 23 or title 49, United States 

3 Code’’. 

4 SEC. 115. For the purposes of 23 U.S.C. 181(19)(D) 

5 the project described in section 626 of Division B, title 

6 VI of Public Law 108–7 is eligible as a publicly owned 

7 intermodal surface freight transfer facility. 

8 SEC. 116. Notwithstanding any other provision of 

9 law, the Department of Transportation shall complete ap10 proval of the proposed surety substitution for one-half of 

11 the bond debt service reserve amount for the RETRAC 

12 project within 30 days after receiving from RETRAC a 

13 binding commitment from a qualified provider to deliver 

14 a surety at an acceptable price. Such bond debt service 

15 funds so released shall be deposited into the RETRAC 

16 project contingency fund for payment of RETRAC project 

17 costs in the event current project cost projections are ex18 ceeded. 

19 SEC. 117. Of the funds provided for under ‘‘Trans20 portation and Community and System Preservation Pro21 gram’’ in Public Law 106–69 and Public Law 106–346 

22 for the project known as ‘‘Utah-Colorado ‘Isolated Em23 pire’ Rail Connector Study’’ as referenced in House Re24 port 106–355 and House Report 106–940, any remaining 

25 unobligated balance as of October 1, 2004, shall be made 
26 

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1 available to the Central Utah Rail Line (Sigurd/Salina to 

2 Levan) Project. 

3 SEC. 118. DESIGNATION OF MIKE O’CALLAGHAN4 PAT TILLMAN MEMORIAL BRIDGE. (a) IN GENERAL.— 

5 The Hoover Dam Bypass Bridge in the Lake Mead Na6 tional Recreation Area between Nevada and Arizona is 

7 designated as the ‘‘Mike O’Callaghan-Pat Tillman Memo8 rial Bridge’’. 

9 (b) REFERENCES IN LAW.—Any reference in a law 

10 (including regulations), map, document, paper, or other 

11 record of the United States to the bridge described in sub12 section (a) shall be considered to be a reference to the 

13 Mike O’Callaghan-Pat Tillman Memorial Bridge. 

14 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

15 MOTOR CARRIER SAFETY

16 LIMITATION ON ADMINISTRATIVE EXPENSES

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (HIGHWAY TRUST FUND)

19 Notwithstanding any other provision of law, none of 

20 the funds in this Act shall be available for expenses for 

21 administration of motor carrier safety programs, motor 

22 carrier safety research, and grants, the obligations for 

23 which are in excess of $260,000,000 for fiscal year 2005, 

24 of which $10,791,000, to remain available until September 

25 30, 2008, shall be for the research and technology pro26 gram: Provided, That $33,000,000 shall be available to 
27 

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1 make grants to, or enter into contracts with, States, local 

2 governments, or other persons for carrying out border 

3 commercial motor vehicle safety programs and enforce4 ment activities and projects for the purposes described in 

5 49 U.S.C. 31104(f)(2)(B), and the Federal share payable 

6 under such grants shall be 100 percent; $28,711,000 shall 

7 be available for grants to States for implementation of sec8 tion 210 of the Motor Carrier Safety Improvement Act 

9 of 1999 (113 Stat. 1764–1765), and the Federal share 

10 payable under such grants shall be 100 percent; 

11 $3,000,000 shall be available to make grants to, or enter 

12 into contracts with, States, local governments, or other 

13 persons for commercial driver’s license program improve14 ments, and the Federal share payable under such grants 

15 shall be 100 percent: Provided further, That notwith16 standing any other provision of law, for payment of obliga17 tions incurred to pay administrative expenses of and 

18 grants by the Federal Motor Carrier Safety Administra19 tion, $260,000,000, to be derived from the Highway Trust 

20 Fund, together with advances and reimbursements re21 ceived by the Federal Motor Carrier Safety Administra22 tion, the sum of which shall remain available until ex23 pended. 
28 

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1 NATIONAL MOTOR CARRIER SAFETY PROGRAM

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

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

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

8 from the Highway Trust Fund and to remain available 

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

10 Act shall be available for the implementation or execution 

11 of programs the obligations for which are in excess of 

12 $190,000,000 for ‘‘Motor Carrier Safety Grants’’ and ‘‘In13 formation Systems’’, and of which $18,000,000 shall be 

14 available for grants to States, local governments, or other 

15 entities for commercial driver’s license program improve16 ments: Provided further, That for grants made to States 

17 for implementation of section 210 of the Motor Carrier 

18 Safety Improvement Act of 1999 (113 Stat. 1764–1765), 

19 and for grants to States, local governments, or other enti20 ties for commercial driver’s license program improve21 ments, the Federal share payable under such grants shall 

22 be 100 percent. 

23 GENERAL PROVISIONS—FEDERAL MOTOR CARRIER

24 SAFETY ADMINISTRATION

25 SEC. 130. Funds appropriated or limited in this Act 

26 shall be subject to the terms and conditions stipulated in 
29 

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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 SEC. 131. None of the funds appropriated or other7 wise made available by this Act may be used to implement 

8 or enforce any provisions of the Final Rule, issued on 

9 April 16, 2003 (Docket No. FMCSA–97–2350), with re10 spect to either of the following: 

11 (1) The operators of utility service vehicles, as 

12 that term is defined in section 395.2 of title 49, 

13 Code of Federal Regulations. 

14 (2) Maximum daily hours of service for drivers 

15 engaged in the transportation of property or pas16 sengers to or from a motion picture or television 

17 production site located within a 100-air mile radius 

18 of the work reporting location of such drivers. 

19 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

20 OPERATIONS AND RESEARCH

21 (HIGHWAY TRUST FUND)

22 For expenses necessary to discharge the functions of 

23 the Secretary, with respect to traffic and highway safety 

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

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

26 $152,300,000, to be derived from the sum authorized to 
30 

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1 be deducted under section 112 of this Act and transferred 

2 to the National Highway Traffic Safety Administration, 

3 to remain available until expended: Provided, That such 

4 funds shall be transferred to and administered by the Na5 tional Highway Traffic Safety Administration: Provided 

6 further, That none of the funds appropriated by this Act 

7 may be obligated or expended to plan, finalize, or imple8 ment any rulemaking to add to section 575.104 of title 

9 49 of the Code of Federal Regulations any requirement 

10 pertaining to a grading standard that is different from 

11 the three grading standards (treadwear, traction, and tem12 perature resistance) already in effect: Provided further, 

13 That all funds made available under this heading shall be 

14 subject to any limitation on obligations for Federal-aid 

15 highways and highway safety construction programs set 

16 forth in this Act or any other Act: Provided further, That 

17 the obligation limitation made available for the programs, 

18 projects, and activities for which funds are made available 

19 under this heading shall remain available until used and 

20 shall be in addition to the amount of any limitation im21 posed on obligations for Federal-aid highway and highway 

22 safety construction programs for future fiscal years. 
31 

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1 OPERATIONS AND RESEARCH

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 Notwithstanding any other provision of law, for pay6 ment of obligations incurred in carrying out the provisions 

7 of 23 U.S.C. 403, to remain available until expended, 

8 $72,000,000, to be derived from the Highway Trust Fund: 

9 Provided, That none of the funds in this Act shall be avail10 able for the planning or execution of programs the total 

11 obligations for which, in fiscal year 2005, are in excess 

12 of $72,000,000 for programs authorized under 23 U.S.C. 

13 403. 

14 NATIONAL DRIVER REGISTER

15 (LIQUIDATION OF CONTRACT AUTHORIZATION)

16 (LIMITATION ON OBLIGATIONS)

17 (HIGHWAY TRUST FUND)

18 For payment of obligations incurred in carrying out 

19 chapter 303 of title 49, United States Code, $4,000,000, 

20 to be derived from the Highway Trust Fund: Provided, 

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

22 the implementation or execution of programs the obliga23 tions for which are in excess of $4,000,000 for the Na24 tional Driver Register authorized under chapter 303 of 

25 title 49, United States Code. 
32 

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1 HIGHWAY TRAFFIC SAFETY GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 Notwithstanding any other provision of law, for pay6 ment of obligations incurred in carrying out the provisions 

7 of 23 U.S.C. 402, 405, and 410, to remain available until 

8 expended, $225,000,000, to be derived from the Highway 

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

10 shall be available for the planning or execution of pro11 grams the total obligations for which, in fiscal year 2005, 

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

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

14 $165,000,000 shall be for ‘‘Highway Safety Programs’’ 

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

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

17 $40,000,000 shall be for ‘‘Alcohol-Impaired Driving Coun18 termeasures Grants’’ under 23 U.S.C. 410: Provided fur19 ther, That none of these funds shall be used for construc20 tion, rehabilitation, or remodeling costs, or for office fur21 nishings and fixtures for State, local, or private buildings 

22 or structures: Provided further, That not to exceed 

23 $8,250,000 of the funds made available for section 402, 

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

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

26 made available for section 410 shall be available to 
33 

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1 NHTSA for administering highway safety grants under 

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

3 That not to exceed $2,880,000 of the funds subject to allo4 cation under section 157 of title 23, United States Code, 

5 and not to exceed $2,880,000 of the funds subject to ap6 portionment under section 163 of that title, shall be avail7 able to the National Highway Traffic Safety Administra8 tion for administering highway safety grants under those 

9 sections: Provided further, That not to exceed $500,000 

10 of the funds made available for section 410 ‘‘Alcohol-Im11 paired Driving Countermeasures Grants’’ shall be avail12 able for technical assistance to the States. 

13 GENERAL PROVISIONS—NATIONAL HIGHWAY TRAFFIC

14 SAFETY ADMINISTRATION

15 SEC. 140. Notwithstanding any other provision of 

16 law, States may use funds provided in this Act under sec17 tion 402 of title 23, United States Code, to produce and 

18 place highway safety public service messages in television, 

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

20 accordance with guidance issued by the Secretary of 

21 Transportation: Provided, That any State that uses funds 

22 for such public service messages shall submit to the Sec23 retary a report describing and assessing the effectiveness 

24 of the messages: Provided further, That $10,000,000 of 

25 the funds allocated under section 157 of title 23, United 

26 States Code, shall be used as directed by the National 
34 

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1 Highway Traffic Safety Administrator to purchase na2 tional paid advertising (including production and place3 ment) to support national safety belt mobilizations: Pro4 vided further, That, of the funds allocated under section 

5 163 of title 23, United States Code, $6,000,000 shall be 

6 used as directed by the Administrator to support national 

7 impaired driving mobilizations and enforcement efforts, 

8 $14,000,000 shall be used as directed by the Adminis9 trator to purchase national paid advertising (including 

10 production and placement) to support such national im11 paired driving mobilizations and enforcement efforts. 

12 SEC. 141. Notwithstanding any other provision of 

13 law, funds appropriated or limited in the Act to educate 

14 the motoring public on how to share the road safely with 

15 commercial motor vehicles shall be administered by the 

16 National Highway Traffic Safety Administration and shall 

17 not be used by or made available to any other Federal 

18 agency. 

19 SEC. 142. Notwithstanding any other provision of 

20 law, for fiscal year 2005 the Secretary of Transportation 

21 is authorized to use amounts made available to carry out 

22 section 157 of title 23, United States Code, to make inno23 vative project allocations, not to exceed the prior year’s 

24 amounts for such allocations, before making incentive 

25 grants for use of seat belts. 
35 

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1 FEDERAL RAILROAD ADMINISTRATION

2 SAFETY AND OPERATIONS

3 For necessary expenses of the Federal Railroad Ad4 ministration, not otherwise provided for, $139,849,000, of 

5 which $15,350,000 shall remain available until expended. 

6 RAILROAD RESEARCH AND DEVELOPMENT

7 For necessary expenses for railroad research and de8 velopment, $35,225,000, to remain available until ex9 pended. 

10 RAILROAD REHABILITATION AND IMPROVEMENT

11 PROGRAM

12 The Secretary of Transportation is authorized to 

13 issue to the Secretary of the Treasury notes or other obli14 gations pursuant to section 512 of the Railroad Revitaliza15 tion and Regulatory Reform Act of 1976 (Public Law 94– 

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

17 may be necessary to pay any amounts required pursuant 

18 to the guarantee of the principal amount of obligations 

19 under sections 511 through 513 of such Act, such author20 ity to exist as long as any such guaranteed obligation is 

21 outstanding: Provided, That pursuant to section 502 of 

22 such Act, as amended, no new direct loans or loan guar23 antee commitments shall be made using Federal funds for 

24 the credit risk premium during fiscal year 2005. 
36 

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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, $20,000,000, to remain available until 

5 expended. 

6 ALASKA RAILROAD REHABILITATION

7 To enable the Secretary of Transportation to make 

8 grants to the Alaska Railroad, $25,000,000, for capital 

9 rehabilitation and improvements benefiting its passenger 

10 operations, to remain available until expended. 

11 GRANTS TO THE NATIONAL RAILROAD PASSENGER

12 CORPORATION

13 To enable the Secretary of Transportation to make 

14 quarterly grants to the National Railroad Passenger Cor15 poration, $1,217,000,000, to remain available until Sep16 tember 30, 2005: Provided, That the Secretary of Trans17 portation shall approve funding to cover operating losses 

18 and capital expenditures, including advance purchase or19 ders, for the National Railroad Passenger Corporation 

20 only after receiving and reviewing a grant request for each 

21 specific train route: Provided further, That each such 

22 grant request shall be accompanied by a detailed financial 

23 analysis, revenue projection, and capital expenditure pro24 jection justifying the Federal support to the Secretary’s 

25 satisfaction: Provided further, That the Secretary of 

26 Transportation shall reserve $60,000,000 of the funds 
37 

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1 provided under this heading and is authorized to transfer 

2 such sums to the Surface Transportation Board, upon re3 quest from said Board, to carry out directed service orders 

4 issued pursuant to section 11123 of title 49, United States 

5 Code to respond to the cessation of commuter rail oper6 ations by the National Railroad Passenger Corporation: 

7 Provided further, That the Secretary of Transportation 

8 shall make the reserved funds available to the National 

9 Railroad Passenger Corporation through an appropriate 

10 grant instrument during the fourth quarter of fiscal year 

11 2005 to the extent that no directed service orders have 

12 been issued by the Surface Transportation Board as of 

13 the date of transfer or there is a balance of reserved funds 

14 not needed by the Board to pay for any directed service 

15 order issued through September 30, 2005: Provided fur16 ther, That not later than 60 days after enactment of this 

17 Act, Amtrak shall transmit, in electronic format, to the 

18 Secretary of Transportation, the House and Senate Com19 mittees on Appropriations, the House Committee on 

20 Transportation and Infrastructure and the Senate Com21 mittee on Commerce, Science, and Transportation a com22 prehensive business plan approved by the Board of Direc23 tors for fiscal year 2005 under section 24104(a) of title 

24 49, United States Code: Provided further, That the busi25 ness plan shall include, as applicable, targets for ridership, 
38 

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1 revenues, and capital and operating expenses: Provided 

2 further, That the plan shall also include a separate ac3 counting of such targets for the Northeast Corridor; com4 muter service; long-distance Amtrak service; state-sup5 ported service; each intercity train route; including Auto6 train; and commercial activities including contract oper7 ations and mail and express: Provided further, That the 

8 business plan shall include a description of the work to 

9 be funded, along with cost estimates and an estimated 

10 timetable for completion of the projects covered by this 

11 business plan: Provided further, That not later than Octo12 ber 1, 2004 and no later than 30 days following the last 

13 business day of the previous month thereafter, Amtrak 

14 shall submit to the Secretary of Transportation and the 

15 House and Senate Committees on Appropriations a sup16 plemental report, in electronic format, regarding the pend17 ing business plan, which shall describe the work completed 

18 to date, any changes to the business plan, and the reasons 

19 for such changes: Provided further, That none of the funds 

20 in this Act may be used for operating expenses, including 

21 advance purchase orders, and capital projects not ap22 proved by the Secretary of Transportation nor on the Na23 tional Railroad Passenger Corporation’s fiscal year 2005 

24 business plan: Provided further, That Amtrak shall display 

25 the business plan and all subsequent supplemental plans 
39 

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1 on the Corporation’s website within a reasonable time2 frame following their submission to the appropriate enti3 ties: Provided further, That none of the funds under this 

4 heading may be obligated or expended until the National 

5 Railroad Passenger Corporation agrees to continue abid6 ing by the provisions of paragraphs 1, 2, 3, 5, 9, and 11 

7 of the summary of conditions for the direct loan agree8 ment of June 28, 2002, in the same manner as in effect 

9 on the date of enactment of this Act. 

10 GENERAL PROVISIONS—FEDERAL RAILROAD

11 ADMINISTRATION

12 SEC. 150. For the purpose of assisting State-sup13 ported intercity rail service, in order to demonstrate 

14 whether competition will provide higher quality rail pas15 senger service at reasonable prices, the Secretary of 

16 Transportation, working with affected States, shall de17 velop and implement a procedure for fair competitive bid18 ding by Amtrak and non-Amtrak operators for State-sup19 ported routes: Provided, That in the event a State desires 

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

21 the State may make an agreement with Amtrak to use 

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

23 Amtrak under terms agreed to by the State and Amtrak 

24 to enable the non-Amtrak operator to provide the State25 supported service: Provided further, That if the parties 

26 cannot agree on terms, the Secretary shall, as a condition 
40 

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

2 and equipment be made available and the services be pro3 vided by Amtrak under reasonable terms and compensa4 tion: Provided further, That when prescribing reasonable 

5 compensation to Amtrak, the Secretary shall consider 

6 quality of service as a major factor when determining 

7 whether, and the extent to which, the amount of com8 pensation shall be greater than the incremental costs of 

9 using the facilities and providing the services: Provided 

10 further, That the Secretary may reprogram up to 

11 $2,500,000 from the Amtrak operating grant funds for 

12 costs associated with the implementation of the fair bid 

13 procedure and demonstration of competition under this 

14 section. 

15 SEC. 151. Public Law 97–468 is amended— 

16 (1) in section 608(a)(5) by striking ‘‘Revenues’’ 

17 and inserting in lieu thereof ‘‘Any amount appro18 priated or otherwise made available to the State19 owned railroad and any earnings or revenues’’ and 

20 by striking ‘‘purposes’’ and inserting in lieu thereof 

21 ‘‘purposes as determined by the State-owned rail22 road’’, and 

23 (2) by adding a new section as follows: ‘‘Not24 withstanding any other provision of law, the Alaska 

25 Railroad may take any action necessary to preserve, 
41 

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1 protect or otherwise modify its railroad tracks and 

2 right of way including establishing fire breaks. Any 

3 activity that occurred prior to the transfer of the 

4 Alaska Railroad from the Federal Railroad Adminis5 tration to the State of Alaska shall remain the liabil6 ity of the Federal Railroad Administration.’’. 

7 SEC. 152. Notwithstanding any other provision of 

8 law, from funds made available to the Federal Railroad 

9 Administration under the heading ‘‘Next Generation 

10 High-Speed Rail’’ in the Consolidated Appropriations Act 

11 of 2004 (Public Law 108–199), the Secretary of Trans12 portation may award a grant in the amount of $400,000 

13 to the Illinois Department of Transportation for KBS 

14 Railroad track and grade crossing improvements in Kan15 kakee County and Northeastern Illinois. 

16 FEDERAL TRANSIT ADMINISTRATION

17 ADMINISTRATIVE EXPENSES

18 For necessary administrative expenses of the Federal 

19 Transit Administration’s programs authorized by chapter 

20 53 of title 49, United States Code, $9,984,000: Provided, 

21 That no more than $78,000,000 of budget authority shall 

22 be available for these purposes: Provided further, That of 

23 the funds available not to exceed $900,000 shall be avail24 able for the Office of the Administrator; not to exceed 

25 $6,725,000 shall be available for the Office of Administra-
42 

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1 tion; not to exceed $4,050,000 shall be available for the 

2 Office of the Chief Counsel; not to exceed $1,210,000 shall 

3 be available for the Office of Communication and Congres4 sional Affairs; not to exceed $7,120,000 shall be available 

5 for the Office of Program Management; not to exceed 

6 $6,700,000 shall be available for the Office of Budget and 

7 Policy; not to exceed $4,830,000 shall be available for the 

8 Office of Demonstration and Innovation; not to exceed 

9 $2,750,000 shall be available for the Office of Civil Rights; 

10 not to exceed $4,000,000 shall be available for the Office 

11 of Planning; not to exceed $19,200,000 shall be available 

12 for regional offices; and not to exceed $18,015,000 shall 

13 be available for the central account: Provided further, That 

14 the Administrator is authorized to transfer funds appro15 priated for an office of the Federal Transit Administra16 tion: Provided further, That no appropriation for an office 

17 shall be increased or decreased by more than 3 percent 

18 by all such transfers: Provided further, That any change 

19 in funding greater than 3 percent shall be submitted for 

20 approval to the House and Senate Committees on Appro21 priations: Provided further, That of the funds in this Act 

22 available for the execution of contracts under section 

23 5327(c) of title 49, United States Code, $2,000,000 shall 

24 be reimbursed to the Department of Transportation’s Of25 fice of Inspector General for costs associated with audits 
43 

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1 and investigations of transit-related issues, including re2 views of new fixed guideway systems: Provided further, 

3 That not less than $2,500,000 for the National transit 

4 database shall remain available until expended: Provided 

5 further, That upon submission to the Congress of the fiscal 

6 year 2005 President’s budget, the Secretary of Transpor7 tation shall transmit to Congress the annual report on new 

8 starts, proposed allocations of funds for fiscal year 2005: 

9 Provided further, That the amount herein appropriated 

10 shall be reduced by $100,000 per day for each day after 

11 initial submission of the President’s budget that the report 

12 has not been submitted to the Congress. 

13 FORMULA GRANTS

14 (INCLUDING TRANSFER OF FUNDS)

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

16 5308, 5310, 5311, 5327, and section 3038 of Public Law 

17 105–178, $512,918,000, to remain available until ex18 pended: Provided, That no more than $4,007,175,000 of 

19 budget authority shall be available for these purposes. 

20 UNIVERSITY TRANSPORTATION RESEARCH

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

22 $768,000,000, to remain available until expended: Pro23 vided, That no more than $6,000,000 of budget authority 

24 shall be available for these purposes. 
44 

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1 TRANSIT PLANNING AND RESEARCH

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

3 5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 

4 5322, $16,384,000, to remain available until expended: 

5 Provided, That no more than $128,000,000 of budget au6 thority shall be available for these purposes: Provided fur7 ther, That $5,250,000 is available to provide rural trans8 portation assistance (49 U.S.C. 5311(b)(2)), $4,000,000 

9 is available to carry out programs under the National 

10 Transit Institute (49 U.S.C. 5315), $8,250,000 is avail11 able to carry out transit cooperative research programs 

12 (49 U.S.C. 5313(a)), $60,385,600 is available for metro13 politan planning (49 U.S.C. 5303, 5304, and 5305), 

14 $12,614,400 is available for State planning (49 U.S.C. 

15 5313(b)); and $37,500,000 is available for the national 

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

17 TRUST FUND SHARE OF EXPENSES

18 (LIQUIDATION OF CONTRACT AUTHORIZATION)

19 (HIGHWAY TRUST FUND)

20 Notwithstanding any other provision of law, for pay21 ment of obligations incurred in carrying out 49 U.S.C. 

22 5303–5308, 5310–5315, 5317(b), 5322, 5327, 5334, 

23 5505, and sections 3037 and 3038 of Public Law 105– 

24 178, $6,764,976,000, to remain available until expended, 

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

26 Highway Trust Fund: Provided, That $3,494,257,000 
45 

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1 shall be paid to the Federal Transit Administration’s for2 mula grants account: Provided further, That $111,616,000 

3 shall be paid to the Federal Transit Administration’s tran4 sit planning and research account: Provided further, That 

5 $68,016,000 shall be paid to the Federal Transit Adminis6 tration’s administrative expenses account: Provided fur7 ther, That $5,232,000 shall be paid to the Federal Transit 

8 Administration’s university transportation research ac9 count: Provided further, That $109,000,000 shall be paid 

10 to the Federal Transit Administration’s job access and re11 verse commute grants program: Provided further, That 

12 $2,976,855,000 shall be paid to the Federal Transit Ad13 ministration’s capital investment grants account. 

14 CAPITAL INVESTMENT GRANTS

15 (INCLUDING TRANSFER OF FUNDS)

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

17 5309, 5318, and 5327, $436,970,000, to remain available 

18 until expended: Provided, That no more than 

19 $3,413,825,000 of budget authority shall be available for 

20 these purposes: Provided further, That there shall be avail21 able for fixed guideway modernization, $1,214,400,000; 

22 there shall be available for the replacement, rehabilitation, 

23 and purchase of buses and related equipment and the con24 struction of bus-related facilities, $725,000,000; and there 

25 shall be available for new fixed guideway systems, 
46 

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1 $1,474,425,000 to carry out section 3037 of Public Law 

2 105–178, as amended. 

3 JOB ACCESS AND REVERSE COMMUTE GRANTS

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses to carry out section 3037 of 

6 the Federal Transit Act of 1998, $16,000,000, to remain 

7 available until expended: Provided, That no more than 

8 $125,000,000 of budget authority shall be available for 

9 these purposes: Provided further, That up to $300,000 of 

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

11 Federal Transit Administration for technical assistance 

12 and support and performance reviews of the Job Access 

13 and Reverse Commute Grants program. 

14 GENERAL PROVISIONS—FEDERAL TRANSIT

15 ADMINISTRATION

16 SEC. 160. The limitations on obligations for the pro17 grams of the Federal Transit Administration shall not 

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

19 made available for obligation, or to any other authority 

20 previously made available for obligation. 

21 SEC. 161. Notwithstanding any other provision of 

22 law, and except for fixed guideway modernization projects, 

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

24 Administration, Capital investment grants’’ for projects 

25 specified in this Act or identified in reports accompanying 

26 this Act not obligated by September 30, 2007, and other 
47 

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1 recoveries, shall be made available for other projects under 

2 49 U.S.C. 5309. 

3 SEC. 162. Notwithstanding any other provision of 

4 law, any funds appropriated before October 1, 2004, under 

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

6 that remain available for expenditure may be transferred 

7 to and administered under the most recent appropriation 

8 heading for any such section. 

9 SEC. 163. Funds made available for Alaska or Hawaii 

10 ferry boats or ferry terminal facilities pursuant to 49 

11 U.S.C. 5309(m)(2)(B) may be used to construct new ves12 sels and facilities, or to improve existing vessels and facili13 ties, including both the passenger and vehicle-related ele14 ments of such vessels and facilities, and for repair facili15 ties: Provided, That not more than $3,000,000 of the 

16 funds made available pursuant to 49 U.S.C. 

17 5309(m)(2)(B) may be used by the State of Hawaii to 

18 initiate and operate a passenger ferryboat services dem19 onstration project to test the viability of different intra20 island and inter-island ferry boat routes and technology: 

21 Provided further, That notwithstanding 49 U.S.C. 

22 5302(a)(7), funds made available for Alaska or Hawaii 

23 ferry boats may be used to acquire passenger ferry boats 

24 and to provide passenger ferry transportation services 
48 

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1 within areas of the State of Hawaii under the control or 

2 use of the National Park Service. 

3 SEC. 164. Notwithstanding any other provision of 

4 law, unobligated funds made available for a new fixed 

5 guideway systems projects under the heading ‘‘Federal 

6 Transit Administration, Capital Investment Grants’’ in 

7 any appropriations act prior to this Act may be used dur8 ing this fiscal year to satisfy expenses incurred for such 

9 projects. 

10 SEC. 165. The Secretary shall continue the pilot pro11 gram authorized under section 166 of the Consolidated 

12 Appropriations Act, 2004, Public Law 108–199, 118 

13 STAT. 309, for cooperative procurement of major capital 

14 equipment under sections 5307, 5309, and 5311. The pro15 gram shall be administered as required under subsections 

16 (b) through (g) of section 166, except that there shall be 

17 five pilot projects: Provided, That the Secretary shall 

18 evaluate all proposals based on selection criteria set forth 

19 in the announcement of the program and request for pro20 posals (Federal Register Notice—Vol. 69, No. 120, Page 

21 35127, June 23, 2004). All proposed projects shall be 

22 evaluated and the proposing party shall receive notifica23 tion of acceptance or denial by no later than 15 days after 

24 the Secretary receives a request for review of a proposed 

25 project: Provided further, That not later than 30 days 
49 

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1 after delivery of the base order under each of the five pilot 

2 projects, the Secretary shall submit to the House and Sen3 ate Committees on Appropriations a report on the results 

4 of that pilot project. Each report shall evaluate any sav5 ings realized through the cooperative procurement and the 

6 benefits of incorporating cooperative procurement, as 

7 shown by that project, into the mass transit program as 

8 a whole. 

9 SEC. 166. Amounts made available under Chapter 53 

10 of title 49, United States Code and section 1108 of Public 

11 Law 102–240 to the Port Authority of Allegheny County 

12 for the Airport Busway/Wabash HOV Facility project that 

13 remain unexpended may be used by the Port Authority 

14 for the purchase of buses and bus-related equipment in 

15 accordance with 49 U.S.C. 5309. 

16 SEC. 167. Notwithstanding any other provision of 

17 law, any unobligated funds made available under the bus 

18 category of the Capital Investment Account in prior fiscal 

19 year Appropriations Act for the Greater New Haven Tran20 sit District Fuel Cell and Electric Bus project or CNG/ 

21 alternative fuel vehicle project shall be transferred to and 

22 administered under the Transit Planning and Research 

23 account, subject to such terms and conditions as the Sec24 retary deems appropriate. 
50 

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1 SEC. 168. Notwithstanding any other provision of 

2 law, any unobligated funds made available to the 

3 Matanuska Susitna Borough under ‘‘Federal Transit Ad4 ministration, Buses and Bus Facilities’’ shall be available 

5 for expenditure on ferry boat and ferry facilities and re6 lated expenses as part of the Port MacKenzie Intermodal 

7 Facility project. 

8 SEC. 169. Notwithstanding any other provision of 

9 law, $8,900,000 of the funds made available under the 

10 new fixed guideway systems category of the Capital In11 vestment Grants account in Public Law 107–87 for the 

12 ‘‘Honolulu, Hawaii, bus rapid transit project’’ shall be 

13 made available to the City and County of Honolulu for 

14 replacement, rehabilitation, and purchase of buses and re15 lated equipment and the construction of bus-related facili16 ties under 49 U.S.C. 5309 and shall remain available to 

17 the City and County of Honolulu for those purposes until 

18 expended: Provided, That any remaining unobligated bal19 ance from said project in Public Law 107–87 shall be 

20 transferred for any eligible activity under Title 23 of the 

21 United States Code, and administered under that Title, 

22 for use on improvements to the Kapolei Interchange Com23 plex and shall remain available until expended: Provided 

24 further, That funds made available in Public Law 108– 

25 10 for ‘‘Hawaii: BRT Systems, Appurtenances and Facili-
51 

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1 ties’’ shall be generally available for bus and bus facilities 

2 by the City and County of Honolulu. 

3 SEC. 170. Notwithstanding any other provision of 

4 law, the Navy may receive funds from the State of Hawaii 

5 for the procurement of passenger ferry boats to provide 

6 passenger ferry transportation services for the Arizona 

7 War Memorial. 

8 SEC. 171. The Federal Transit Administration is di9 rected to comply with Section 3042 of the Federal Transit 

10 Act of 1998 (Public Law 105–178, as amended; 112 Stat. 

11 338) and is further directed to comply with the associated 

12 Committee report language contained in House Report 

13 108–401, accompanying H.R. 2673, pages 997–998. 

14 SEC. 172. Notwithstanding any other provision of 

15 law, for the purpose of calculating the non-New Starts 

16 share of the total project cost of both phases of San Fran17 cisco Muni’s Third Street Light Rail Transit project for 

18 fiscal year 2005, the Secretary of Transportation shall in19 clude all non-New Starts contributions made towards 

20 Phase 1 of the two-phase project for engineering, final de21 sign and construction, and also shall allow non-New Starts 

22 funds expended on one element or phase of the project 

23 to be used to meet the non-New Starts share requirement 

24 of any element or phase of the project. 
52 

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1 SEC. 173. Funds made available for the Burlington2 Bennington, Vermont Commuter Rail project in Public 

3 Law 106–346, the Burlington-Middlebury, Vermont Com4 muter Rail project and Vermont Transportation Authority 

5 Rolling Stock in Public Law 108–7 that remain unobli6 gated, and funds made available for the Burlington-Essex, 

7 Vermont commuter rail project in Public Laws 105–277 

8 and 105–66 that remain unexpended shall be transferred 

9 to the Federal Railroad Administration and made avail10 able to upgrade and improve the publicly-owned Vermont 

11 Rail Infrastructure from Bennington to Burlington with 

12 a northern terminus in Essex Junction: Provided, That the 

13 Federal share shall be 80 percent of the total cost of the 

14 project and funds shall remain available until expended. 

15 SAINT LAWRENCE SEAWAY DEVELOPMENT

16 CORPORATION

17 The Saint Lawrence Seaway Development Corpora18 tion is hereby authorized to make such expenditures, with19 in the limits of funds and borrowing authority available 

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

21 such contracts and commitments without regard to fiscal 

22 year limitations as provided by section 104 of the Govern23 ment Corporation Control Act, as amended, as may be 

24 necessary in carrying out the programs set forth in the 

25 Corporation’s budget for the current fiscal year. 
53 

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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, $15,900,000, 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, $110,910,000, of which 

18 $23,753,000 shall remain available until September 30, 

19 2005, for salaries and benefits of employees of the United 

20 States Merchant Marine Academy; of which $13,138,000 

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

23 and of which $8,090,000 shall remain available until ex24 pended for the State Maritime Schools Schoolship Mainte25 nance and Repair. 
54 

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1 SHIP DISPOSAL

2 For necessary expenses related to the disposal of ob3 solete vessels in the National Defense Reserve Fleet of the 

4 Maritime Administration, $21,616,000, to remain avail5 able until expended. 

6 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

7 ACCOUNT

8 For administrative expenses to carry out the guaran9 teed loan program, not to exceed $4,764,000, which shall 

10 be transferred to and merged with the appropriation for 

11 Operations and Training. 

12 NATIONAL DEFENSE TANK VESSEL CONSTRUCTION

13 PROGRAM

14 For necessary expenses to carry out the program of 

15 financial assistance for the construction of new product 

16 tank vessels as authorized by section 53101 of title 46, 

17 United States Code, as amended, $150,000,000, to remain 

18 available until expended. 

19 SHIP CONSTRUCTION

20 (RESCISSION)

21 Of the unobligated balances available under this 

22 heading, $1,900,000 are rescinded. 

23 GENERAL PROVISIONS—MARITIME ADMINISTRATION

24 SEC. 180. Notwithstanding any other provision of 

25 this Act, the Maritime Administration is authorized to fur26 nish utilities and services and make necessary repairs in 
55 

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1 connection with any lease, contract, or occupancy involving 

2 Government property under control of the Maritime Ad3 ministration, and payments received therefore shall be 

4 credited to the appropriation charged with the cost there5 of: Provided, That rental payments under any such lease, 

6 contract, or occupancy for items other than such utilities, 

7 services, or repairs shall be covered into the Treasury as 

8 miscellaneous receipts. 

9 SEC. 181. No obligations shall be incurred during the 

10 current fiscal year from the construction fund established 

11 by the Merchant Marine Act, 1936, or otherwise, in excess 

12 of the appropriations and limitations contained in this Act 

13 or in any prior appropriation Act. 

14 RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

15 RESEARCH AND SPECIAL PROGRAMS

16 For expenses necessary to discharge the functions of 

17 the Research and Special Programs Administration, 

18 $49,000,000, of which $645,000 shall be derived from the 

19 Pipeline Safety Fund, and of which $2,884,000 shall re20 main available until September 30, 2007: Provided, That 

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

22 5108(g) shall be deposited in the general fund of the 

23 Treasury as offsetting receipts: Provided further, That 

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

25 until expended, funds received from States, counties, mu-
56 

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1 nicipalities, other public authorities, and private sources 

2 for expenses incurred for training, for reports publication 

3 and dissemination, and for travel expenses incurred in per4 formance of hazardous materials exemptions and approv5 als functions. 

6 PIPELINE SAFETY

7 (PIPELINE SAFETY FUND)

8 (OIL SPILL LIABILITY TRUST FUND)

9 For expenses necessary to conduct the functions of 

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

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

12 60107, and to discharge the pipeline program responsibil13 ities of the Oil Pollution Act of 1990, $71,073,000, of 

14 which $19,000,000 shall be derived from the Oil Spill Li15 ability Trust Fund and shall remain available until Sep16 tember 30, 2007; of which $52,073,000 shall be derived 

17 from the Pipeline Safety Fund, of which $23,285,000 

18 shall remain available until September 30, 2007. 

19 EMERGENCY PREPAREDNESS GRANTS

20 (EMERGENCY PREPAREDNESS FUND)

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

22 5127(c), $200,000, to be derived from the Emergency 

23 Preparedness Fund, to remain available until September 

24 30, 2006: Provided, That not more than $14,300,000 shall 

25 be made available for obligation in fiscal year 2005 from 

26 amounts made available by 49 U.S.C. 5116(i) and 
57 

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1 5127(d): Provided further, That none of the funds made 

2 available by 49 U.S.C. 5116(i), 5127(c), and 5127(d) shall 

3 be made available for obligation by individuals other than 

4 the Secretary of Transportation, or his 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, $59,000,000: 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. 
58 

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1 SURFACE TRANSPORTATION BOARD

2 SALARIES AND EXPENSES

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

5 3109, $21,250,000: 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 2005, to result in 

14 a final appropriation from the general fund estimated at 

15 no more than $20,200,000. 

16 GENERAL PROVISIONS—DEPARTMENT OF

17 TRANSPORTATION

18 (INCLUDING TRANSFERS OF FUNDS)

19 SEC. 185. 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 or 
59 

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1 allowances therefor, as authorized by law (5 U.S.C. 5901– 

2 5902). 

3 SEC. 186. Appropriations contained in this Act for 

4 the Department of Transportation shall be available for 

5 services as authorized by 5 U.S.C. 3109, but at rates for 

6 individuals not to exceed the per diem rate equivalent to 

7 the rate for an Executive Level IV. 

8 SEC. 187. None of the funds in this Act shall be avail9 able for salaries and expenses of more than 106 political 

10 and Presidential appointees in the Department of Trans11 portation: Provided, That none of the personnel covered 

12 by this provision may be assigned on temporary detail out13 side the Department of Transportation. 

14 SEC. 188. None of the funds in this Act shall be used 

15 to implement section 404 of title 23, United States Code. 

16 SEC. 189. (a) No recipient of funds made available 

17 in this Act shall disseminate personal information (as de18 fined in 18 U.S.C. 2725(3)) obtained by a State depart19 ment of motor vehicles in connection with a motor vehicle 

20 record as defined in 18 U.S.C. 2725(1), except as provided 

21 in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 

22 2721. 

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

24 shall not withhold funds provided in this Act for any 

25 grantee if a State is in noncompliance with this provision. 
60 

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1 SEC. 190. Funds received by the Federal Highway 

2 Administration, Federal Transit Administration, and Fed3 eral Railroad Administration from States, counties, mu4 nicipalities, other public authorities, and private sources 

5 for expenses incurred for training may be credited respec6 tively to the Federal Highway Administration’s ‘‘Federal7 Aid Highways’’ account, the Federal Transit Administra8 tion’s ‘‘Transit Planning and Research’’ account, and to 

9 the Federal Railroad Administration’s ‘‘Safety and Oper10 ations’’ account, except for State rail safety inspectors 

11 participating in training pursuant to 49 U.S.C. 20105. 

12 SEC. 191. Notwithstanding any other provisions of 

13 law, rule or regulation, the Secretary of Transportation 

14 is authorized to allow the issuer of any preferred stock 

15 heretofore sold to the Department to redeem or repur16 chase such stock upon the payment to the Department of 

17 an amount determined by the Secretary. 

18 SEC. 192. None of the funds in this Act to the De19 partment of Transportation may be used to make a grant 

20 unless the Secretary of Transportation notifies the House 

21 and Senate Committees on Appropriations not less than 

22 3 full business days before any discretionary grant award, 

23 letter of intent, or full funding grant agreement totaling 

24 $1,000,000 or more is announced by the department or 

25 its modal administrations from: (1) any discretionary 
61 

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1 grant program of the Federal Highway Administration 

2 other than the emergency relief program; (2) the airport 

3 improvement program of the Federal Aviation Administra4 tion; or (3) any program of the Federal Transit Adminis5 tration other than the formula grants and fixed guideway 

6 modernization programs: Provided, That no notification 

7 shall involve funds that are not available for obligation. 

8 SEC. 193. Rebates, refunds, incentive payments, 

9 minor fees and other funds received by the Department 

10 of Transportation from travel management centers, 

11 charge card programs, the subleasing of building space, 

12 and miscellaneous sources are to be credited to appropria13 tions of the Department of Transportation and allocated 

14 to elements of the Department of Transportation using 

15 fair and equitable criteria and such funds shall be avail16 able until expended. 

17 SEC. 194. Amounts made available in this or any 

18 other Act that the Secretary determines represent im19 proper payments by the Department of Transportation to 

20 a third party contractor under a financial assistance 

21 award, which are recovered pursuant to law, shall be avail22 able— 

23 (1) to reimburse the actual expenses incurred 

24 by the Department of Transportation in recovering 

25 improper payments; and 
62 

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1 (2) to pay contractors for services provided in 

2 recovering improper payments: Provided, That 

3 amounts in excess of that required for paragraphs 

4 (1) and (2)— 

5 (A) shall be credited to and merged with 

6 the appropriation from which the improper pay7 ments were made, and shall be available for the 

8 purposes and period for which such appropria9 tions are available; or 

10 (B) if no such appropriation remains avail11 able, shall be deposited in the Treasury as mis12 cellaneous receipts: Provided, That prior to the 

13 transfer of any such recovery to an appropria14 tions account, the Secretary shall notify the 

15 House and Senate Committees on Appropria16 tions of the amount and reasons for such trans17 fer: Provided further, That for purposes of this 

18 section, the term ‘‘improper payments’’, has the 

19 same meaning as that provided in section 

20 2(d)(2) of Public Law 107–300. 

21 SEC. 195. The Secretary of Transportation is author22 ized to transfer the unexpended balances available for the 

23 bonding assistance program from ‘‘Office of the Secretary, 

24 Salaries and expenses’’ to ‘‘Minority Business Outreach’’. 
63 

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1 SEC. 196. None of the funds made available in this 

2 Act to the Department of Transportation may be obligated 

3 for the Office of the Secretary of Transportation to ap4 prove assessments or reimbursable agreements pertaining 

5 to funds appropriated to the modal administrations in this 

6 Act, except for activities underway on the date of enact7 ment of this Act, unless such assessments or agreements 

8 have completed the normal reprogramming process for 

9 Congressional notification. 

10 SEC. 197. Funds provided in this Act for the Working 

11 Capital Fund shall be reduced by $20,844,000, which lim12 its fiscal year 2005 Working Capital Fund obligational au13 thority for elements of the Department of Transportation 

14 funded in this Act to no more than $130,210,000: Pro15 vided, That such reductions from the budget request shall 

16 be allocated by the Department of Transportation to each 

17 appropriations account in proportion to the amount in18 cluded in each account for the Working Capital Fund. 

19 SEC. 198. For the purpose of any applicable law, for 

20 fiscal year 2005, the city of Norman, Oklahoma, shall be 

21 considered to be part of the Oklahoma City Transpor22 tation Management Area. 

23 SEC. 199. None of the funds appropriated or other24 wise made available by this Act may be obligated or ex25 pended to establish or implement section 41747 of title 
64 

S 2806 PCS 

1 49, United States Code, or any similar essential air service 

2 local participation program. 

3 TITLE II 

4 DEPARTMENT OF THE TREASURY 

5 DEPARTMENTAL OFFICES

6 SALARIES AND EXPENSES

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses of the Departmental Offices 

9 including operation and maintenance of the Treasury 

10 Building and Annex; hire of passenger motor vehicles; 

11 maintenance, repairs, and improvements of, and purchase 

12 of commercial insurance policies for, real properties leased 

13 or owned overseas, when necessary for the performance 

14 of official business, $161,313,000, of which not to exceed 

15 $7,355,243 for executive direction program activities; not 

16 to exceed $7,415,212 for general counsel program activi17 ties; not to exceed $31,907,453 for economic policies and 

18 programs activities; not to exceed $26,071,694 for finan19 cial policies and programs activities; not to exceed 

20 $12,226,710 for terrorism and financial intelligence poli21 cies and programs activities; not to exceed $16,519,680 

22 for Treasury-wide management policies and programs ac23 tivities; not to exceed $59,817,008 for administration pro24 grams activities: Provided, That the Secretary of the 

25 Treasury is authorized to transfer funds appropriated for 

26 any program activity of the Departmental Offices to any 
65 

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1 other program activity of the Departmental Offices upon 

2 notification to the House and Senate Committees on Ap3 propriations: Provided further, That no appropriation for 

4 any program activity shall be increased or decreased by 

5 more than 5 percent by all such transfers: Provided fur6 ther, That any change in funding greater than 5 percent 

7 shall be submitted for approval to the House and Senate 

8 Committees on Appropriations: Provided further, That the 

9 funds identified within the administration program activ10 ity to support the Office of Foreign Assets Control shall 

11 be transferred to ‘‘Office of Foreign Assets Control’’: Pro12 vided further, That this transfer authority shall be in addi13 tion to any other provided in this Act: Provided further, 

14 That of the amount appropriated under this heading, not 

15 to exceed $3,000,000, to remain available until September 

16 30, 2006, for information technology modernization re17 quirements; not to exceed $150,000 for official reception 

18 and representation expenses; not to exceed $258,000 for 

19 unforeseen emergencies of a confidential nature, to be allo20 cated and expended under the direction of the Secretary 

21 of the Treasury and to be accounted for solely on his cer22 tificate: Provided further, That of the amount appro23 priated under this heading, $2,900,000 is for grants to 

24 State and local law enforcement groups to help fight 

25 money laundering; and $3,393,000, to remain available 
66 

S 2806 PCS 

1 until September 30, 2006, is for the Treasury-wide Finan2 cial Statement Audit Program, of which such amounts as 

3 may be necessary may be transferred to accounts of the 

4 Department’s offices and bureaus to conduct audits: Pro5 vided further, That this transfer authority shall be in addi6 tion to any other provided in this Act. 

7 OFFICE OF FOREIGN ASSETS CONTROL

8 For necessary expenses of the Office of Foreign As9 sets Control, $22,291,000: Provided, That the funding 

10 available shall support no less than 144 full time equiva11 lent positions. 

12 DEPARTMENT-WIDE SYSTEMS AND CAPITAL

13 INVESTMENTS PROGRAMS

14 (INCLUDING TRANSFER OF FUNDS)

15 For development and acquisition of automatic data 

16 processing equipment, software, and services for the De17 partment of the Treasury, $30,260,000, to remain avail18 able until September 30, 2007: Provided, That these funds 

19 shall be transferred to accounts and in amounts as nec20 essary to satisfy the requirements of the Department’s of21 fices, bureaus, and other organizations: Provided further, 

22 That this transfer authority shall be in addition to any 

23 other transfer authority provided in this Act: Provided fur24 ther, That none of the funds appropriated shall be used 

25 to support or supplement the Internal Revenue Service ap-
67 

S 2806 PCS 

1 propriations for Information Systems or Business Systems 

2 Modernization. 

3 OFFICE OF INSPECTOR GENERAL

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of Inspector 

6 General in carrying out the provisions of the Inspector 

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

8 $2,000,000 for official travel expenses, including hire of 

9 passenger motor vehicles; and not to exceed $100,000 for 

10 unforeseen emergencies of a confidential nature, to be allo11 cated and expended under the direction of the Inspector 

12 General of the Treasury, $16,158,000, of which not to ex13 ceed $2,500 shall be available for official reception and 

14 representation expenses. 

15 TREASURY INSPECTOR GENERAL FOR TAX

16 ADMINISTRATION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Treasury Inspector 

19 General for Tax Administration in carrying out the In20 spector General Act of 1978, as amended, including pur21 chase (not to exceed 150 for replacement only for police22 type use) and hire of passenger motor vehicles (31 U.S.C. 

23 1343(b)); services authorized by 5 U.S.C. 3109, at such 

24 rates as may be determined by the Inspector General for 

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

26 travel expenses; and not to exceed $500,000 for unfore-
68 

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1 seen emergencies of a confidential nature, to be allocated 

2 and expended under the direction of the Inspector General 

3 for Tax Administration, $129,126,000; and of which not 

4 to exceed $1,500 shall be available for official reception 

5 and representation expenses. 

6 AIR TRANSPORTATION STABILIZATION PROGRAM

7 ACCOUNT

8 For necessary expenses to administer the Air Trans9 portation Stabilization Board established by section 102 

10 of the Air Transportation Safety and System Stabilization 

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

12 until expended. 

13 TREASURY BUILDING AND ANNEX REPAIR AND

14 RESTORATION

15 For the repair, alteration, and improvement of the 

16 Treasury Building and Annex, $12,316,000, to remain 

17 available until September 30, 2007. 

18 EXPANDED ACCESS TO FINANCIAL SERVICES

19 (RESCISSION)

20 Of the unobligated balances available under this 

21 heading, $4,000,000 are rescinded. 

22 VIOLENT CRIME REDUCTION PROGRAM

23 (RESCISSION)

24 Of the unobligated balances available under this 

25 heading, $1,200,000 is rescinded. 
69 

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1 FINANCIAL CRIMES ENFORCEMENT NETWORK

2 SALARIES AND EXPENSES

3 For necessary expenses of the Financial Crimes En4 forcement Network, including hire of passenger motor ve5 hicles; travel expenses of non-Federal law enforcement 

6 personnel to attend meetings concerned with financial in7 telligence activities, law enforcement, and financial regula8 tion; not to exceed $14,000 for official reception and rep9 resentation expenses; and for assistance to Federal law en10 forcement agencies, with or without reimbursement, 

11 $72,502,000, of which $5,000,000 shall be available for 

12 BSA Direct; of which not to exceed $7,000,000 shall re13 main available until September 30, 2007; and of which 

14 $8,354,000 shall remain available until September 30, 

15 2006: Provided, That funds appropriated in this account 

16 may be used to procure personal services contracts. 

17 FINANCIAL MANAGEMENT SERVICE

18 SALARIES AND EXPENSES

19 For necessary expenses of the Financial Management 

20 Service, $230,930,000, of which not to exceed $9,220,000 

21 shall remain available until September 30, 2007, for infor22 mation systems modernization initiatives; and of which not 

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

24 and representation expenses. 
70 

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1 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

2 SALARIES AND EXPENSES

3 For necessary expenses of carrying out section 1111 

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

5 passenger motor vehicles, $83,000,000; of which not to ex6 ceed $6,000 for official reception and representation ex7 penses; not to exceed $50,000 for cooperative research and 

8 development programs for Laboratory Services; and provi9 sion of laboratory assistance to State and local agencies 

10 with or without reimbursement. 

11 UNITED STATES MINT

12 UNITED STATES MINT PUBLIC ENTERPRISE FUND

13 Pursuant to section 5136 of title 31, United States 

14 Code, the United States Mint is provided funding through 

15 the United States Mint Public Enterprise Fund for costs 

16 associated with the production of circulating coins, numis17 matic coins, and protective services, including both oper18 ating expenses and capital investments. The aggregate 

19 amount of new liabilities and obligations incurred during 

20 fiscal year 2005 under such section 5136 for circulating 

21 coinage and protective service capital investments of the 

22 United States Mint shall not exceed $41,100,000. 
71 

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1 BUREAU OF THE PUBLIC DEBT

2 ADMINISTERING THE PUBLIC DEBT

3 For necessary expenses connected with any public4 debt issues of the United States, $179,566,000, of which 

5 not to exceed $2,500 shall be available for official recep6 tion and representation expenses, and of which not to ex7 ceed $2,000,000 shall remain available until expended for 

8 systems modernization: Provided, That the sum appro9 priated herein from the General Fund for fiscal year 2005 

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

11 security issue fees and Treasury Direct Investor Account 

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

13 fiscal year 2005 appropriation from the general fund esti14 mated at $175,166,000. In addition, $60,000 to be de15 rived from the Oil Spill Liability Trust Fund to reimburse 

16 the Bureau for administrative and personnel expenses for 

17 financial management of the Fund, as authorized by sec18 tion 1012 of Public Law 101–380. 

19 INTERNAL REVENUE SERVICE

20 PROCESSING, ASSISTANCE, AND MANAGEMENT

21 For necessary expenses of the Internal Revenue Serv22 ice for pre-filing taxpayer assistance and education, filing 

23 and account services, shared services support, general 

24 management and administration; and services as author25 ized by 5 U.S.C. 3109, at such rates as may be determined 
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1 by the Commissioner, $4,107,325,000, of which up to 

2 $4,100,000 shall be for the Tax Counseling for the Elderly 

3 Program, of which $7,500,000 shall be available for low4 income taxpayer clinic grants, and of which not to exceed 

5 $25,000 shall be for official reception and representation 

6 expenses: Provided, That, pursuant to 39 U.S.C. 3206(a), 

7 funds shall continue to be provided to the United States 

8 Postal Service for postage due: Provided further, That of 

9 the amount provided, $126,000,000 shall not be available 

10 for obligation until September 30, 2005 and shall remain 

11 available until September 30, 2006. 

12 TAX LAW ENFORCEMENT

13 For necessary expenses of the Internal Revenue Serv14 ice for determining and establishing tax liabilities; pro15 viding litigation support; conducting criminal investigation 

16 and enforcement activities; securing unfiled tax returns; 

17 collecting unpaid accounts; conducting a document match18 ing program; resolving taxpayer problems through prompt 

19 identification, referral and settlement; expanded customer 

20 service and public outreach programs, strengthened en21 forcement activities, and enhanced research efforts to re22 duce erroneous filings associated with the earned income 

23 tax credit; compiling statistics of income and conducting 

24 compliance research; purchase (for police-type use, not to 

25 exceed 850) and hire of passenger motor vehicles (31 

26 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 
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1 3109, at such rates as may be determined by the Commis2 sioner, $4,519,350,000, of which not to exceed $1,000,000 

3 shall remain available until September 30, 2007, for re4 search. 

5 INFORMATION SYSTEMS

6 For necessary expenses of the Internal Revenue Serv7 ice for information systems and telecommunications sup8 port, including developmental information systems and 

9 operational information systems; the hire of passenger 

10 motor vehicles (31 U.S.C. 1343(b)); and services as au11 thorized by 5 U.S.C. 3109, at such rates as may be deter12 mined by the Commissioner, $1,606,768,000, of which 

13 $200,000,000 shall remain available until September 30, 

14 2006. 

15 BUSINESS SYSTEMS MODERNIZATION

16 For necessary expenses of the Internal Revenue Serv17 ice, $125,000,000, to remain available until September 30, 

18 2007, for the capital asset acquisition of information tech19 nology systems, including management and related con20 tractual costs of said acquisitions, including contractual 

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

22 3109: Provided, That none of these funds may be obli23 gated until the Internal Revenue Service submits to the 

24 Committees on Appropriations, and such Committees ap25 prove, a plan for expenditure that: (1) meets the capital 

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

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

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

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

10 rules, requirements, guidelines, and systems acquisition 

11 management practices of the Federal Government. 

12 (RESCISSION)

13 Of the funds made available under this heading in 

14 Public Law 108–199, $140,000,000 are rescinded. 

15 HEALTH INSURANCE TAX CREDIT ADMINISTRATION

16 For expenses necessary to implement the health in17 surance tax credit included in the Trade Act of 2002 

18 (Public Law 107–210), $34,841,000. 

19 GENERAL PROVISIONS—INTERNAL REVENUE SERVICE

20 SEC. 201. Not to exceed 5 percent of any appropria21 tion made available in this Act to the Internal Revenue 

22 Service or not to exceed 3 percent of appropriations under 

23 the heading ‘‘Tax Law Enforcement’’ may be transferred 

24 to any other Internal Revenue Service appropriation upon 

25 the advance approval of the Committees on Appropria26 tions. 
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1 SEC. 202. The Internal Revenue Service shall main2 tain a training program to ensure that Internal Revenue 

3 Service employees are trained in taxpayers’ rights, in deal4 ing courteously with the taxpayers, and in cross-cultural 

5 relations. 

6 SEC. 203. The Internal Revenue Service shall insti7 tute and enforce policies and procedures that will safe8 guard the confidentiality of taxpayer information. 

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

10 Act to the Internal Revenue Service shall be available for 

11 improved facilities and increased manpower to provide suf12 ficient and effective 1–800 help line service for taxpayers. 

13 The Commissioner shall continue to make the improve14 ment of the Internal Revenue Service 1–800 help line serv15 ice a priority and allocate resources necessary to increase 

16 phone lines and staff to improve the Internal Revenue 

17 Service 1–800 help line service. 

18 GENERAL PROVISIONS—DEPARTMENT OF THE

19 TREASURY

20 SEC. 210. Appropriations to the Department of the 

21 Treasury in this Act shall be available for uniforms or al22 lowances therefor, as authorized by law (5 U.S.C. 5901), 

23 including maintenance, repairs, and cleaning; purchase of 

24 insurance for official motor vehicles operated in foreign 

25 countries; purchase of motor vehicles without regard to the 
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1 general purchase price limitations for vehicles purchased 

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

3 contracts with the Department of State for the furnishing 

4 of health and medical services to employees and their de5 pendents serving in foreign countries; and services author6 ized by 5 U.S.C. 3109. 

7 SEC. 211. Not to exceed 2 percent of any appropria8 tions in this Act made available to the Departmental Of9 fices—Salaries and Expenses, Office of Inspector General, 

10 Financial Management Service, Alcohol and Tobacco Tax 

11 and Trade Bureau, Financial Crime Enforcement Net12 work, and Bureau of the Public Debt, may be transferred 

13 between such appropriations upon the advance approval 

14 of the Committees on Appropriations. No transfer may in15 crease or decrease any such appropriation by more than 

16 2 percent. 

17 SEC. 212. Not to exceed 2 percent of any appropria18 tion made available in this Act to the Internal Revenue 

19 Service may be transferred to the Treasury Inspector Gen20 eral for Tax Administration’s appropriation upon the ad21 vance approval of the Committees on Appropriations. No 

22 transfer may increase or decrease any such appropriation 

23 by more than 2 percent. 

24 SEC. 213. Of the funds available for the purchase of 

25 law enforcement vehicles, no funds may be obligated until 
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1 the Secretary of the Treasury certifies that the purchase 

2 by the respective Treasury bureau is consistent with De3 partmental vehicle management principles: Provided, That 

4 the Secretary may delegate this authority to the Assistant 

5 Secretary for Management. 

6 SEC. 214. None of the funds appropriated in this Act 

7 or otherwise available to the Department of the Treasury 

8 or the Bureau of Engraving and Printing may be used 

9 to redesign the $1 Federal Reserve note. 

10 SEC. 215. The Secretary of the Treasury may trans11 fer funds from ‘‘Salaries and Expenses’’, Financial Man12 agement Service, to the Debt Services Account as nec13 essary to cover the costs of debt collection: Provided, That 

14 such amounts shall be reimbursed to such Salaries and 

15 Expenses account from debt collections received in the 

16 Debt Services Account. 

17 SEC. 216. Section 122(g)(1) of Public Law 105–119 

18 (5 U.S.C. 3104 note), is further amended by striking ‘‘6 

19 years’’ and inserting ‘‘7 years’’. 

20 SEC. 217. None of the funds appropriated or other21 wise made available by this or any other Act may be used 

22 by the United States Mint to construct or operate any mu23 seum without the explicit approval of the House Com24 mittee on Financial Services and the Senate Committee 

25 on Banking, Housing, and Urban Affairs. 
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1 SEC. 218. None of the funds appropriated or other2 wise made available by this or any other Act may be used 

3 by the United States Mint or the Bureau of Engraving 

4 and Printing to consolidate any program or administrative 

5 activities of the two Bureaus without the explicit approval 

6 of the House Committee on Financial Services, the Senate 

7 Committee on Banking, Housing, and Urban Affairs, and 

8 the House of Representatives and Senate Committees on 

9 Appropriations. 

10 SEC. 219. Section 101(f) of the Treasury Department 

11 Appropriations Act, 1997 (division A of Public Law 104– 

12 208), as amended, is further amended by striking ‘‘here13 by’’ and ‘‘until October 1, 2004,’’ and inserting ‘‘Here14 after’’ before the phrase ‘‘there is established’’. 

15 SEC. 220. (a) Section 3333 of title 31, United States 

16 Code, is amended as follows: 

17 (1) By revising paragraph (a)(1) to read as fol18 lows: 

19 ‘‘(a)(1) The Secretary of the Treasury is not liable 

20 for a payment made by the Secretary or depositary in due 

21 course and without negligence, of— 

22 ‘‘(A) a check, draft, or warrant drawn on the 

23 Treasury or the depositary; 

24 ‘‘(B) an electronic payment issued by the 

25 Treasury or the depositary; and 
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1 ‘‘(C) a debt obligation guaranteed or assumed 

2 by the United States Government.’’; 

3 (2) By inserting after paragraph (a)(2) the following 

4 new paragraph: 

5 ‘‘(3) The amount of the relief shall be charged to the 

6 Check Forgery Insurance Fund (31 U.S.C. 3343). A re7 covery or repayment of a loss for which replacement is 

8 made out of the fund shall be credited to the fund and 

9 is available for the purposes for which the fund was estab10 lished.’’. 

11 (b) The Check Forgery Insurance Fund (31 U.S.C. 

12 3343) shall be available to fund amounts relating to the 

13 payment of items listed in 31 U.S.C. 3333(a)(1), as 

14 amended above, prior to the enactment of this Act. 

15 SEC. 221. Not later than December 1, 2004, the Sec16 retary of the Treasury shall submit to the Committee a 

17 report describing how statutory provisions addressing cur18 rency manipulation by America’s trading partners con19 tained in, and relating to, Title 22 U.S.C. 5304, 5305, 

20 and 286y can be better clarified administratively to pro21 vide for improved and more predictable evaluation, and to 

22 enable the problem of currency manipulation to be better 

23 understood by the American people and the Congress. 

24 SEC. 222. (a) None of the funds made available in 

25 this Act may be used to administer or enforce part 515 
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1 of title 31, Code of Federal Regulations (the Cuban Assets 

2 Control Regulations) with respect to any travel or travel3 related transaction. 

4 (b) The limitation established in subsection (a) shall 

5 not apply to the administration of general or specific li6 censes for travel or travel-related transactions, shall not 

7 apply to section 515.204, 515.206, 515.332, 515.536, 

8 515.544, 515.547, 515.560(c)(3), 515.569, 515.571, or 

9 515.803 of such part 515, and shall not apply to trans10 actions in relation to any business travel covered by sec11 tion 515.560(g) of such part 515. 

12 SEC. 223. (a) From the unobligated balances avail13 able under the heading ‘‘Departmental Offices, Salaries 

14 and Expenses’’, the Secretary of the Treasury may use 

15 up to $2,000,000 to establish the Office of Terrorism and 

16 Financial Intelligence. 

17 (b) Subchapter I of chapter 3 of title 31, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘§ 312. Terrorism and financial intelligence 

21 ‘‘(a) OFFICE OF TERRORISM AND FINANCIAL INTEL22 LIGENCE.— 

23 ‘‘(1) ESTABLISHMENT.—There is established 

24 within the Department of the Treasury the Office of 
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1 Terrorism and Financial Intelligence (in this section 

2 referred to as ‘TFI’). 

3 ‘‘(2) LEADERSHIP.—The Under Secretary for 

4 Enforcement shall be the head of TFI, and shall re5 port to the Secretary of the Treasury (in this section 

6 referred to as the ‘Secretary’) through the Deputy 

7 Secretary of the Treasury. 

8 ‘‘(3) ASSIGNMENTS.— 

9 ‘‘(A) ASSISTANT SECRETARIES.—The posi10 tions of Assistant Secretary for Terrorist Fi11 nancing and Assistant Secretary for Intelligence 

12 and Analysis shall be within TFI, and shall 

13 each report directly to the Under Secretary for 

14 Enforcement. 

15 ‘‘(B) OFFICE OF TERRORIST FINANCING.— 

16 The Office of Terrorist Financing shall be with17 in TFI, and shall report to the Assistant Sec18 retary for Terrorist Financing. 

19 ‘‘(C) OIA.—The Office of Intelligence and 

20 Analysis (in this section referred to as ‘OIA’) 

21 shall be within TFI, and shall report to the As22 sistant Secretary for Intelligence and Analysis. 

23 ‘‘(D) OFAC.—The Office of Foreign As24 sets Control of the Department (in this section 

25 referred to as ‘OFAC’) and the Executive Office 
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1 for Asset Forfeiture shall be within TFI, and 

2 shall report to the Under Secretary for Enforce3 ment, who may redelegate such responsibility to 

4 the Assistant Secretary for Terrorist Financing. 

5 ‘‘(E) FINCEN.—The Financial Crimes 

6 Enforcement Network (in this section referred 

7 to as ‘FinCEN’), a bureau of the Department 

8 of the Treasury, shall report to the Under Sec9 retary for Enforcement, who may redelegate 

10 such responsibility to the Assistant Secretary 

11 for Terrorist Financing. 

12 ‘‘(4) FUNCTIONS.—The functions of TFI in13 clude providing policy, strategic, and operational di14 rection to the Department on issues relating to— 

15 ‘‘(A) terrorist financing; 

16 ‘‘(B) financial crimes, including money 

17 laundering, counterfeiting, and other offenses 

18 threatening the integrity of the financial sys19 tem; 

20 ‘‘(C) United States economic sanctions 

21 programs; 

22 ‘‘(D) implementation of titles I and II of 

23 the Bank Secrecy Act; 

24 ‘‘(E) other enforcement matters; 
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1 ‘‘(F) the intelligence analysis and coordina2 tion functions of the Office of Intelligence Anal3 ysis; and 

4 ‘‘(G) the security functions and programs 

5 of the Department of the Treasury. 

6 ‘‘(b) NO AFFECT ON OTHER DELEGATIONS OF AU7 THORITY.—Except as otherwise specifically provided in 

8 this section, nothing in this section is intended to affect 

9 any delegation of duties or authority in accordance with 

10 Department of Treasury Order No. 105–17 (relating to 

11 the establishment of the Office of Terrorism and Financial 

12 Intelligence), issued on April 28, 2004. 

13 ‘‘(c) DESIGNATION AS ENFORCEMENT ORGANIZA14 TION.—The Office of Terrorism and Financial Intelligence 

15 (including any components thereof) is designated as a law 

16 enforcement organization of the Department of the Treas17 ury for purposes of section 9703 of title 31, United States 

18 Code, and other relevant authorities. 

19 ‘‘(d) REFERENCES.—References in this section to the 

20 ‘Secretary’, ‘Under Secretary’, ‘Deputy Secretary’, ‘Dep21 uty Assistant Secretary’, ‘Office’, ‘Assistant Secretary’, 

22 and ‘Department’ are references to positions and offices 

23 of the Department of the Treasury, unless otherwise speci24 fied.’’. 
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1 TITLE III 

2 EXECUTIVE OFFICE OF THE PRESIDENT AND 

3 FUNDS APPROPRIATED TO THE PRESIDENT 

4 COMPENSATION OF THE PRESIDENT

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

8 of the funds made available for official expenses shall be 

9 expended for any other purpose and any unused amount 

10 shall revert to the Treasury pursuant to section 1552 of 

11 title 31, United States Code. 

12 WHITE HOUSE OFFICE

13 SALARIES AND EXPENSES

14 For necessary expenses for the White House as au15 thorized by law, including not to exceed $3,850,000 for 

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

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

18 shall be expended and accounted for as provided in that 

19 section; hire of passenger motor vehicles, newspapers, 

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

21 $100,000 to be expended and accounted for as provided 

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

23 entertainment expenses, to be available for allocation with24 in the Executive Office of the President, $63,698,000: 

25 Provided, That of the funds appropriated under this head-
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1 ing, up to $9,975,000 shall be available for reimburse2 ments to the White House Communications Agency. 

3 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

4 OPERATING EXPENSES

5 For the care, maintenance, repair and alteration, re6 furnishing, improvement, heating, and lighting, including 

7 electric power and fixtures, of the Executive Residence at 

8 the White House and official entertainment expenses of 

9 the President, $12,760,000, to be expended and accounted 

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

11 REIMBURSABLE EXPENSES

12 For the reimbursable expenses of the Executive Resi13 dence at the White House, such sums as may be nec14 essary: Provided, That all reimbursable operating expenses 

15 of the Executive Residence shall be made in accordance 

16 with the provisions of this paragraph: Provided further, 

17 That, notwithstanding any other provision of law, such 

18 amount for reimbursable operating expenses shall be the 

19 exclusive authority of the Executive Residence to incur ob20 ligations and to receive offsetting collections, for such ex21 penses: Provided further, That the Executive Residence 

22 shall require each person sponsoring a reimbursable polit23 ical event to pay in advance an amount equal to the esti24 mated cost of the event, and all such advance payments 

25 shall be credited to this account and remain available until 

26 expended: Provided further, That the Executive Residence 
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1 shall require the national committee of the political party 

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

3 separately accounted for and available for expenses relat4 ing to reimbursable political events sponsored by such 

5 committee during such fiscal year: Provided further, That 

6 the Executive Residence shall ensure that a written notice 

7 of any amount owed for a reimbursable operating expense 

8 under this paragraph is submitted to the person owing 

9 such amount within 60 days after such expense is in10 curred, and that such amount is collected within 30 days 

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

12 the Executive Residence shall charge interest and assess 

13 penalties and other charges on any such amount that is 

14 not reimbursed within such 30 days, in accordance with 

15 the interest and penalty provisions applicable to an out16 standing debt on a United States Government claim under 

17 section 3717 of title 31, United States Code: Provided fur18 ther, That each such amount that is reimbursed, and any 

19 accompanying interest and charges, shall be deposited in 

20 the Treasury as miscellaneous receipts: Provided further, 

21 That the Executive Residence shall prepare and submit 

22 to the Committees on Appropriations, by not later than 

23 90 days after the end of the fiscal year covered by this 

24 Act, a report setting forth the reimbursable operating ex25 penses of the Executive Residence during the preceding 
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1 fiscal year, including the total amount of such expenses, 

2 the amount of such total that consists of reimbursable offi3 cial and ceremonial events, the amount of such total that 

4 consists of reimbursable political events, and the portion 

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

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

7 Residence shall maintain a system for the tracking of ex8 penses related to reimbursable events within the Executive 

9 Residence that includes a standard for the classification 

10 of any such expense as political or nonpolitical: Provided 

11 further, That no provision of this paragraph may be con12 strued to exempt the Executive Residence from any other 

13 applicable requirement of subchapter I or II of chapter 

14 37 of title 31, United States Code. 

15 WHITE HOUSE REPAIR AND RESTORATION

16 For the repair, alteration, and improvement of the 

17 Executive Residence at the White House, $1,900,000, to 

18 remain available until expended, for required maintenance, 

19 safety and health issues, and continued preventative main20 tenance. 

21 COUNCIL OF ECONOMIC ADVISERS

22 SALARIES AND EXPENSES

23 For necessary expenses of the Council of Economic 

24 Advisers in carrying out its functions under the Employ25 ment Act of 1946 (15 U.S.C. 1021), $4,040,000. 
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1 OFFICE OF POLICY DEVELOPMENT

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Policy Devel4 opment, including services as authorized by 5 U.S.C. 3109 

5 and 3 U.S.C. 107, $2,392,000. 

6 NATIONAL SECURITY COUNCIL

7 SALARIES AND EXPENSES

8 For necessary expenses of the National Security 

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

10 3109, $8,932,000. 

11 OFFICE OF ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of Administra14 tion, including services as authorized by 5 U.S.C. 3109 

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

16 $92,869,000, of which $12,075,000 shall remain available 

17 until expended for the Capital Investment Plan for contin18 ued modernization of the information technology infra19 structure within the Executive Office of the President. 

20 OFFICE OF MANAGEMENT AND BUDGET

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of Management 

23 and Budget, including hire of passenger motor vehicles 

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

25 out the provisions of chapter 35 of title 44, United States 
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1 Code, $68,411,000, of which not to exceed $3,000 shall 

2 be available for official representation expenses: Provided, 

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

4 shall be applied only to the objects for which appropria5 tions were made except as otherwise provided by law: Pro6 vided further, That none of the funds appropriated in this 

7 Act for the Office of Management and Budget may be 

8 used for the purpose of reviewing any agricultural mar9 keting orders or any activities or regulations under the 

10 provisions of the Agricultural Marketing Agreement Act 

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

12 none of the funds made available for the Office of Manage13 ment and Budget by this Act may be expended for the 

14 altering of the transcript of actual testimony of witnesses, 

15 except for testimony of officials of the Office of Manage16 ment and Budget, before the Committees on Appropria17 tions or the Committees on Veterans’ Affairs or their sub18 committees: Provided further, That the preceding shall not 

19 apply to printed hearings released by the Committees on 

20 Appropriations or the Committees on Veterans’ Affairs: 

21 Provided further, That none of the funds appropriated in 

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

23 of any employee of the Office of Management and Budget 

24 who calculates, prepares, or approves any tabular or other 

25 material that proposes the sub-allocation of budget au-
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1 thority or outlays by the Committees on Appropriations 

2 among their subcommittees: Provided further, That none 

3 of the funds provided in this, prior, or subsequent Acts 

4 shall be used, directly or indirectly, by the Office of Man5 agement and Budget, for evaluating or determining if 

6 water resource project or study reports submitted by the 

7 Chief of Engineers acting through the Secretary of the 

8 Army are in compliance with all applicable laws, regula9 tions, and requirements relevant to the Civil Works water 

10 resource planning process: Provided further, That the Of11 fice of Management and Budget shall have not more than 

12 60 days in which to perform budgetary policy reviews of 

13 water resource matters on which the Chief of Engineers 

14 has reported. The Director of the Office of Management 

15 and Budget shall notify the appropriate authorizing and 

16 Appropriations Committees when the 60-day review is ini17 tiated. If water resource reports have not been transmitted 

18 to the appropriate authorizing and appropriating commit19 tees within 15 days of the end of the OMB review period 

20 based on the notification from the Director, Congress shall 

21 assume OMB concurrence with the report and act accord22 ingly. 
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1 OFFICE OF NATIONAL DRUG CONTROL POLICY

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of National 

4 Drug Control Policy; for research activities pursuant to 

5 the Office of National Drug Control Policy Reauthoriza6 tion Act of 1998 (21 U.S.C. 1701 et seq.); not to exceed 

7 $10,000 for official reception and representation expenses; 

8 and for participation in joint projects or in the provision 

9 of services on matters of mutual interest with nonprofit, 

10 research, or public organizations or agencies, with or with11 out reimbursement, $27,000,000; of which $1,350,000 

12 shall remain available until expended for policy research 

13 and evaluation: Provided, That the Office is authorized to 

14 accept, hold, administer, and utilize gifts, both real and 

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

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

17 Office. 

18 COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses for the Counterdrug Tech21 nology Assessment Center for research activities pursuant 

22 to the Office of National Drug Control Policy Reauthor23 ization Act of 1998 (21 U.S.C. 1701 et seq.), 

24 $42,000,000, which shall remain available until expended, 

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

26 and development projects, and $24,000,000 for the contin-
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1 ued operation of the technology transfer program: Pro2 vided, That the $18,000,000 for counternarcotics research 

3 and development projects shall be available for transfer 

4 to other Federal departments or agencies. 

5 FEDERAL DRUG CONTROL PROGRAMS

6 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses of the Office of National 

9 Drug Control Policy’s High Intensity Drug Trafficking 

10 Areas Program, $228,350,000, for drug control activities 

11 consistent with the approved strategy for each of the des12 ignated High Intensity Drug Trafficking Areas, of which 

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

14 local entities for drug control activities, which shall be ob15 ligated within 120 days of the date of the enactment of 

16 this Act: Provided, That up to 49 percent, to remain avail17 able until September 30, 2006, may be transferred to Fed18 eral agencies and departments at a rate to be determined 

19 by the Director, of which not less than $2,050,000 shall 

20 be used for auditing services and associated activities, and 

21 at least $500,000 of the $2,050,000 shall be used to de22 velop and implement a data collection system to measure 

23 the performance of the High Intensity Drug Trafficking 

24 Areas Program: Provided further, That High Intensity 

25 Drug Trafficking Areas Programs designated as of Sep26 tember 30, 2003, shall be funded at no less than the fiscal 
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1 year 2004 initial allocation levels unless the Director sub2 mits to the Committees on Appropriations, and the Com3 mittees approve, justification for changes in those levels 

4 based on clearly articulated priorities for the High Inten5 sity Drug Trafficking Areas Programs, as well as pub6 lished Office of National Drug Control Policy performance 

7 measures of effectiveness: Provided further, That a request 

8 shall be submitted in compliance with the reprogramming 

9 guidelines to the Committees on Appropriations for ap10 proval prior to the obligation of funds of an amount in 

11 excess of the fiscal year 2005 budget request: Provided 

12 further, That none of the funds made available under this 

13 heading shall be available to support the Consolidated Pri14 ority Organization Target program. 

15 OTHER FEDERAL DRUG CONTROL PROGRAMS

16 (INCLUDING TRANSFER OF FUNDS)

17 For activities to support a national anti-drug cam18 paign for youth, and for other purposes, authorized by the 

19 Office of National Drug Control Policy Reauthorization 

20 Act of 1998 (21 U.S.C. 1701 et seq.), $195,500,000, to 

21 remain available until expended, of which the following 

22 amounts are available as follows: $100,000,000 to support 

23 a national media campaign, as authorized by the Drug24 Free Media Campaign Act of 1998; $80,000,000 to con25 tinue a program of matching grants to drug-free commu26 nities, of which $2,000,000 shall be a directed grant to 
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1 the Community Anti-Drug Coalitions of America for the 

2 National Community Anti-Drug Coalition Institute, as au3 thorized in chapter 2 of the National Narcotics Leadership 

4 Act of 1988, as amended; $3,050,000 for the Counterdrug 

5 Intelligence Executive Secretariat; $1,000,000 for the Na6 tional Drug Court Institute; $1,500,000 for the National 

7 Alliance for Model State Drug Laws; $7,500,000 for the 

8 United States Anti-Doping Agency for anti-doping activi9 ties; $1,450,000 for the United States membership dues 

10 to the World Anti-Doping Agency; and $1,000,000 for 

11 evaluations and research related to National Drug Control 

12 Program performance measures: Provided, That such 

13 funds may be transferred to other Federal departments 

14 and agencies to carry out such activities: Provided further, 

15 That of the amounts appropriated for a national media 

16 campaign, not to exceed 10 percent shall be for admin17 istering the national media campaign. 

18 UNANTICIPATED NEEDS

19 For expenses necessary to enable the President to 

20 meet unanticipated needs, in furtherance of the national 

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

22 abroad during the current fiscal year, as authorized by 

23 3 U.S.C. 108, $1,000,000. 
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1 SPECIAL ASSISTANCE TO THE PRESIDENT

2 SALARIES AND EXPENSES

3 For necessary expenses to enable the Vice President 

4 to provide assistance to the President in connection with 

5 specially assigned functions; services as authorized by 5 

6 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex7 penses as authorized by 3 U.S.C. 106, which shall be ex8 pended and accounted for as provided in that section; and 

9 hire of passenger motor vehicles, $4,571,000. 

10 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

11 OPERATING EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For the care, operation, refurnishing, improvement, 

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

15 lighting, including electric power and fixtures, of the offi16 cial residence of the Vice President; the hire of passenger 

17 motor vehicles; and not to exceed $90,000 for official en18 tertainment expenses of the Vice President, to be ac19 counted for solely on his certificate, $333,000: Provided, 

20 That advances or repayments or transfers from this ap21 propriation may be made to any department or agency for 

22 expenses of carrying out such activities. 
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1 TITLE IV 

2 INDEPENDENT AGENCIES 

3 ARCHITECTURAL AND TRANSPORTATION BARRIERS

4 COMPLIANCE BOARD

5 SALARIES AND EXPENSES

6 For expenses necessary for the Architectural and 

7 Transportation Barriers Compliance Board, as authorized 

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

9 amended $5,686,000: Provided, That, notwithstanding 

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

11 appropriation funds received for publications and training 

12 expenses. 

13 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

14 BLIND OR SEVERELY DISABLED

15 SALARIES AND EXPENSES

16 For necessary expenses of the Committee for Pur17 chase From People Who Are Blind or Severely Disabled 

18 established by Public Law 92–28, $4,672,000. 

19 ELECTION ASSISTANCE COMMISSION

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses to carry out the Help Amer23 ica Vote Act of 2002, $10,000,000, of which $2,800,000 

24 shall be transferred to the National Institutes of Stand25 ards and Technology for election reform activities author26 ized under the Help America Vote Act of 2002. 
97 

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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, $52,159,000, of which no less than $4,700,000 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 FEDERAL LABOR RELATIONS AUTHORITY

10 SALARIES AND EXPENSES

11 For necessary expenses to carry out functions of the 

12 Federal Labor Relations Authority, pursuant to Reorga13 nization Plan Numbered 2 of 1978, and the Civil Service 

14 Reform Act of 1978, including services authorized by 5 

15 U.S.C. 3109, and including hire of experts and consult16 ants, hire of passenger motor vehicles, and rental of con17 ference rooms in the District of Columbia and elsewhere, 

18 $25,673,000: Provided, That public members of the Fed19 eral Service Impasses Panel may be paid travel expenses 

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

21 (5 U.S.C. 5703) for persons employed intermittently in 

22 the Government service, and compensation as authorized 

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

24 31 U.S.C. 3302, funds received from fees charged to non25 Federal participants at labor-management relations con-
98 

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1 ferences shall be credited to and merged with this account, 

2 to be available without further appropriation for the costs 

3 of carrying out these conferences. 

4 (RESCISSION)

5 Of the unobligated balances under this heading from 

6 prior year appropriations, $3,000,000 are rescinded. 

7 FEDERAL MARITIME COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses of the Federal Maritime 

10 Commission as authorized by section 201(d) of the Mer11 chant Marine Act, 1936, as amended (46 U.S.C. App. 

12 1111), including services as authorized by 5 U.S.C. 3109; 

13 hire of passenger motor vehicles as authorized by 31 

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

15 authorized by 5 U.S.C. 5901–5902, $19,496,000: Pro16 vided, That not to exceed $2,000 shall be available for offi17 cial reception and representation expenses. 

18 GENERAL SERVICES ADMINISTRATION

19 REAL PROPERTY ACTIVITIES

20 FEDERAL BUILDINGS FUND

21 LIMITATIONS ON AVAILABILITY OF REVENUE

22 (INCLUDING TRANSFER OF FUNDS)

23 To carry out the purposes of the Fund established 

24 pursuant to section 210(f) of the Federal Property and 

25 Administrative Services Act of 1949, as amended (40 

26 U.S.C. 592), the revenues and collections deposited into 
99 

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1 the Fund shall be available for necessary expenses of real 

2 property management and related activities not otherwise 

3 provided for, including operation, maintenance, and pro4 tection of federally owned and leased buildings; rental of 

5 buildings in the District of Columbia; restoration of leased 

6 premises; moving governmental agencies (including space 

7 adjustments and telecommunications relocation expenses) 

8 in connection with the assignment, allocation and transfer 

9 of space; contractual services incident to cleaning or serv10 icing buildings, and moving; repair and alteration of feder11 ally owned buildings including grounds, approaches and 

12 appurtenances; care and safeguarding of sites; mainte13 nance, preservation, demolition, and equipment; acquisi14 tion of buildings and sites by purchase, condemnation, or 

15 as otherwise authorized by law; acquisition of options to 

16 purchase buildings and sites; conversion and extension of 

17 federally owned buildings; preliminary planning and de18 sign of projects by contract or otherwise; construction of 

19 new buildings (including equipment for such buildings); 

20 and payment of principal, interest, and any other obliga21 tions for public buildings acquired by installment purchase 

22 and purchase contract; in the aggregate amount of 

23 $7,159,324,000, of which: (1) $710,823,000 shall remain 

24 available until expended for construction (including funds 

25 for sites and expenses and associated design and construc-
100 

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1 tion services) of additional projects at the following loca2 tions: 

3 New Construction: 

4 California: 

5 Los Angeles, Federal Bureau of Investiga6 tion Facility, $14,054,000 

7 Los Angeles, United States Courthouse, 

8 $314,385,000 

9 San Diego, United States Courthouse, 

10 $3,068,000 

11 District of Columbia: 

12 Southeast Federal Center Site Remedi13 ation, $2,650,000 

14 Illinois: 

15 Chicago, 10 West Jackson Place (Pur16 chase), $53,170,000 

17 Maine: 

18 Calais, Border Station, $5,550,000 

19 Madawaska, Border Station, $1,760,000 

20 Maryland: 

21 Montgomery County, FDA Consolidation, 

22 $88,710,000 

23 Minnesota: 

24 Warroad, Border Station, $1,837,000 

25 New York: 
101 

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1 Alexandria Bay, Border Station, 

2 $8,884,000 

3 Massena, Border Station, $15,000,000 

4 New Mexico: 

5 Las Cruces, United States Courthouse, 

6 $60,600,000 

7 North Dakota: 

8 Dunseith, Border Station, $2,301,000 

9 Portal, Border Station, $22,351,000 

10 Texas: 

11 El Paso, Paso Del Norte Border Station, 

12 $26,191,000 

13 El Paso, United States Courthouse, 

14 $63,462,000 

15 El Paso, Ysleta Border Station, 

16 $2,491,000 

17 Vermont: 

18 Derby Line, Border Station, $3,190,000 

19 Norton, Border Station, $580,000 

20 Richford, Border Station, $589,000 

21 Nonprospectus Construction, $10,000,000 

22 Judgment Fund repayment, $10,000,000: 

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

24 new construction projects may be exceeded to the extent 

25 that savings are effected in other such projects, but not 
102 

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1 to exceed 10 percent of the amounts included in an ap2 proved prospectus, if required, unless advance approval is 

3 obtained from the Committees on Appropriations of a 

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

5 construction projects shall expire on September 30, 2006, 

6 and remain in the Federal Buildings Fund except for 

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

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

9 date; (2) $980,222,000 shall remain available until ex10 pended for repairs and alterations, which includes associ11 ated design and construction services: 

12 Repairs and Alterations: 

13 District of Columbia: 

14 Eisenhower Executive Office Building, 

15 $5,000,000 

16 Federal Office Building 6, $8,267,000 

17 Hoover FBI Building, $10,242,000 

18 Mary E. Switzer Building, $80,335,000 

19 New Executive Office Building, $6,262,000 

20 Theodore Roosevelt Building, $9,730,000 

21 Georgia: 

22 Atlanta, Martin Luther King, Jr. Federal 

23 Building, $14,800,000 

24 Atlanta, United States Court of Appeals, 

25 $32,004,000 
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1 Hawaii: 

2 Hilo, Federal Building, $5,133,000 

3 Louisiana: 

4 New Orleans, Boggs Federal Building, 

5 $22,581,000 

6 New Orleans, Wisdom Courthouse of Ap7 peals, $8,005,000 

8 Maryland: 

9 Baltimore, George H. Fallon Federal 

10 Building, $46,163,000 

11 Suitland, National Record Center, 

12 $7,989,000 

13 Woodlawn, SSA Altmeyer Building, 

14 $6,300,000 

15 Minnesota: 

16 St. Paul, Warren E. Burger Federal Build17 ing—Courthouse, $36,644,000 

18 Missouri: 

19 Kansas City, Richard Bolling Federal 

20 Building, $40,048,000 

21 New York: 

22 New York, Foley Square Courthouse, 

23 $2,505,000 

24 Queens, Joseph P. Addabbo Federal Build25 ing, $5,455,000 
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1 Ohio: 

2 Cincinnati, Potter Stewart Courthouse, 

3 $37,975,000 

4 Cleveland, Celebreeze Federal Building, 

5 $37,375,000 

6 Washington: 

7 Seattle, William Nakamura Courthouse, 

8 $50,210,000 

9 Special Emphasis Programs: 

10 Chlorofluorocarbons Program, $13,000,000 

11 Energy Program, $30,000,000 

12 Glass Fragment Retention, $20,000,000 

13 Design Program, $49,699,000 

14 Basic Repairs and Alterations, $394,500,000: 

15 Provided further, That funds made available in this or any 

16 previous Act in the Federal Buildings Fund for Repairs 

17 and Alterations shall, for prospectus projects, be limited 

18 to the amount identified for each project, except each 

19 project in this or any previous Act may be increased by 

20 an amount not to exceed 10 percent unless advance ap21 proval is obtained from the Committees on Appropriations 

22 of a greater amount: Provided further, That additional 

23 projects for which prospectuses have been fully approved 

24 may be funded under this category only if advance ap25 proval is obtained from the Committees on Appropria-
105 

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1 tions: Provided further, That the amounts provided in this 

2 or any prior Act for ‘‘Repairs and Alterations’’ may be 

3 used to fund costs associated with implementing security 

4 improvements to buildings necessary to meet the minimum 

5 standards for security in accordance with current law and 

6 in compliance with the reprogramming guidelines of the 

7 appropriate Committees of the House and Senate: Pro8 vided further, That the difference between the funds ap9 propriated and expended on any projects in this or any 

10 prior Act, under the heading ‘‘Repairs and Alterations’’, 

11 may be transferred to Basic Repairs and Alterations or 

12 used to fund authorized increases in prospectus projects: 

13 Provided further, That all funds for repairs and alterations 

14 prospectus projects shall expire on September 30, 2006 

15 and remain in the Federal Buildings Fund except funds 

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

17 have been obligated in whole or in part prior to such date: 

18 Provided further, That the amount provided in this or any 

19 prior Act for Basic Repairs and Alterations may be used 

20 to pay claims against the Government arising from any 

21 projects under the heading ‘‘Repairs and Alterations’’ or 

22 used to fund authorized increases in prospectus projects; 

23 (3) $161,442,000 for installment acquisition payments in24 cluding payments on purchase contracts which shall re25 main available until expended; (4) $3,597,315,000 for 
106 

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1 rental of space which shall remain available until ex2 pended; and (5) $1,709,522,000 for building operations 

3 which shall remain available until expended: Provided fur4 ther, That funds available to the General Services Admin5 istration shall not be available for expenses of any con6 struction, repair, alteration and acquisition project for 

7 which a prospectus, if required by the Public Buildings 

8 Act of 1959, as amended, has not been approved, except 

9 that necessary funds may be expended for each project 

10 for required expenses for the development of a proposed 

11 prospectus: Provided further, That funds available in the 

12 Federal Buildings Fund may be expended for emergency 

13 repairs when advance approval is obtained from the Com14 mittees on Appropriations: Provided further, That notwith15 standing any other provision of law, the Administrator of 

16 General Services is authorized and directed to proceed 

17 with site acquisition and design of a new Federal Building 

18 in Tuscaloosa, Alabama for which funds were provided in 

19 Public Law 108–199: Provided further, That amounts nec20 essary to provide reimbursable special services to other 

21 agencies under section 210(f)(6) of the Federal Property 

22 and Administrative Services Act of 1949, as amended (40 

23 U.S.C. 592(b)(2)) and amounts to provide such reimburs24 able fencing, lighting, guard booths, and other facilities 

25 on private or other property not in Government ownership 
107 

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1 or control as may be appropriate to enable the United 

2 States Secret Service to perform its protective functions 

3 pursuant to 18 U.S.C. 3056, shall be available from such 

4 revenues and collections: Provided further, That revenues 

5 and collections and any other sums accruing to this Fund 

6 during fiscal year 2005, excluding reimbursements under 

7 section 210(f)(6) of the Federal Property and Administra8 tive Services Act of 1949 (40 U.S.C. 592(b)(2)) in excess 

9 of the aggregate new obligational authority authorized for 

10 Real Property Activities of the Federal Buildings Fund 

11 in this Act shall remain in the Fund and shall not be avail12 able for expenditure except as authorized in appropria13 tions Acts. 

14 GENERAL ACTIVITIES

15 GOVERNMENT-WIDE POLICY

16 For expenses authorized by law, not otherwise pro17 vided for, for Government-wide policy and evaluation ac18 tivities associated with the management of real and per19 sonal property assets and certain administrative services; 

20 Government-wide policy support responsibilities relating to 

21 acquisition, telecommunications, information technology 

22 management, and related technology activities; and serv23 ices as authorized by 5 U.S.C. 3109, $62,100,000. 

24 OPERATING EXPENSES

25 For expenses authorized by law, not otherwise pro26 vided for, for Government-wide activities associated with 
108 

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1 utilization and donation of surplus personal property; dis2 posal of real property; providing Internet access to Federal 

3 information and services; agency-wide policy direction and 

4 management, and Board of Contract Appeals; accounting, 

5 records management, and other support services incident 

6 to adjudication of Indian Tribal Claims by the United 

7 States Court of Federal Claims; services as authorized by 

8 5 U.S.C. 3109; and not to exceed $7,500 for official recep9 tion and representation expenses, $85,175,000. 

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector 

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

13 $42,351,000: Provided, That not to exceed $15,000 shall 

14 be available for payment for information and detection of 

15 fraud against the Government, including payment for re16 covery of stolen Government property: Provided further, 

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

18 to employees of other Federal agencies and private citizens 

19 in recognition of efforts and initiatives resulting in en20 hanced Office of Inspector General effectiveness. 

21 ELECTRONIC GOVERNMENT (E-GOV) FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses in support of interagency 

24 projects that enable the Federal Government to expand 

25 its ability to conduct activities electronically, through the 

26 development and implementation of innovative uses of the 
109 

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1 Internet and other electronic methods, $3,000,000, to re2 main available until expended: Provided, That these funds 

3 may be transferred to Federal agencies to carry out the 

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

5 authority shall be in addition to any other transfer author6 ity provided in this Act: Provided further, That such trans7 fers may not be made until 10 days after a proposed 

8 spending plan and justification for each project to be un9 dertaken has been submitted to the Committees on Appro10 priations. 

11 ALLOWANCES AND OFFICE STAFF FOR FORMER

12 PRESIDENTS

13 (INCLUDING TRANSFER OF FUNDS)

14 For carrying out the provisions of the Act of August 

15 25, 1958, as amended (3 U.S.C. 102 note), and Public 

16 Law 95–138, $3,106,000: Provided, That the Adminis17 trator of General Services shall transfer to the Secretary 

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

19 out the provisions of such Acts. 

20 EXPENSES, PRESIDENTIAL TRANSITION

21 For expenses necessary to carry out the Presidential 

22 Transition Act of 1963, as amended, $7,700,000, of which 

23 not to exceed $1,000,000 is for activities authorized by 

24 sections 3(a)(8) and (9) of the Presidential Transition Act 

25 of 2000. 
110 

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1 GENERAL PROVISIONS—GENERAL SERVICES

2 ADMINISTRATION

3 SEC. 401. The appropriate appropriation or fund 

4 available to the General Services Administration shall be 

5 credited with the cost of operation, protection, mainte6 nance, upkeep, repair, and improvement, included as part 

7 of rentals received from Government corporations pursu8 ant to law (40 U.S.C. 129). 

9 SEC. 402. Funds available to the General Services 

10 Administration shall be available for the hire of passenger 

11 motor vehicles. 

12 SEC. 403. Funds in the Federal Buildings Fund 

13 made available for fiscal year 2005 for Federal Buildings 

14 Fund activities may be transferred between such activities 

15 only to the extent necessary to meet program require16 ments: Provided, That any proposed transfers shall be ap17 proved in advance by the Committees on Appropriations. 

18 SEC. 404. No funds made available by this Act shall 

19 be used to transmit a fiscal year 2006 request for United 

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

21 the design guide standards for construction as established 

22 and approved by the General Services Administration, the 

23 Judicial Conference of the United States, and the Office 

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

25 priorities of the Judicial Conference of the United States 
111 

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1 as set out in its approved 5-year construction plan: Pro2 vided, That the fiscal year 2006 request must be accom3 panied by a standardized courtroom utilization study of 

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

5 SEC. 405. None of the funds provided in this Act may 

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

7 provide cleaning services, security enhancements, or any 

8 other service usually provided through the Federal Build9 ings Fund, to any agency that does not pay the rate per 

10 square foot assessment for space and services as deter11 mined by the General Services Administration in compli12 ance with the Public Buildings Amendments Act of 1972 

13 (Public Law 92–313). 

14 SEC. 406. From funds made available under the 

15 heading ‘‘Federal Buildings Fund, Limitations on Avail16 ability of Revenue’’, claims against the Government of less 

17 than $250,000 arising from direct construction projects 

18 and acquisition of buildings may be liquidated from sav19 ings effected in other construction projects with prior noti20 fication to the Committees on Appropriations. 

21 SEC. 407. Notwithstanding 40 U.S.C. 524, 571, and 

22 572, the Administrator of General Services may sell the 

23 Middle River Depot at Middle River, Maryland, and credit 

24 the proceeds of such sale as offsetting collections to the 

25 Federal Buildings Fund, to be available, in addition to 
112 

S 2806 PCS 

1 amounts otherwise appropriated for such Fund, for such 

2 capital activities of the Fund as the Administrator may 

3 deem appropriate: Provided, That the Administrator shall, 

4 to the maximum extent practicable, cooperate and consult 

5 with Baltimore County, Maryland officials and other inter6 ested persons in communities located near the Middle 

7 River Depot so that the sale and use of the property is 

8 compatible with local economic development plans and is 

9 not inconsistent with local land use, environmental and 

10 zoning laws. 

11 SEC. 408. Section 572(a)(2)(ii) of title 40, United 

12 States Code, is amended by inserting the following before 

13 the period: ‘‘, highest and best use of property studies, 

14 utilization of property studies, deed compliance inspection, 

15 and the expenses incurred in a relocation’’. 

16 SEC. 409. Of the amounts made available under the 

17 heading ‘‘Federal Buildings Fund’’ for New Construction 

18 and Repairs and Alterations in this or any prior Act, a 

19 total amount of $106,000,000 are rescinded: Provided, 

20 That the Administrator of General Services shall notify 

21 the Appropriations Committees of the House of Rep22 resentatives and Senate of the specific projects, or parts 

23 thereof, from which funds have been rescinded within 30 

24 days of enactment of this Act. 
113 

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1 SEC. 410. In order to address heightened security re2 quirements for the proposed Moss United States Court3 house Annex project, the Administrator of General Serv4 ices is authorized to acquire and demolish the real prop5 erty, including land and improvements, located in Salt 

6 Lake City, Utah, at the corner of 400 South Street and 

7 West Temple, said land and improvements commonly 

8 known as the Shubrick Building; to use previously appro9 priated project funds to immediately initiate compliance 

10 procedures in accordance with the National Historic Pres11 ervation Act and the National Environmental Policy Act; 

12 and to redesign the proposed courthouse expansion to in13 corporate this new site. 

14 SEC. 411. Section 3712 of title 22, U.S.C., is amend15 ed by adding the following new subsection at the end: 

16 ‘‘(e) TERMINATION; TRANSFER OF REVOLVING

17 FUND.— 

18 ‘‘(1) The Panama Canal Commission and the 

19 Office of Transition Administration (Public Law 

20 106–65, division C, title XXXV, section 3504(b), 

21 (c)) shall terminate on October 1, 2004. 

22 ‘‘(2) Upon termination pursuant to paragraph 

23 (1), the Revolving Fund shall be transferred to the 

24 General Services Administration (GSA), to be avail25 able to GSA for payments of any outstanding liabil-
114 

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1 ities of the Commission, as well as reimbursing the 

2 Department of Justice for expenditures necessary to 

3 defend litigation arising out of the operating of the 

4 Panama Canal by the Panama Canal Commission 

5 and to GSA for expenses associated with the termi6 nation of the Office of Transition Administration 

7 and the Commission. The fund shall be the exclusive 

8 source available for payment of any outstanding li9 abilities of the Commission. Any balances after such 

10 payment shall be paid to the Panama Canal Author11 ity.’’. 

12 SEC. 412. CONVEYANCE OF LAND TO THE RECRE13 ATION AND PARK COMMISSION FOR THE PARISH OF EAST

14 BATON ROUGE, LOUISIANA. (a) CONVEYANCE.—Not later 

15 than 60 days after the date of enactment of this Act, the 

16 Postmaster General of the United States Postal Service 

17 shall convey, for the consideration specified in subsection 

18 (b), the land described in subsection (d), including any im19 provements thereon, to the General Services Administra20 tion. 

21 (b) PURCHASE PRICE.—Upon the conveyance de22 scribed in subsection (a), the Administrator of General 

23 Services shall pay the United States Postal Service a pur24 chase price equaling the fair market value not to exceed 
115 

S 2806 PCS 

1 $975,000, which price may be paid by cash or credited 

2 to the existing USPS/GSA property swap program. 

3 (c) RECONVEYANCE.—Not later than 10 days after 

4 the conveyance described in subsection (a), the Adminis5 trator of General Services shall convey, without consider6 ation by quitclaim deed and without recourse, the land de7 scribed in subsection (d), including any improvements 

8 thereon, to the Recreation and Park Commission for the 

9 Parish of East Baton Rouge, Louisiana, for use as a 

10 downtown park or for other public purposes. 

11 (d) DESCRIPTION OF PROPERTY.—The land referred 

12 to in subsections (a) and (c) is the property formerly used 

13 as the Main Postal Office Carrier Annex in Baton Rouge, 

14 Louisiana and located at 750 Florida Street. This land 

15 is situated north of Convention Street, south of Florida 

16 Street and west of 7th Street. This land comprises ap17 proximately 27,500 square feet and is improved by a one18 story building. 

19 SEC. 413. None of the funds appropriated by this Act 

20 or any other Act may be used after July 1, 2005 for the 

21 provision of any telecommunications service for any fed22 eral government owned building, unless such building is 

23 in compliance with a regulation or Executive Order issued 

24 after the date of enactment of this section that requires, 

25 to the extent deemed appropriate by the President or his 
116 

S 2806 PCS 

1 designee, the provision of telecommunications services 

2 using redundant and physically separate entry points to 

3 those buildings, and the use of physically diverse local net4 work facilities for the provision of such telecommuni5 cations services. 

6 MERIT SYSTEMS PROTECTION BOARD

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses to carry out functions of the 

10 Merit Systems Protection Board 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, rental of conference rooms in the District 

14 of Columbia and elsewhere, hire of passenger motor vehi15 cles, and direct procurement of survey printing, 

16 $34,677,000 together with not to exceed $2,626,000 for 

17 administrative expenses to adjudicate retirement appeals 

18 to be transferred from the Civil Service Retirement and 

19 Disability Fund in amounts determined by the Merit Sys20 tems Protection Board. 
117 

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1 MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN

2 NATIONAL ENVIRONMENTAL POLICY FOUNDATION

3 FEDERAL PAYMENT TO MORRIS K. UDALL SCHOLARSHIP

4 AND EXCELLENCE IN NATIONAL ENVIRONMENTAL

5 POLICY TRUST FUND

6 For payment to the Morris K. Udall Scholarship and 

7 Excellence in National Environmental Policy Trust Fund, 

8 pursuant to the Morris K. Udall Scholarship and Excel9 lence in National Environmental and Native American 

10 Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), 

11 $1,996,000, to remain available until expended of which 

12 up to $50,000 shall be used to conduct financial audits 

13 pursuant to the Accountability of Tax Dollars Act of 2002 

14 (Public Law 107–289) notwithstanding sections 8 and 9 

15 of Public Law 102–259: Provided, That up to 60 percent 

16 of such funds may be transferred by the Morris K. Udall 

17 Scholarship and Excellence in National Environmental 

18 Policy Foundation for the necessary expenses of the Na19 tive Nations Institute. 

20 ENVIRONMENTAL DISPUTE RESOLUTION FUND

21 For payment to the Environmental Dispute Resolu22 tion Fund to carry out activities authorized in the Envi23 ronmental Policy and Conflict Resolution Act of 1998, 

24 $1,309,000, to remain available until expended. 
118 

S 2806 PCS 

1 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

2 OPERATING EXPENSES

3 For necessary expenses in connection with the admin4 istration of the National Archives and Records Adminis5 tration (including the Information Security Oversight Of6 fice) and archived Federal records and related activities, 

7 as provided by law, and for expenses necessary for the re8 view and declassification of documents, and for the hire 

9 of passenger motor vehicles, $266,945,000: Provided, 

10 That the Archivist of the United States is authorized to 

11 use any excess funds available from the amount borrowed 

12 for construction of the National Archives facility, for ex13 penses necessary to provide adequate storage for holdings. 

14 ELECTRONIC RECORDS ARCHIVES

15 For necessary expenses in connection with the devel16 opment of the electronic records archives, to include all 

17 direct project costs associated with research, analysis, de18 sign, development, and program management, 

19 $35,914,000. 

20 REPAIRS AND RESTORATION

21 For the repair, alteration, and improvement of ar22 chives facilities, and to provide adequate storage for hold23 ings, $12,182,000, to remain available until expended, of 

24 which $3,000,000 is for site preparation and construction 

25 management to construct a new regional archives and 

26 records facility in Anchorage, Alaska, and of which 
119 

S 2806 PCS 

1 $2,000,000 is for the repair and restoration of the plaza 

2 that surrounds the Lyndon Baines Johnson Presidential 

3 Library that is under the joint control and custody of the 

4 University of Texas: Provided, That such funds may be 

5 transferred directly to the University and used, together 

6 with University funds, for repair and restoration of the 

7 plaza and remain available until expended for this pur8 pose. 

9 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

10 COMMISSION

11 GRANTS PROGRAM

12 For necessary expenses for allocations and grants for 

13 historical publications and records as authorized by 44 

14 U.S.C. 2504, as amended, $5,000,000, to remain available 

15 until expended. 

16 NATIONAL TRANSPORTATION SAFETY BOARD

17 SALARIES AND EXPENSES

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

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

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

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

24 5901–5902) $76,425,000, of which not to exceed $2,000 
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1 may be used for official reception and representation ex2 penses. 

3 (RESCISSION)

4 Of the available unobligated balances made available 

5 under Public Law 106–246, $8,000,000 are rescinded. 

6 OFFICE OF GOVERNMENT ETHICS

7 SALARIES AND EXPENSES

8 For necessary expenses to carry out functions of the 

9 Office of Government Ethics pursuant to the Ethics in 

10 Government Act of 1978, as amended and the Ethics Re11 form Act of 1989, including services as authorized by 5 

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

13 of Columbia and elsewhere, hire of passenger motor vehi14 cles, and not to exceed $1,500 for official reception and 

15 representation expenses, $11,238,000. 

16 OFFICE OF PERSONNEL MANAGEMENT

17 SALARIES AND EXPENSES

18 (INCLUDING TRANSFER OF TRUST FUNDS)

19 For necessary expenses to carry out functions of the 

20 Office of Personnel Management pursuant to Reorganiza21 tion Plan Numbered 2 of 1978 and the Civil Service Re22 form Act of 1978, including services as authorized by 5 

23 U.S.C. 3109; medical examinations performed for veterans 

24 by private physicians on a fee basis; rental of conference 

25 rooms in the District of Columbia and elsewhere; hire of 

26 passenger motor vehicles; not to exceed $2,500 for official 
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1 reception and representation expenses; advances for reim2 bursements to applicable funds of the Office of Personnel 

3 Management and the Federal Bureau of Investigation for 

4 expenses incurred under Executive Order No. 10422 of 

5 January 9, 1953, as amended; and payment of per diem 

6 and/or subsistence allowances to employees where Voting 

7 Rights Act activities require an employee to remain over8 night at his or her post of duty, $130,600,000, of which 

9 $1,870,000 shall remain available until expended for the 

10 cost of the enterprise human resources integration project; 

11 $6,219,000 shall remain available until expended for the 

12 cost of leading the government-wide initiative to mod13 ernize the Federal payroll systems and service delivery; 

14 $748,000 shall remain available until expended for the 

15 cost of the e-human resources information system project; 

16 $1,887,000 shall remain available until expended for the 

17 cost of the e-clearance project; and $5,000,000 shall re18 main available through September 30, 2006 to coordinate 

19 and conduct program evaluation and performance meas20 urement; and in addition $128,462,000 for administrative 

21 expenses, to be transferred from the appropriate trust 

22 funds of the Office of Personnel Management without re23 gard to other statutes, including direct procurement of 

24 printed materials, for the retirement and insurance pro25 grams, of which $27,640,000 shall remain available until 
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1 expended for the cost of automating the retirement record2 keeping systems: Provided, That the provisions of this ap3 propriation shall not affect the authority to use applicable 

4 trust funds as provided by sections 8348(a)(1)(B), and 

5 9004(f)(1)(A) and (2)(A) of title 5, United States Code: 

6 Provided further, That no part of this appropriation shall 

7 be available for salaries and expenses of the Legal Exam8 ining Unit of the Office of Personnel Management estab9 lished pursuant to Executive Order No. 9358 of July 1, 

10 1943, or any successor unit of like purpose: Provided fur11 ther, That the President’s Commission on White House 

12 Fellows, established by Executive Order No. 11183 of Oc13 tober 3, 1964, may, during fiscal year 2005, accept dona14 tions of money, property, and personal services: Provided 

15 further, That such donations, including those from prior 

16 years, may be used for the development of publicity mate17 rials to provide information about the White House Fel18 lows, except that no such donations shall be accepted for 

19 travel or reimbursement of travel expenses, or for the sala20 ries of employees of such Commission. 

21 OFFICE OF INSPECTOR GENERAL

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF TRUST FUNDS)

24 For necessary expenses of the Office of Inspector 

25 General in carrying out the provisions of the Inspector 

26 General Act, as amended, including services as authorized 
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1 by 5 U.S.C. 3109, hire of passenger motor vehicles, 

2 $1,627,000, and in addition, not to exceed $16,461,000 

3 for administrative expenses to audit, investigate, and pro4 vide other oversight of the Office of Personnel Manage5 ment’s retirement and insurance programs, to be trans6 ferred from the appropriate trust funds of the Office of 

7 Personnel Management, as determined by the Inspector 

8 General: Provided, That the Inspector General is author9 ized to rent conference rooms in the District of Columbia 

10 and elsewhere. 

11 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

12 HEALTH BENEFITS

13 For payment of Government contributions with re14 spect to retired employees, as authorized by chapter 89 

15 of title 5, United States Code, and the Retired Federal 

16 Employees Health Benefits Act (74 Stat. 849), as amend17 ed, such sums as may be necessary. 

18 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

19 LIFE INSURANCE

20 For payment of Government contributions with re21 spect to employees retiring after December 31, 1989, as 

22 required by chapter 87 of title 5, United States Code, such 

23 sums as may be necessary. 
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1 PAYMENT TO CIVIL SERVICE RETIREMENT AND

2 DISABILITY FUND

3 For financing the unfunded liability of new and in4 creased annuity benefits becoming effective on or after Oc5 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an6 nuities under special Acts to be credited to the Civil Serv7 ice Retirement and Disability Fund, such sums as may 

8 be necessary: Provided, That annuities authorized by the 

9 Act of May 29, 1944, as amended, and the Act of August 

10 19, 1950, as amended (33 U.S.C. 771–775), may here11 after be paid out of the Civil Service Retirement and Dis12 ability Fund. 

13 GENERAL PROVISION—OFFICE OF PERSONNEL

14 MANAGEMENT

15 SEC. 420. Notwithstanding any other provision of 

16 law, none of the funds appropriated or made available 

17 under this Act or any other appropriations Act may be 

18 used to implement or enforce restrictions or limitations on 

19 the Coast Guard Congressional Fellowship Program, or to 

20 implement the proposed regulations of the Office of Per21 sonnel Management to add sections 300.311 through 

22 300.316 to part 300 of title 5 of the Code of Federal Reg23 ulations, published in the Federal Register, volume 68, 

24 number 174, on September 9, 2003 (relating to the detail 

25 of executive branch employees to the legislative branch): 

26 Provided, That if such proposed regulations are final regu-
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1 lations on the date of enactment of this Act, none of the 

2 funds appropriated or made available under this Act may 

3 be used to implement, administer, or enforce such final 

4 regulations. 

5 OFFICE OF SPECIAL COUNSEL

6 SALARIES AND EXPENSES

7 For necessary expenses to carry out functions of the 

8 Office of Special Counsel pursuant to Reorganization Plan 

9 Numbered 2 of 1978, the Civil Service Reform Act of 

10 1978 (Public Law 95–454), as amended, the Whistle11 blower Protection Act of 1989 (Public Law 101–12), as 

12 amended, Public Law 103–424, and the Uniformed Serv13 ices Employment and Reemployment Act of 1994 (Public 

14 Law 103–353), including services as authorized by 5 

15 U.S.C. 3109, payment of fees and expenses for witnesses, 

16 rental of conference rooms in the District of Columbia and 

17 elsewhere, and hire of passenger motor vehicles; 

18 $15,449,000. 

19 UNITED STATES POSTAL SERVICE

20 PAYMENT TO THE POSTAL SERVICE FUND

21 For payment to the Postal Service Fund for revenue 

22 forgone on free and reduced rate mail, pursuant to sub23 sections (c) and (d) of section 2401 of title 39, United 

24 States Code, $90,709,000, of which $61,709,000 shall not 

25 be available for obligation until October 1, 2005: Provided, 
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1 That mail for overseas voting and mail for the blind shall 

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

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

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

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

6 used to implement any rule, regulation, or policy of charg7 ing any officer or employee of any State or local child sup8 port enforcement agency, or any individual participating 

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

10 a fee for information requested or provided concerning an 

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

12 of the funds provided in this Act shall be used to consoli13 date or close small rural and other small post offices in 

14 fiscal year 2005. 

15 EMERGENCY PREPAREDNESS

16 For an additional amount for ‘‘Payment to the Postal 

17 Service Fund’’ for emergency expenses to enable the Post18 al Service to protect postal employees and postal cus19 tomers from exposure to hazardous materials in the mail, 

20 $507,000,000, to remain available until expended: Pro21 vided, That the entire amount is designated as an emer22 gency requirement pursuant to section 402 of S. Con. Res. 

23 95 (108th Congress), as made applicable to the House of 

24 Representatives by H. Res. 649 (108th Congress) and ap25 plicable to the Senate by section 14007 of Public Law 

26 108–287. 
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1 UNITED STATES TAX COURT

2 SALARIES AND EXPENSES

3 For necessary expenses, including contract reporting 

4 and other services as authorized by 5 U.S.C. 3109, 

5 $41,180,000: Provided, That travel expenses of the judges 

6 shall be paid upon the written certificate of the judge. 

7 WHITE HOUSE COMMISSION ON THE NATIONAL

8 MOMENT OF REMEMBRANCE

9 For necessary expenses of the White House Commis10 sion on the National Moment of Remembrance, $250,000. 

11 TITLE V 

12 GENERAL PROVISIONS 

13 THIS ACT

14 (INCLUDING TRANSFERS OF FUNDS)

15 SEC. 501. Such sums as may be necessary for fiscal 

16 year 2005 pay raises for programs funded in this Act shall 

17 be absorbed within the levels appropriated in this Act or 

18 previous appropriations Acts. 

19 SEC. 502. None of the funds in this Act shall be used 

20 for the planning or execution of any program to pay the 

21 expenses of, or otherwise compensate, non-Federal parties 

22 intervening in regulatory or adjudicatory proceedings 

23 funded in this Act. 

24 SEC. 503. None of the funds appropriated in this Act 

25 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. 504. 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. 505. None of the funds made available in this 

12 Act may be transferred to any department, agency, or in13 strumentality of the United States Government, except 

14 pursuant to a transfer made by, or transfer authority pro15 vided in, this Act or any other appropriations Act. 

16 SEC. 506. None of the funds made available by this 

17 Act shall be available for any activity or for paying the 

18 salary of any Government employee where funding an ac19 tivity or paying a salary to a Government employee would 

20 result in a decision, determination, rule, regulation, or pol21 icy that would prohibit the enforcement of section 307 of 

22 the Tariff Act of 1930. 

23 SEC. 507. No part of any appropriation contained in 

24 this Act shall be available to pay the salary for any person 

25 filling a position, other than a temporary position, for-
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1 merly held by an employee who has left to enter the Armed 

2 Forces of the United States and has satisfactorily com3 pleted his period of active military or naval service, and 

4 has within 90 days after his release from such service or 

5 from hospitalization continuing after discharge for a pe6 riod of not more than 1 year, made application for restora7 tion to his former position and has been certified by the 

8 Office of Personnel Management as still qualified to per9 form the duties of his former position and has not been 

10 restored thereto. 

11 SEC. 508. No funds appropriated pursuant to this 

12 Act may be expended by an entity unless the entity agrees 

13 that in expending the assistance the entity will comply 

14 with sections 2 through 4 of the Act of March 3, 1933 

15 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer16 ica Act’’). 

17 SEC. 509. No funds appropriated or otherwise made 

18 available under this Act shall be made available to any 

19 person or entity that has been convicted of violating the 

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

21 SEC. 510. Except as otherwise specifically provided 

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

23 remaining available at the end of fiscal year 2005 from 

24 appropriations made available for salaries and expenses 

25 for fiscal year 2005 in this Act, shall remain available 
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1 through September 30, 2006, for each such account for 

2 the purposes authorized: Provided, That a request shall 

3 be submitted to the Committees on Appropriations for ap4 proval prior to the expenditure of such funds: Provided 

5 further, That these requests shall be made in compliance 

6 with reprogramming guidelines. 

7 SEC. 511. 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 2005, 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: (1) creates a new 

15 program; (2) eliminates a program, project, or activity; (3) 

16 increases funds or personnel for any program, project, or 

17 activity for which funds have been denied or restricted by 

18 the Congress; (4) proposes to use funds directed for a spe19 cific activity by either the House or Senate Committees 

20 on Appropriations for a different purpose; (5) augments 

21 existing programs, projects, or activities in excess of 

22 $5,000,000 or 10 percent, whichever is less; (6) reduces 

23 existing programs, projects, or activities by $5,000,000 or 

24 10 percent, whichever is less; or (7) creates, reorganizes, 

25 or restructures offices different from the budget justifica-
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1 tions submitted to the Committees on Appropriations or 

2 the table accompanying the Committee Report accom3 panying this Act, whichever is more detailed, unless prior 

4 approval is received from the House and Senate Commit5 tees on Appropriations: Provided, That not later than 60 

6 days after the date of enactment of this Act, each agency 

7 funded by this Act shall submit a report to the Committee 

8 on Appropriations of the Senate and of the House of Rep9 resentatives to establish the baseline for application of re10 programming and transfer authorities for the current fis11 cal year: Provided further, That the report shall include 

12 (1) a table for each appropriation with a separate column 

13 to display the President’s budget request, adjustments 

14 made by Congress, adjustments due to enacted rescissions, 

15 if appropriate, and the fiscal year enacted level; (2) a de16 lineation in the table for each appropriation both by object 

17 class and program, project, and activity as detailed in the 

18 budget appendix for the respective appropriation; and (3) 

19 an identification of items of special congressional interest: 

20 Provided further, That the amount appropriated or limited 

21 for salaries and expenses for an agency shall be reduced 

22 by $100,000 per day for each day after the required date 

23 that the report has not been submitted to the Congress. 

24 SEC. 512. None of the funds made available in this 

25 Act may be used by the Executive Office of the President 
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1 to request from the Federal Bureau of Investigation any 

2 official background investigation report on any individual, 

3 except when— 

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

5 written consent for such request not more than 6 

6 months prior to the date of such request and during 

7 the same presidential administration; or 

8 (2) such request is required due to extraor9 dinary circumstances involving national security. 

10 SEC. 513. The cost accounting standards promul11 gated under section 26 of the Office of Federal Procure12 ment Policy Act (Public Law 93–400; 41 U.S.C. 422) 

13 shall not apply with respect to a contract under the Fed14 eral Employees Health Benefits Program established 

15 under chapter 89 of title 5, United States Code. 

16 SEC. 514. For the purpose of resolving litigation and 

17 implementing any settlement agreements regarding the 

18 nonforeign area cost-of-living allowance program, the Of19 fice of Personnel Management may accept and utilize 

20 (without regard to any restriction on unanticipated travel 

21 expenses imposed in an Appropriations Act) funds made 

22 available to the Office pursuant to court approval. 

23 SEC. 515. In order to promote Government access to 

24 commercial information technology, the restriction on pur25 chasing nondomestic articles, materials, and supplies set 
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1 forth in the Buy American Act (41 U.S.C. 10a et seq.), 

2 shall not apply to the acquisition by the Federal Govern3 ment of information technology (as defined in section 

4 11101 of title 40, United States Code, that is a commer5 cial item (as defined in section 4(12) of the Office of Fed6 eral Procurement Policy Act (41 U.S.C. 403(12)). 

7 SEC. 516. Public Law 108–199 is amended in Divi8 sion H, section 161, by inserting ‘‘and all Federal agen9 cies’’ after ‘‘Office of Management and Budget’’. 

10 SEC. 517. PROHIBITION ON DETERMINATION. Not11 withstanding any other provision of law, neither the Board 

12 of Governors of the Federal Reserve System nor the Sec13 retary of the Treasury may determine, by rule, regulation, 

14 order, or otherwise, for purposes of section 4(K) of the 

15 Bank Holding Company Act of 1956, or section 5136A 

16 of the Revised Statutes of the United States, that real es17 tate brokerage activity or real estate management activity 

18 (which, for purposes of this paragraph shall be defined to 

19 mean ‘‘real estate brokerage’’ and ‘‘property manage20 ment’’ respectively, as those terms were understood by the 

21 Federal Reserve Board prior to March 11, 2000) is an 

22 activity that is financial in nature, is incidental to any fi23 nancial activity, or is complementary to a financial activ24 ity. For purposes of this paragraph, ‘‘real estate brokerage 

25 activity’’ shall mean ‘‘real estate brokerage,’’ and ‘‘real es-
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1 tate management activity’’ shall mean ‘‘property manage2 ment,’’ as those terms were understood by the Federal Re3 serve Board prior to March 11, 2000. 

4 SEC. 518. TREATMENT OF THE TENNESSEE VALLEY

5 AUTHORITY. (a) SECURITIES ACT OF 1933.—The Securi6 ties Act of 1933 (15 U.S.C. 77a et seq.) is amended— 

7 (1) in section 3(a)(2) (15 U.S.C. 77c(a)(2)), by 

8 inserting ‘‘(other than the Tennessee Valley Author9 ity)’’ after ‘‘Congress of the United States’’; 

10 (2) in section 3 (15 U.S.C. 77c), by adding at 

11 the end the following: 

12 ‘‘(d) TENNESSEE VALLEY AUTHORITY BONDS NOT

13 EXEMPT.—Notwithstanding any provision of this title, no 

14 bond issued or sold by the Tennessee Valley Authority 

15 pursuant to section 15d of the Tennessee Valley Authority 

16 Act (16 U.S.C. 831n–3(d)) shall be exempt from the re17 quirements of this title.’’; and 

18 (3) in section 28 (15 U.S.C. 77z–3)— 

19 (A) by inserting ‘‘(a) IN GENERAL.—’’ be20 fore ‘‘The’’; and 

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

22 ‘‘(b) APPLICABILITY.—Notwithstanding subsection 

23 (a), the Commission may not exempt from any provision 

24 of this title, or any rule or regulation issued under this 

25 title any bond issued or sold by the Tennessee Valley Au-
135 

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1 thority pursuant to section 15d of the Tennessee Valley 

2 Authority Act (16 U.S.C. 831n–3(d)).’’. 

3 (b) SECURITIES EXCHANGE ACT OF 1934.—The Se4 curities Exchange Act of 1934 (15 U.S.C. 78a et seq.) 

5 is amended— 

6 (1) in section 3(c) (15 U.S.C. 78c(c)), by in7 serting ‘‘(other than the Tennessee Valley Author8 ity)’’ after ‘‘establishment of the United States’’; 

9 (2) in section 3 (15 U.S.C. 78c), by adding at 

10 the end the following: 

11 ‘‘(h) TENNESSEE VALLEY AUTHORITY.—Notwith12 standing any other provision of this title, no bond issued 

13 or sold by the Tennessee Valley Authority pursuant to sec14 tion 15d of the Tennessee Valley Authority Act (16 U.S.C. 

15 831n–3(d)) shall be exempt from the requirements of this 

16 title or the rules or regulations issued under this title.’’; 

17 and 

18 (3) in section 36(b) (15 U.S.C. 78mm(b))— 

19 (A) by striking ‘‘exempt any’’ and insert20 ing ‘‘exempt— 

21 ‘‘(1) any’’; 

22 (B) by striking the period at the end and 

23 inserting ‘‘; or’’; and 

24 (C) by adding at the end the following: 
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1 ‘‘(2) any bond issued by the Tennessee Valley 

2 Authority pursuant to section 15d of the Tennessee 

3 Valley Authority Act (16 U.S.C. 831n–3(d)).’’. 

4 SEC. 519. Section 307 of the Denali Commission Act 

5 of 1998 (42 U.S.C. 3121 note) is amended by adding at 

6 the end the following new subsection: 

7 ‘‘(e) DOCKS, WATERFRONT TRANSPORTATION DE8 VELOPMENT, AND RELATED INFRASTRUCTURE

9 PROJECTS.—The Secretary of Transportation is author10 ized to make direct lump sum payments to the Commis11 sion to construct docks, waterfront development projects, 

12 and related transportation infrastructure, provided the 

13 local community provides a ten percent non-federal match 

14 in the form of any necessary land or planning and design 

15 funds. To carry out this section, there is authorized to 

16 be appropriated such sums as may be necessary.’’. 

17 SEC. 520. (a) PRIVACY OFFICER.—Each agency shall 

18 have a Chief Privacy Officer to assume primary responsi19 bility for privacy and data protection policy, including— 

20 (1) assuring that the use of technologies sus21 tain, and do not erode, privacy protections relating 

22 to the use, collection, and disclosure of information 

23 in an identifiable form; 

24 (2) assuring that technologies used to collect, 

25 use, store, and disclose information in identifiable 
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1 form allow for continuous auditing of compliance 

2 with stated privacy policies and practices governing 

3 the collection, use and distribution of information in 

4 the operation of the program; 

5 (3) assuring that personal information con6 tained in Privacy Act systems of records is handled 

7 in full compliance with fair information practices as 

8 defined in the Privacy Act of 1974; 

9 (4) evaluating legislative and regulatory pro10 posals involving collection, use, and disclosure of 

11 personal information by the Federal Government; 

12 (5) conducting a privacy impact assessment of 

13 proposed rules of the Department on the privacy of 

14 information in an identifiable form, including the 

15 type of personally identifiable information collected 

16 and the number of people affected; 

17 (6) preparing a report to Congress on an an18 nual basis on activities of the Department that af19 fect privacy, including complaints of privacy viola20 tions, implementation of section 552a of title 5, 11 

21 United States Code, internal controls, and other rel22 evant matters; 

23 (7) ensuring that the Department protects in24 formation in an identifiable form and information 
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1 systems from unauthorized access, use, disclosure, 

2 disruption, modification, or destruction; 

3 (8) training and educating employees on privacy 

4 and data protection policies to promote awareness of 

5 and compliance with established privacy and data 

6 protection policies; and 

7 (9) ensuring compliance with the Departments 

8 established privacy and data protection policies. 

9 (b) ESTABLISHING PRIVACY AND DATA PROTECTION

10 PROCEDURES AND POLICIES.— 

11 (1) IN GENERAL.—Within 12 months of enact12 ment of this Act, each agency shall establish and im13 plement comprehensive privacy and data protection 

14 procedures governing the agency’s collection, use, 

15 sharing, disclosure, transfer, storage and security of 

16 information in an identifiable form relating to the 

17 agency employees and the public. Such procedures 

18 shall be consistent with legal and regulatory guid19 ance, including OMB regulations, the Privacy Act of 

20 1974, and section 208 of the E-Government Act of 

21 2002. 

22 (c) RECORDING.—Each agency shall prepare a writ23 ten report of its use of information in an identifiable form, 

24 along with its privacy and data protection policies and pro25 cedures and record it with the Inspector General of the 
139 

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1 agency to serve as a benchmark for the agency. Each re2 port shall be signed by the agency privacy officer to verify 

3 that the agency intends to comply with the procedures in 

4 the report. By signing the report the privacy officer also 

5 verifies that the agency is only using information in identi6 fiable form as detailed in the report. 

7 (d) INDEPENDENT, THIRD-PARTY REVIEW.— 

8 (1) IN GENERAL.—At least every 2 years, each 

9 agency shall have performed an independent, third 

10 party review of the use of information in identifiable 

11 form as the privacy and data protection procedures 

12 of the agency to— 

13 (A) determine the accuracy of the descrip14 tion of the use of information in identifiable 

15 form; 

16 (B) determine the effectiveness of the pri17 vacy and data protection procedures; 

18 (C) ensure compliance with the stated pri19 vacy and data protection policies of the agency 

20 and applicable laws and regulations; and 

21 (D) ensure that all technologies used to 

22 collect, use, store, and disclose information in 

23 identifiable form allow for continuous auditing 

24 of compliance with stated privacy policies and 

25 practices governing the collection, use and dis-
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1 tribution of information in the operation of the 

2 program. 

3 (2) PURPOSES.—The purposes of reviews under 

4 this subsection are to— 

5 (A) ensure the agency’s description of the 

6 use of information in an identifiable form is ac7 curate and accounts for the agency’s current 

8 technology and its processing of information in 

9 an identifiable form. 

10 (B) measure actual privacy and data pro11 tection practices against the agency’s recorded 

12 privacy and data protection procedures; 

13 (C) ensure compliance and consistency 

14 with both online and offline stated privacy and 

15 data protection policies; and 

16 (D) provide agencies with ongoing aware17 ness and recommendations regarding privacy 

18 and data protection procedures. 

19 (3) REQUIREMENTS OF REVIEW.—The Inspec20 tor General of each agency shall contract with an 

21 independent, third party that is a recognized leader 

22 in privacy consulting, privacy technology, data collec23 tion and data use management, and global privacy 

24 issues, to— 
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1 (A) evaluate the agency’s use of informa2 tion in identifiable form; 

3 (B) evaluate the privacy and data protec4 tion procedures of the agency; and 

5 (C) recommend strategies and specific 

6 steps to improve privacy and data protection 

7 management. 

8 (4) CONTENT.—Each review under this sub9 section shall include— 

10 (A) a review of the agency’s technology, 

11 practices and procedures with regard to the col12 lection, use, sharing, disclosure, transfer and 

13 storage of information in identifiable form; 

14 (B) a review of the agency’s stated privacy 

15 and data protection procedures with regard to 

16 the collection, use, sharing, disclosure, transfer, 

17 and security of personal information in identifi18 able form relating to agency employees and the 

19 public; 

20 (C) a detailed analysis of agency intranet, 

21 network and Websites for privacy 

22 vulnerabilities, including— 

23 (i) noncompliance with stated prac24 tices, procedures and policies; and 
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1 (ii) risks for inadvertent release of in2 formation in an identifiable form from the 

3 website of the agency. 

4 (D) a review of agency compliance with 

5 this act. 

6 (e) REPORT.— 

7 (1) IN GENERAL.—Upon completion of a re8 view, the Inspector General of an agency shall sub9 mit to the head of that agency a detailed report on 

10 the review, including recommendations for improve11 ments or enhancements to management of informa12 tion in identifiable form, and the privacy and data 

13 protection procedures of the agency. 

14 (2) INTERNET AVAILABILITY.—Each agency 

15 shall make each independent third party review, and 

16 each report of the Inspector General relating to that 

17 review available to the public. 

18 (f) DEFINITION.—In this section, the definition of 

19 ‘‘identifiable form’’ is consistent with Public Law 107– 

20 347, the E-Government Act of 2002, and means any rep21 resentation of information that permits the identity of an 

22 individual to whom the information applies to be reason23 ably inferred by either direct or indirect means. 

24 SEC. 521. Section 312a(a) of the Federal Election 

25 Campaign Act of 1971 (2 U.S.C. 439a(a)) is amended— 
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1 (1) by striking the ‘‘or’’ at the end of para2 graph (a)(3); 

3 (2) by striking the period, and adding a semi4 colon at the end of paragraph (a)(4); 

5 (3) by adding a new paragraph (a)(5) to read 

6 as follows: ‘‘(5) for donations to State and local can7 didates subject to the provisions of State law; or’’; 

8 and 

9 (4) by adding a new paragraph (a)(6) to read 

10 as follows: ‘‘(6) for any other lawful purpose unless 

11 prohibited by subsection (b) of this section.’’. 

12 SEC. 522. Section 302(e)(3)(B) of the Federal Elec13 tion Campaign Act of 1971 (2 U.S.C. 432(e)(3)(B)) is 

14 amended by striking ‘‘$1,000’’ and inserting in its place 

15 ‘‘$2,000’’. 

16 SEC. 523. The Former Presidents Act, 3 U.S.C. 102, 

17 note, is amended to add the following at the end of Section 

18 1(b): ‘‘Amounts provided for ‘Allowances and Office Staff 

19 for Former Presidents’ may be used to pay fees of an inde20 pendent contractor who is not a member of the staff of 

21 the office of a former President for the review of Presi22 dential records of a former President in connection with 

23 the transfer of such records to the National Archives and 

24 Records Administration or a Presidential Library without 
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1 regard to the limitation on staff compensation set forth 

2 herein.’’. 

3 TITLE VI 

4 GENERAL PROVISIONS 

5 DEPARTMENTS, AGENCIES, AND CORPORATIONS

6 SEC. 601. Funds appropriated in this or any other 

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

8 the immediate family of employees serving abroad in cases 

9 of death or life threatening illness of said employee. 

10 SEC. 602. No department, agency, or instrumentality 

11 of the United States receiving appropriated funds under 

12 this or any other Act for fiscal year 2005 shall obligate 

13 or expend any such funds, unless such department, agen14 cy, or instrumentality has in place, and will continue to 

15 administer in good faith, a written policy designed to en16 sure that all of its workplaces are free from the illegal 

17 use, possession, or distribution of controlled substances 

18 (as defined in the Controlled Substances Act) by the offi19 cers and employees of such department, agency, or instru20 mentality. 

21 SEC. 603. Unless otherwise specifically provided, the 

22 maximum amount allowable during the current fiscal year 

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

24 (60 Stat. 810), for the purchase of any passenger motor 

25 vehicle (exclusive of buses, ambulances, law enforcement, 
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1 and undercover surveillance vehicles), is hereby fixed at 

2 $8,100 except station wagons for which the maximum 

3 shall be $9,100: Provided, That these limits may be ex4 ceeded by not to exceed $3,700 for police-type vehicles, 

5 and by not to exceed $4,000 for special heavy-duty vehi6 cles: Provided further, That the limits set forth in this sec7 tion may not be exceeded by more than 5 percent for elec8 tric or hybrid vehicles purchased for demonstration under 

9 the provisions of the Electric and Hybrid Vehicle Re10 search, Development, and Demonstration Act of 1976: 

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

12 may be exceeded by the incremental cost of clean alter13 native fuels vehicles acquired pursuant to Public Law 

14 101–549 over the cost of comparable conventionally fueled 

15 vehicles. 

16 SEC. 604. Appropriations of the executive depart17 ments and independent establishments for the current fis18 cal year available for expenses of travel, or for the ex19 penses of the activity concerned, are hereby made available 

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

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

22 SEC. 605. Unless otherwise specified during the cur23 rent fiscal year, no part of any appropriation contained 

24 in this or any other Act shall be used to pay the compensa25 tion of any officer or employee of the Government of the 
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1 United States (including any agency the majority of the 

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

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

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

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

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

7 for citizenship, has filed a declaration of intention to be8 come a citizen of the United States prior to such date and 

9 is actually residing in the United States; (3) is a person 

10 who owes allegiance to the United States; (4) is an alien 

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

12 former Soviet Union, or the Baltic countries lawfully ad13 mitted to the United States for permanent residence; (5) 

14 is a South Vietnamese, Cambodian, or Laotian refugee pa15 roled in the United States after January 1, 1975; or (6) 

16 is a national of the People’s Republic of China who quali17 fies for adjustment of status pursuant to the Chinese Stu18 dent Protection Act of 1992: Provided, That for the pur19 pose of this section, an affidavit signed by any such person 

20 shall be considered prima facie evidence that the require21 ments of this section with respect to his or her status have 

22 been complied with: Provided further, That any person 

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

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

25 imprisoned for not more than 1 year, or both: Provided 
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1 further, That the above penal clause shall be in addition 

2 to, and not in substitution for, any other provisions of ex3 isting law: Provided further, That any payment made to 

4 any officer or employee contrary to the provisions of this 

5 section shall be recoverable in action by the Federal Gov6 ernment. This section shall not apply to citizens of Ire7 land, Israel, or the Republic of the Philippines, or to na8 tionals of those countries allied with the United States in 

9 a current defense effort, or to international broadcasters 

10 employed by the United States Information Agency, or to 

11 temporary employment of translators, or to temporary em12 ployment in the field service (not to exceed 60 days) as 

13 a result of emergencies. 

14 SEC. 606. Appropriations available to any depart15 ment or agency during the current fiscal year for nec16 essary expenses, including maintenance or operating ex17 penses, shall also be available for payment to the General 

18 Services Administration for charges for space and services 

19 and those expenses of renovation and alteration of build20 ings and facilities which constitute public improvements 

21 performed in accordance with the Public Buildings Act of 

22 1959 (73 Stat. 749), the Public Buildings Amendments 

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

24 SEC. 607. In addition to funds provided in this or 

25 any other Act, all Federal agencies are authorized to re-
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1 ceive and use funds resulting from the sale of materials, 

2 including Federal records disposed of pursuant to a 

3 records schedule recovered through recycling or waste pre4 vention programs. Such funds shall be available until ex5 pended for the following purposes: 

6 (1) Acquisition, waste reduction and prevention, 

7 and recycling programs as described in Executive 

8 Order No. 13101 (September 14, 1998), including 

9 any such programs adopted prior to the effective 

10 date of the Executive order. 

11 (2) Other Federal agency environmental man12 agement programs, including, but not limited to, the 

13 development and implementation of hazardous waste 

14 management and pollution prevention programs. 

15 (3) Other employee programs as authorized by 

16 law or as deemed appropriate by the head of the 

17 Federal agency. 

18 SEC. 608. Funds made available by this or any other 

19 Act for administrative expenses in the current fiscal year 

20 of the corporations and agencies subject to chapter 91 of 

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

22 to objects for which such funds are otherwise available, 

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

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

25 head, all the provisions of which shall be applicable to the 
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1 expenditure of such funds unless otherwise specified in the 

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

3 the event any functions budgeted as administrative ex4 penses are subsequently transferred to or paid from other 

5 funds, the limitations on administrative expenses shall be 

6 correspondingly reduced. 

7 SEC. 609. No part of any appropriation for the cur8 rent fiscal year contained in this or any other Act shall 

9 be paid to any person for the filling of any position for 

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

11 voted not to approve the nomination of said person. 

12 SEC. 610. No part of any appropriation contained in 

13 this or any other Act shall be available for interagency 

14 financing of boards (except Federal Executive Boards), 

15 commissions, councils, committees, or similar groups 

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

17 not have a prior and specific statutory approval to receive 

18 financial support from more than one agency or instru19 mentality. 

20 SEC. 611. Funds made available by this or any other 

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

22 be available for employment of guards for all buildings and 

23 areas owned or occupied by the Postal Service and under 

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

25 guards shall have, with respect to such property, the pow-
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1 ers of special policemen provided by the first section of 

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

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

4 the Postal Service, the Postmaster General may take the 

5 same actions as the Administrator of General Services 

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

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

8 318a and 318b), attaching thereto penal consequences 

9 under the authority and within the limits provided in sec10 tion 4 of the Act of June 1, 1948, as amended (62 Stat. 

11 281; 40 U.S.C. 318c). 

12 SEC. 612. None of the funds made available pursuant 

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

14 administer, or enforce any regulation which has been dis15 approved pursuant to a resolution of disapproval duly 

16 adopted in accordance with the applicable law of the 

17 United States. 

18 SEC. 613. (a) Notwithstanding any other provision 

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

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

21 2005, by this or any other Act, may be used to pay any 

22 prevailing rate employee described in section 

23 5342(a)(2)(A) of title 5, United States Code— 

24 (1) during the period from the date of expira25 tion of the limitation imposed by the comparable sec-
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1 tion for previous fiscal years until the normal effec2 tive date of the applicable wage survey adjustment 

3 that is to take effect in fiscal year 2005, in an 

4 amount that exceeds the rate payable for the appli5 cable grade and step of the applicable wage schedule 

6 in accordance with such section; and 

7 (2) during the period consisting of the remain8 der of fiscal year 2005, in an amount that exceeds, 

9 as a result of a wage survey adjustment, the rate 

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

11 of— 

12 (A) the percentage adjustment taking ef13 fect in fiscal year 2005 under section 5303 of 

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

15 under the General Schedule; and 

16 (B) the difference between the overall aver17 age percentage of the locality-based com18 parability payments taking effect in fiscal year 

19 2005 under section 5304 of such title (whether 

20 by adjustment or otherwise), and the overall av21 erage percentage of such payments which was 

22 effective in the previous fiscal year under such 

23 section. 

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

25 prevailing rate employee described in subparagraph (B) or 
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1 (C) of section 5342(a)(2) of title 5, United States Code, 

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

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

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

5 be payable under subsection (a) were subsection (a) appli6 cable to such employee. 

7 (c) For the purposes of this section, the rates payable 

8 to an employee who is covered by this section and who 

9 is paid from a schedule not in existence on September 30, 

10 2004, shall be determined under regulations prescribed by 

11 the Office of Personnel Management. 

12 (d) Notwithstanding any other provision of law, rates 

13 of premium pay for employees subject to this section may 

14 not be changed from the rates in effect on September 30, 

15 2004, except to the extent determined by the Office of 

16 Personnel Management to be consistent with the purpose 

17 of this section. 

18 (e) This section shall apply with respect to pay for 

19 service performed after September 30, 2004. 

20 (f) For the purpose of administering any provision 

21 of law (including any rule or regulation that provides pre22 mium pay, retirement, life insurance, or any other em23 ployee benefit) that requires any deduction or contribu24 tion, or that imposes any requirement or limitation on the 

25 basis of a rate of salary or basic pay, the rate of salary 
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1 or basic pay payable after the application of this section 

2 shall be treated as the rate of salary or basic pay. 

3 (g) Nothing in this section shall be considered to per4 mit or require the payment to any employee covered by 

5 this section at a rate in excess of the rate that would be 

6 payable were this section not in effect. 

7 (h) The Office of Personnel Management may provide 

8 for exceptions to the limitations imposed by this section 

9 if the Office determines that such exceptions are necessary 

10 to ensure the recruitment or retention of qualified employ11 ees. 

12 SEC. 614. During the period in which the head of 

13 any department or agency, or any other officer or civilian 

14 employee of the Government appointed by the President 

15 of the United States, holds office, no funds may be obli16 gated or expended in excess of $5,000 to furnish or re17 decorate the office of such department head, agency head, 

18 officer, or employee, or to purchase furniture or make im19 provements for any such office, unless advance notice of 

20 such furnishing or redecoration is expressly approved by 

21 the Committees on Appropriations. For the purposes of 

22 this section, the term ‘‘office’’ shall include the entire suite 

23 of offices assigned to the individual, as well as any other 

24 space used primarily by the individual or the use of which 

25 is directly controlled by the individual. 
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1 SEC. 615. Notwithstanding section 1346 of title 31, 

2 United States Code, or section 610 of this Act, funds 

3 made available for the current fiscal year by this or any 

4 other Act shall be available for the interagency funding 

5 of national security and emergency preparedness tele6 communications initiatives which benefit multiple Federal 

7 departments, agencies, or entities, as provided by Execu8 tive Order No. 12472 (April 3, 1984). 

9 SEC. 616. (a) None of the funds appropriated by this 

10 or any other Act may be obligated or expended by any 

11 Federal department, agency, or other instrumentality for 

12 the salaries or expenses of any employee appointed to a 

13 position of a confidential or policy-determining character 

14 excepted from the competitive service pursuant to section 

15 3302 of title 5, United States Code, without a certification 

16 to the Office of Personnel Management from the head of 

17 the Federal department, agency, or other instrumentality 

18 employing the Schedule C appointee that the Schedule C 

19 position was not created solely or primarily in order to 

20 detail the employee to the White House. 

21 (b) The provisions of this section shall not apply to 

22 Federal employees or members of the armed services de23 tailed to or from— 

24 (1) the Central Intelligence Agency; 

25 (2) the National Security Agency; 
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1 (3) the Defense Intelligence Agency; 

2 (4) the offices within the Department of De3 fense for the collection of specialized national foreign 

4 intelligence through reconnaissance programs; 

5 (5) the Bureau of Intelligence and Research of 

6 the Department of State; 

7 (6) any agency, office, or unit of the Army, 

8 Navy, Air Force, and Marine Corps, the Department 

9 of Homeland Security, the Federal Bureau of Inves10 tigation and the Drug Enforcement Administration 

11 of the Department of Justice, the Department of 

12 Transportation, the Department of the Treasury, 

13 and the Department of Energy performing intel14 ligence functions; and 

15 (7) the Director of Central Intelligence. 

16 SEC. 617. No department, agency, or instrumentality 

17 of the United States receiving appropriated funds under 

18 this or any other Act for the current fiscal year shall obli19 gate or expend any such funds, unless such department, 

20 agency, or instrumentality has in place, and will continue 

21 to administer in good faith, a written policy designed to 

22 ensure that all of its workplaces are free from discrimina23 tion and sexual harassment and that all of its workplaces 

24 are not in violation of title VII of the Civil Rights Act 
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1 of 1964, as amended, the Age Discrimination in Employ2 ment Act of 1967, and the Rehabilitation Act of 1973. 

3 SEC. 618. No part of any appropriation contained in 

4 this or any other Act shall be available for the payment 

5 of the salary of any officer or employee of the Federal 

6 Government, who— 

7 (1) prohibits or prevents, or attempts or threat8 ens to prohibit or prevent, any other officer or em9 ployee of the Federal Government from having any 

10 direct oral or written communication or contact with 

11 any Member, committee, or subcommittee of the 

12 Congress in connection with any matter pertaining 

13 to the employment of such other officer or employee 

14 or pertaining to the department or agency of such 

15 other officer or employee in any way, irrespective of 

16 whether such communication or contact is at the ini17 tiative of such other officer or employee or in re18 sponse to the request or inquiry of such Member, 

19 committee, or subcommittee; or 

20 (2) removes, suspends from duty without pay, 

21 demotes, reduces in rank, seniority, status, pay, or 

22 performance of efficiency rating, denies promotion 

23 to, relocates, reassigns, transfers, disciplines, or dis24 criminates in regard to any employment right, enti25 tlement, or benefit, or any term or condition of em-
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1 ployment of, any other officer or employee of the 

2 Federal Government, or attempts or threatens to 

3 commit any of the foregoing actions with respect to 

4 such other officer or employee, by reason of any 

5 communication or contact of such other officer or 

6 employee with any Member, committee, or sub7 committee of the Congress as described in paragraph 

8 (1). 

9 SEC. 619. (a) None of the funds made available in 

10 this or any other Act may be obligated or expended for 

11 any employee training that— 

12 (1) does not meet identified needs for knowl13 edge, skills, and abilities bearing directly upon the 

14 performance of official duties; 

15 (2) contains elements likely to induce high lev16 els of emotional response or psychological stress in 

17 some participants; 

18 (3) does not require prior employee notification 

19 of the content and methods to be used in the train20 ing and written end of course evaluation; 

21 (4) contains any methods or content associated 

22 with religious or quasi-religious belief systems or 

23 ‘‘new age’’ belief systems as defined in Equal Em24 ployment Opportunity Commission Notice N– 

25 915.022, dated September 2, 1988; or 
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1 (5) is offensive to, or designed to change, par2 ticipants’ personal values or lifestyle outside the 

3 workplace. 

4 (b) Nothing in this section shall prohibit, restrict, or 

5 otherwise preclude an agency from conducting training 

6 bearing directly upon the performance of official duties. 

7 SEC. 620. 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. 621. 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. 622. 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. 623. 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. 624. 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. 625. (a) In this section the term ‘‘agency’’— 

24 (1) means an Executive agency as defined 

25 under section 105 of title 5, United States Code; 
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1 (2) includes a military department as defined 

2 under section 102 of such title, the Postal Service, 

3 and the Postal Rate Commission; and 

4 (3) shall not include the General Accounting 

5 Office. 

6 (b) Unless authorized in accordance with law or regu7 lations to use such time for other purposes, an employee 

8 of an agency shall use official time in an honest effort 

9 to perform official duties. An employee not under a leave 

10 system, including a Presidential appointee exempted under 

11 section 6301(2) of title 5, United States Code, has an obli12 gation to expend an honest effort and a reasonable propor13 tion of such employee’s time in the performance of official 

14 duties. 

15 SEC. 626. Notwithstanding 31 U.S.C. 1346 and sec16 tion 610 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. 627. Notwithstanding 31 U.S.C. 1346 and sec25 tion 610 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 ‘‘Government-wide 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, the Chief Human Capital 

18 Officers Council for human capital initiatives, and the 

19 Federal Acquisition Council for procurement initiatives). 

20 The total funds transferred or reimbursed shall not exceed 

21 $17,000,000. Such transfers or reimbursements may only 

22 be made 15 days following notification of the Committees 

23 on Appropriations by the Director of the Office of Man24 agement and Budget. 
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1 SEC. 628. None of the funds made available in this 

2 or any other Act may be used by the Office of Personnel 

3 Management or any other department or agency of the 

4 Federal Government to prohibit any agency from using 

5 appropriated funds as they see fit to independently con6 tract with private companies to provide online employment 

7 applications and processing services. 

8 SEC. 629. Notwithstanding any other provision of 

9 law, a woman may breastfeed her child at any location 

10 in a Federal building or on Federal property, if the woman 

11 and her child are otherwise authorized to be present at 

12 the location. 

13 SEC. 630. Nothwithstanding section 1346 of title 31, 

14 United States Code, or section 610 of this Act, funds 

15 made available for the current fiscal year by this or any 

16 other Act shall be available for the interagency funding 

17 of specific projects, workshops, studies, and similar efforts 

18 to carry out the purposes of the National Science and 

19 Technology Council (authorized by Executive Order No. 

20 12881), which benefit multiple Federal departments, 

21 agencies, or entities: Provided, That the Office of Manage22 ment and Budget shall provide a report describing the 

23 budget of and resources connected with the National 

24 Science and Technology Council to the Committees on Ap25 propriations, the House Committee on Science; and the 
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1 Senate Committee on Commerce, Science, and Transpor2 tation 90 days after enactment of this Act. 

3 SEC. 631. Any request for proposals, solicitation, 

4 grant application, form, notification, press release, or 

5 other publications involving the distribution of Federal 

6 funds shall indicate the agency providing the funds, the 

7 Catalog of Federal Domestic Assistance Number, as appli8 cable, and the amount provided. This provision shall apply 

9 to direct payments, formula funds, and grants received by 

10 a State receiving Federal funds. 

11 SEC. 632. Subsection (f) of section 403 of Public Law 

12 103–356 (31 U.S.C. 501 note), as amended, is further 

13 amended by striking ‘‘October 1, 2004’’ and inserting 

14 ‘‘October 1, 2005’’. 

15 SEC. 633. (a) PROHIBITION OF FEDERAL AGENCY

16 MONITORING OF INDIVIDUALS’ INTERNET USE.—None of 

17 the funds made available in this or any other Act may 

18 be used by any Federal agency— 

19 (1) to collect, review, or create any aggregation 

20 of data, derived from any means, that includes any 

21 personally identifiable information relating to an in22 dividual’s access to or use of any Federal Govern23 ment Internet site of the agency; or 

24 (2) to enter into any agreement with a third 

25 party (including another government agency) to col-
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1 lect, review, or obtain any aggregation of data, de2 rived from any means, that includes any personally 

3 identifiable information relating to an individual’s 

4 access to or use of any nongovernmental Internet 

5 site. 

6 (b) EXCEPTIONS.—The limitations established in 

7 subsection (a) shall not apply to— 

8 (1) any record of aggregate data that does not 

9 identify particular persons; 

10 (2) any voluntary submission of personally iden11 tifiable information; 

12 (3) any action taken for law enforcement, regu13 latory, or supervisory purposes, in accordance with 

14 applicable law; or 

15 (4) any action described in subsection (a)(1) 

16 that is a system security action taken by the oper17 ator of an Internet site and is necessarily incident 

18 to the rendition of the Internet site services or to the 

19 protection of the rights or property of the provider 

20 of the Internet site. 

21 (c) DEFINITIONS.—For the purposes of this section: 

22 (1) The term ‘‘regulatory’’ means agency ac23 tions to implement, interpret or enforce authorities 

24 provided in law. 
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1 (2) The term ‘‘supervisory’’ means examina2 tions of the agency’s supervised institutions, includ3 ing assessing safety and soundness, overall financial 

4 condition, management practices and policies and 

5 compliance with applicable standards as provided in 

6 law. 

7 SEC. 634. (a) None of the funds appropriated by this 

8 Act may be used to enter into or renew a contract which 

9 includes a provision providing prescription drug coverage, 

10 except where the contract also includes a provision for con11 traceptive coverage. 

12 (b) Nothing in this section shall apply to a contract 

13 with— 

14 (1) any of the following religious plans: 

15 (A) Personal Care’s HMO; and 

16 (B) OSF Health Plans, Inc.; and 

17 (2) any existing or future plan, if the carrier 

18 for the plan objects to such coverage on the basis of 

19 religious beliefs. 

20 (c) In implementing this section, any plan that enters 

21 into or renews a contract under this section may not sub22 ject any individual to discrimination on the basis that the 

23 individual refuses to prescribe or otherwise provide for 

24 contraceptives because such activities would be contrary 

25 to the individual’s religious beliefs or moral convictions. 
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1 (d) Nothing in this section shall be construed to re2 quire coverage of abortion or abortion-related services. 

3 SEC. 635. The Congress of the United States recog4 nizes the United States Anti-Doping Agency (USADA) as 

5 the official anti-doping agency for Olympic, Pan Amer6 ican, and Paralympic sport in the United States. 

7 SEC. 636. None of the funds made available under 

8 this or any other Act for fiscal year 2005 and each fiscal 

9 year thereafter shall be expended for the purchase of a 

10 product or service offered by Federal Prison Industries, 

11 Inc. unless the agency making such purchase determines 

12 that such offered product or service provides the best value 

13 to the buying agency pursuant to governmentwide pro14 curement regulations, issued pursuant to section 25(c)(1) 

15 of the Office of Federal Procurement Act (41 U.S.C. 

16 421(c)(1)) that impose procedures, standards, and limita17 tions of section 2410n of title 10, United States Code. 

18 SEC. 637. Each Executive department and agency 

19 shall evaluate the creditworthiness of an individual before 

20 issuing the individual a government purchase charge card 

21 or government travel charge card. The department or 

22 agency may not issue a government purchase charge card 

23 or government travel charge card to an individual that ei24 ther lacks a credit history or is found to have an unsatis25 factory credit history as a result of this evaluation: Pro-
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1 vided, That this restriction shall not preclude issuance of 

2 a restricted-use charge, debit, or stored value card made 

3 in accordance with agency procedures to (a) an individual 

4 with an unsatisfactory credit history where such card is 

5 used to pay travel expenses and the agency determines 

6 there is no suitable alternative payment mechanism avail7 able before issuing the card, or (b) an individual who lacks 

8 a credit history. Each Executive department and agency 

9 shall establish guidelines and procedures for disciplinary 

10 actions to be taken against agency personnel for improper, 

11 fraudulent, or abusive use of government charge cards, 

12 which shall include appropriate disciplinary actions for use 

13 of charge cards for purposes, and at establishments, that 

14 are inconsistent with the official business of the Depart15 ment or agency or with applicable standards of conduct. 

16 SEC. 638. Notwithstanding any other provision of 

17 law, funds appropriated for official travel by Federal de18 partments and agencies may be used by such departments 

19 and agencies, if consistent with Office of Management and 

20 Budget Circular A–126 regarding official travel for Gov21 ernment personnel, to participate in the fractional aircraft 

22 ownership pilot program. 

23 SEC. 639. (a) Not later than 180 days after the en24 actment of this Act, the head of each Federal agency shall 

25 submit a report to Congress on the amount of the acquisi-
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1 tions made by the agency from entities that manufacture 

2 the articles, materials, or supplies outside of the United 

3 States in that fiscal year. 

4 (b) The report required by subsection (a) shall sepa5 rately indicate— 

6 (1) the dollar value of any articles, materials, or 

7 supplies purchased that were manufactured outside 

8 of the United States; 

9 (2) an itemized list of all waivers granted with 

10 respect to such articles, materials, or supplies under 

11 the Buy American Act (41 U.S.C. 10a et seq.); and 

12 (3) a summary of the total procurement funds 

13 spent on goods manufactured in the United States 

14 versus funds spent on goods manufactured outside 

15 of the United States. 

16 (c) The head of each Federal agency submitting a 

17 report under subsection (a) shall make the report publicly 

18 available to the maximum extent practicable. 

19 SEC. 640. (a) The adjustment in rates of basic pay 

20 for employees under the statutory pay systems that takes 

21 effect in fiscal year 2005 under sections 5303 and 5304 

22 of title 5, United States Code, shall be an increase of 3.5 

23 percent, and this adjustment shall apply to civilian em24 ployees in the Department of Defense and the Department 

25 of Homeland Security and such adjustments shall be effec-
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1 tive as of the first day of the first applicable pay period 

2 beginning on or after January 1, 2005. 

3 (b) Notwithstanding section 613 of this Act, the ad4 justment in rates of basic pay for the statutory pay sys5 tems that take place in fiscal year 2005 under sections 

6 5344 and 5348 of title 5, United States Code, shall be 

7 no less than the percentage in paragraph (a) as employees 

8 in the same location whose rates of basic pay are adjusted 

9 pursuant to the statutory pay systems under section 5303 

10 and 5304 of title 5, United States Code. Prevailing rate 

11 employees at locations where there are no employees whose 

12 pay is increased pursuant to sections 5303 and 5304 of 

13 title 5 and prevailing rate employees described in section 

14 5343(a)(5) of title 5 shall be considered to be located in 

15 the pay locality designated as ‘‘Rest of US’’ pursuant to 

16 section 5304 of title 5 for purposes of this paragraph. 

17 (c) Funds used to carry out this section shall be paid 

18 from appropriations, which are made to each applicable 

19 department or agency for salaries and expenses for fiscal 

20 year 2005. 

21 SEC. 641. Notwithstanding any other provision of 

22 law, no executive branch agency shall purchase, construct, 

23 and/or lease any additional facilities, except within or con24 tiguous to existing locations, to be used for the purpose 

25 of conducting Federal law enforcement training without 
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1 the advance approval of the Committees on Appropria2 tions, except that the Federal Law Enforcement Training 

3 Center is authorized to obtain the temporary use of addi4 tional facilities by lease, contract, or other agreement for 

5 training which cannot be accommodated in existing Center 

6 facilities. 

7 SEC. 642. Subsection (e) of section 3716 of title 31, 

8 United States Code, is amended to read as follows: 

9 ‘‘(e)(1) Notwithstanding any other provision of law 

10 (including 42 U.S.C. 407 and 1383(d)(1), 30 U.S.C. 

11 923(b), and 45 U.S.C. 231(m), regulation, or administra12 tive limitation, no limitation shall terminate the period 

13 within which an offset may be initiated or taken pursuant 

14 to this section. 

15 ‘‘(2) This section does not apply when a statute ex16 plicitly prohibits using administrative offset or setoff to 

17 collect the claim or type of claim involved.’’. 

18 SEC. 643. Section 653(j) of title 42, United States 

19 Code, is amended by adding at the end the following new 

20 paragraph: 

21 ‘‘(7) INFORMATION COMPARISONS AND DISCLO22 SURE TO ASSIST IN FEDERAL DEBT COLLECTION.— 

23 ‘‘(A) FURNISHING OF INFORMATION BY

24 THE SECRETARY OF THE TREASURY.—The Sec25 retary of the Treasury shall furnish to the Sec-
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1 retary, on such periodic basis as determined by 

2 the Secretary of the Treasury in consultation 

3 with the Secretary, information in the custody 

4 of the Secretary of the Treasury for comparison 

5 with information in the National Directory of 

6 New Hires, in order to obtain information in 

7 such Directory with respect to persons— 

8 ‘‘(i) who owe delinquent nontax debt 

9 to the United States; and 

10 (ii) whose debt has been referred to 

11 the Secretary of the Treasury in accord12 ance with 31 U.S.C. 3711(g). 

13 ‘‘(B) REQUIREMENT TO SEEK MINIMUM

14 INFORMATION.—The Secretary of the Treasury 

15 shall seek information pursuant to this section 

16 only to the extent necessary to improve collec17 tion of the debt described in subparagraph (A). 

18 ‘‘(C) DUTIES OF THE SECRETARY.— 

19 ‘‘(i) INFORMATION DISCLOSURE.—The 

20 Secretary, in cooperation with the Sec21 retary of the Treasury, shall compare in22 formation in the National Directory of 

23 New Hires with information provided by 

24 the Secretary of the Treasury with respect 

25 to persons described in subparagraph (A) 
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1 and shall disclose information in such Di2 rectory regarding such persons to the Sec3 retary of the Treasury in accordance with 

4 this paragraph, for the purposes specified 

5 in this paragraph. Such comparison of in6 formation shall not be considered a match7 ing program as defined in 5 U.S.C. 552a. 

8 ‘‘(ii) CONDITION ON DISCLOSURE.— 

9 The Secretary shall make disclosures in ac10 cordance with clause (i) only to the extent 

11 that the Secretary determines that such 

12 disclosures do not interfere with the effec13 tive operation of the program under this 

14 part. Support collection under section 

15 466(b) of this title shall be given priority 

16 over collection of any delinquent federal 

17 nontax debt against the same income. 

18 ‘‘(D) USE OF INFORMATION BY THE SEC19 RETARY OF THE TREASURY.—The Secretary of 

20 the Treasury may use information provided 

21 under this paragraph only for purposes of col22 lecting the debt described in subparagraph (A). 

23 ‘‘(E) DISCLOSURE OF INFORMATION BY

24 THE SECRETARY OF THE TREASURY.— 
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1 ‘‘(i) PURPOSE OF DISCLOSURE.—The 

2 Secretary of the Treasury may make a dis3 closure under this subparagraph only for 

4 purposes of collecting the debt described in 

5 subparagraph (A). 

6 ‘‘(ii) DISCLOSURES PERMITTED.— 

7 Subject to clauses (iii) and (iv), the Sec8 retary of the Treasury may disclose infor9 mation resulting from a data match pursu10 ant to this paragraph only to the Attorney 

11 General in connection with collecting the 

12 debt described in subparagraph (A). 

13 ‘‘(iii) CONDITIONS ON DISCLOSURE.— 

14 Disclosures under this subparagraph shall 

15 be— 

16 ‘‘(I) made in accordance with 

17 data security and control policies es18 tablished by the Secretary of the 

19 Treasury and approved by the Sec20 retary; 

21 ‘‘(II) subject to audit in a man22 ner satisfactory to the Secretary; and 

23 ‘‘(III) subject to the sanctions 

24 under subsection (l)(2). 

25 ‘‘(iv) ADDITIONAL DISCLOSURES.— 
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1 ‘‘(I) DETERMINATION BY SECRE2 TARIES.—The Secretary of the Treas3 ury and the Secretary shall determine 

4 whether to permit disclosure of infor5 mation under this paragraph to per6 sons or entities described in subclause 

7 (II), based on an evaluation made by 

8 the Secretary of the Treasury (in con9 sultation with and approved by the 

10 Secretary), of the costs and benefits 

11 of such disclosures and the adequacy 

12 of measures used to safeguard the se13 curity and confidentiality of informa14 tion so disclosed. 

15 ‘‘(II) PERMITTED PERSONS OR

16 ENTITIES.—If the Secretary of the 

17 Treasury and the Secretary determine 

18 pursuant to subclause (I) that disclo19 sures to additional persons or entities 

20 shall be permitted, information under 

21 this paragraph may be disclosed by 

22 the Secretary of the Treasury, in con23 nection with collecting the debt de24 scribed in subparagraph (A), to a con25 tractor or agent of either Secretary 
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1 and to the Federal agency that re2 ferred such debt to the Secretary of 

3 the Treasury for collection, subject to 

4 the conditions in clause (iii) and such 

5 additional conditions as agreed to by 

6 the Secretaries. 

7 ‘‘(v) RESTRICTIONS ON REDISCLO8 SURE.—A person or entity to which infor9 mation is disclosed under this subpara10 graph may use or disclose such informa11 tion only as needed for collecting the debt 

12 described in subparagraph (A), subject to 

13 the conditions in clause (iii) and such addi14 tional conditions as agreed to by the Secre15 taries. 

16 ‘‘(F) REIMBURSEMENT OF HHS COSTS.— 

17 The Secretary of the Treasury shall reimburse 

18 the Secretary, in accordance with subsection 

19 (k)(3), for the costs incurred by the Secretary 

20 in furnishing the information requested under 

21 this paragraph. Any such costs paid by the Sec22 retary of the Treasury shall be considered costs 

23 of implementing 31 U.S.C. 3711(g) in accord24 ance with 31 U.S.C. 3711(g)(6) and may be 
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1 paid from the account established pursuant to 

2 31 U.S.C. 3711(g)(7).’’. 

3 SEC. 644. (a) IN GENERAL.—Section 6402 of title 

4 26, United States Code, is amended by redesignating sub5 sections (f) through (k) as subsections (g) through (l), re6 spectively, and by inserting after subsection (e) the fol7 lowing new subsection: 

8 ‘‘(f) COLLECTION OF PAST-DUE, LEGALLY EN9 FORCEABLE STATE UNEMPLOYMENT COMPENSATION

10 DEBTS.— 

11 ‘‘(1) IN GENERAL.—Upon receiving notice from 

12 any State that a person owes a past-due, legally en13 forceable State unemployment compensation debt to 

14 such State, the Secretary shall, under such condi15 tions as may be prescribed by the Secretary— 

16 ‘‘(A) reduce the amount of any overpay17 ment payable to such person by the amount of 

18 such unemployment compensation debt; 

19 ‘‘(B) pay the amount by which such over20 payment is reduced under subparagraph (A) to 

21 such State and notify such State of such per22 son’s name, taxpayer identification number, ad23 dress, and the amount collected; and 

24 ‘‘(C) notify the person making such over25 payment that the overpayment has been re-
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1 duced by an amount necessary to satisfy a past2 due, legally enforceable State unemployment 

3 compensation debt. If an offset is made pursu4 ant to a joint return, the notice under subpara5 graph (B) shall include the names, taxpayer 

6 identification numbers, and addresses of each 

7 person filing such return. 

8 ‘‘(2) PRIORITIES FOR OFFSET.—Any overpay9 ment by a person shall be reduced pursuant to this 

10 subsection— 

11 ‘‘(A) after such overpayment is reduced 

12 pursuant to— 

13 ‘‘(i) subsection (a) with respect to any 

14 liability for any internal revenue tax on the 

15 part of the person who made the 

16 ove8payment; 

17 ‘‘(ii) subsection (c) with respect to 

18 past-due support; 

19 ‘‘(iii) subsection (d) with respect to 

20 any past-due, legally enforceable debt owed 

21 to a Federal agency; and 

22 ‘‘(B) before such overpayment is credited 

23 to the future liability for any Federal internal 

24 revenue tax of such person pursuant to sub25 section (b). If the Secretary receives notice from 
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1 a State or States of more than one debt subject 

2 to paragraph (1) and/or subsection (e) that is 

3 owed by a person to such State or States, any 

4 overpayment by such person shall be applied 

5 against such debts in the order in which such 

6 debts accrued. 

7 ‘‘(3) NOTICE; CONSIDERATION OF EVIDENCE.— 

8 No State may take action under this subsection until 

9 such State— 

10 ‘‘(A) notifies the person owing the past-due 

11 legally enforceable State unemployment com12 pensation debt that the State proposes to take 

13 action pursuant to this section; 

14 ‘‘(B) gives such person at least 60 days to 

15 present evidence that all or part of such liability 

16 is not past-due or not legally enforceable; 

17 ‘‘(C) considers any evidence presented by 

18 such person and determines that an amount of 

19 such debt is past-due and legally enforceable; 

20 and 

21 ‘‘(D) satisfies such other conditions as the 

22 Secretary may prescribe to ensure that the de23 termination made under subparagraph (C) is 

24 valid and that the State has made reasonable 
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1 efforts to obtain payment of such unemploy2 ment compensation debt. 

3 ‘‘(4) PAST-DUE, LEGALLY ENFORCEABLE STATE

4 UNEMPLOYMENT COMPENSATION DEBT.—For pur5 poses of this subsection, the term ‘past-due, legally 

6 enforceable State unemployment compensation debt’ 

7 means overpayments of unemployment compensation 

8 assessed under the law of a State certified by the 

9 Secretary of Labor pursuant to section 3304 of the 

10 Internal Revenue Code, which have become final 

11 under State law and remain uncollected. 

12 ‘‘(5) REGULATIONS.—The Secretary shall issue 

13 regulations prescribing the time and manner in 

14 which States must submit notices of past-due, legally 

15 enforceable State unemployment compensation debt 

16 and the necessary information that must be con17 tained in or accompany such notices. The regula18 tions shall specify the minimum amount of debt to 

19 which the reduction procedure established by para20 graph (1) may be applied. The regulations may re21 quire States to pay a fee to the Secretary, which 

22 may be deducted from amounts collected, to reim23 burse the Secretary for the cost of applying such 

24 procedure. Any fee paid to the Secretary pursuant to 

25 the preceding sentence shall be used to reimburse 
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1 appropriations which bore all or part of the cost of 

2 applying such procedure. The regulations may in3 clude a requirement that States submit notices of 

4 past-due, legally enforceable State unemployment 

5 compensation debt to the Secretary via the Secretary 

6 of Labor in accordance with procedures established 

7 by the Secretary of Labor. Such procedures may re8 quire States to pay a fee to the Secretary of Labor 

9 to reimburse the Secretary of Labor for the costs of 

10 applying this subsection. Any such fee shall be es11 tablished in consultation with the Secretary of the 

12 Treasury. Any fee paid to the Secretary of Labor 

13 may be deducted from amounts collected and shall 

14 be used to reimburse the appropriation account 

15 which bore all or part of the cost of applying this 

16 subsection. 

17 ‘‘(6) ERRONEOUS PAYMENT TO STATE.—Any 

18 State receiving notice from the Secretary that an er19 roneous payment has been made to such State under 

20 paragraph (1) shall pay promptly to the Secretary, 

21 in accordance with such regulations as the Secretary 

22 may prescribe, an amount equal to the amount of 

23 such erroneous payment (without regard to whether 

24 any other amounts payable to such State under such 

25 paragraph have been paid to such State).’’. 
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1 (b) Disclosure of certain information to States re2 questing refund offsets for past-due legally enforceable 

3 State unemployment compensation debt. 

4 (1) Paragraph (10) of section 6103(l) is amend5 ed by striking ‘‘(c), (d), or (e)’’ each place it appears 

6 and inserting ‘‘(c), (d), (e) or (f).’’ 

7 (2) Paragraph (10)(A) of section 6103(l) is 

8 amended by inserting ‘‘and to officers and employees 

9 of the Department of Labor in connection with a re10 duction under subsection (f) of section 6402’’ after 

11 the words ‘‘section 6402’’. 

12 (3) The heading of paragraph (10) is amended 

13 by striking ‘‘subsection (c), (d), or (e) of section 

14 6402 and inserting ‘‘subsection (c), (d), (e) or (f) of 

15 section 6402.’’. 

16 (c) CONFORMING AMENDMENTS.— 

17 (1) Subsection (a) of section 6402 is amended 

18 by striking ‘‘(c), (d), and (e),’’ and inserting ‘‘(c), 

19 (d), (e) and (f)’’. 

20 (2) Paragraph (2) of section 6402(d) is amend21 ed by striking ‘‘and before such overpayment is re22 duced pursuant to subsection (e)’’ and inserting 

23 ‘‘and before such overpayment is reduced pursuant 

24 to subsections (e) and (f)’’. 
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1 (3) Subsection (g) of section 6402, as redesig2 nated by subsection (a), is amended by striking ‘‘(c), 

3 (d) or (e)’’ and inserting ‘‘(c), (d), (e) or (f)’’. 

4 (4) Subsection (i) of section 6402, as redesig5 nated by subsection (a), is amended by striking 

6 ‘‘subsection (c) or (e)’’ and inserting ‘‘subsection (c), 

7 (e) or (f)’’. 

8 (d) EFFECTIVE DATE.—The amendments made by 

9 this section shall be effective as to refunds payable under 

10 section 6402 of the Internal Revenue Code on or after the 

11 date of enactment. 

12 SEC. 645. Notwithstanding section 1346 of title 31, 

13 United States Code, and section 610 of this Act, the head 

14 of each executive department and agency shall transfer to 

15 or reimburse the Federal Aviation Administration, with 

16 the approval of the Director of the Office of Management 

17 and Budget, funds made available by this or any other 

18 Act for the purposes described below, and shall submit 

19 budget requests for such purposes. These funds shall be 

20 administered by the Federal Aviation Administration as 

21 approved by the Director of the Office of Management and 

22 Budget, in consultation with the appropriate interagency 

23 groups designated by the Director to ensure the operation 

24 of the Midway Atoll Airfield by the Federal Aviation Ad25 ministration pursuant to an operational agreement with 
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1 the Department of the Interior. The total funds trans2 ferred or reimbursed shall not exceed $6,000,000 and 

3 shall not be available for activities other than the oper4 ation of the airfield. The Director of the Office of Manage5 ment and Budget shall notify the Committees on Appro6 priations of such transfers or reimbursements within 15 

7 days of this Act. Such transfers or reimbursements shall 

8 begin within 30 days of enactment of this Act. 

9 SEC. 646. None of the funds made available by this 

10 Act or any other Act may be used to implement the revi11 sion to Office of Management and Budget Circular A–76 

12 made on May 29, 2003. 

13 This Act may be cited as the ‘‘Transportation, Treas14 ury, and General Government Appropriations Act, 2005’’. 

Calendar No. 696 

108TH CONGRESS 

2D SESSION S. 2806 

[Report No. 108–342] 

A BILL 

Making appropriations for the Departments of 

2005, and for other purposes. agencies for the fiscal year ending September 30, fice of the President, and certain independent Transportation and Treasury, the Executive OfSEPTEMBER 15, 2004 

Read twice and placed on the calendar