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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5025 Reported in House (RH)]

                                                 Union Calendar No. 411
108th CONGRESS
  2d Session
                                H. R. 5025

                          [Report No. 108-671]

    Making appropriations for the Departments of Transportation and 
Treasury, and independent agencies for the fiscal year ending September 
                   30, 2005, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2004

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

_______________________________________________________________________

                                 A BILL

 
    Making appropriations for the Departments of Transportation and 
Treasury, and independent agencies for the fiscal year ending September 
                   30, 2005, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Transportation and Treasury and 
independent agencies for the fiscal year ending September 30, 2005, and 
for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

        For necessary expenses of the Office of the Secretary, 
$89,000,000, of which not to exceed $2,219,100 shall be available for 
the immediate Office of the Secretary; not to exceed $704,500 shall be 
available for the immediate Office of the Deputy Secretary; not to 
exceed $15,394,300 shall be available for the Office of the General 
Counsel; not to exceed $12,639,000 shall be available for the Office of 
the Under Secretary of Transportation for Policy; not to exceed 
$8,572,900 shall be available for the Office of the Assistant Secretary 
for Budget and Programs; not to exceed $2,315,700 shall be available 
for the Office of the Assistant Secretary for Governmental Affairs; not 
to exceed $23,435,700 shall be available for the Office of the 
Assistant Secretary for Administration; not to exceed $1,928,700 shall 
be available for the Office of Public Affairs; not to exceed $1,456,000 
shall be available for the Office of the Executive Secretariat; not to 
exceed $704,000 shall be available for the Board of Contract Appeals; 
not to exceed $1,277,200 shall be available for the Office of Small and 
Disadvantaged Business Utilization; not to exceed $2,052,900 for the 
Office of Intelligence and Security; not to exceed $3,300,000 shall be 
available for the Office of Emergency Transportation; and not to exceed 
$13,000,000 shall be available for the Office of the Chief Information 
Officer: Provided, That the Secretary of Transportation is authorized 
to transfer funds appropriated for any office of the Office of the 
Secretary to any other office of the Office of the Secretary: Provided 
further, That no appropriation for any office shall be increased or 
decreased by more than 5 percent by all such transfers: Provided 
further, That any change in funding greater than 5 percent shall be 
submitted for approval to the House and Senate Committees on 
Appropriations: Provided further, That not to exceed $60,000 shall be 
for allocation within the Department for official reception and 
representation expenses as the Secretary may determine: Provided 
further, That notwithstanding any other provision of law, excluding 
fees authorized in Public Law 107-71, there may be credited to this 
appropriation up to $2,500,000 in funds received in user fees: Provided 
further, That none of the funds provided in this Act shall be available 
for the position of Assistant Secretary for Public Affairs.

                         office of civil rights

        For necessary expenses of the Office of Civil Rights, 
$8,700,000.

           transportation planning, research, and development

        For necessary expenses for conducting transportation planning, 
research, systems development, development activities, and making 
grants, to remain available until expended, $10,800,000.

                          working capital fund

    Necessary expenses for operating costs and capital outlays of the 
Working Capital Fund, not to exceed $125,000,000, shall be paid from 
appropriations made available to the Department of Transportation: 
Provided, That such services shall be provided on a competitive basis 
to entities within the Department of Transportation: Provided further, 
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act 
to an agency of the Department shall be transferred to the Working 
Capital Fund without the approval of the agency modal administrator: 
Provided further, That no assessments may be levied against any 
program, budget activity, subactivity or project funded by this Act 
unless notice of such assessments and the basis therefor are presented 
to the House and Senate Committees on Appropriations and are approved 
by such Committees.

               minority business resource center program

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

                       minority business outreach

        For necessary expenses of Minority Business Resource Center 
outreach activities, $3,000,000, to remain available until September 
30, 2006: Provided, That notwithstanding 49 U.S.C. 332, these funds may 
be used for business opportunities related to any mode of 
transportation.

                        payments to air carriers

                    (airport and airway trust fund)

    In addition to funds made available from any other source to carry 
out the essential air service program under 49 U.S.C. 41731 through 
41742, $51,700,000, to be derived from the Airport and Airway Trust 
Fund, to remain available until expended.

                    Federal Aviation Administration

                               operations

        For necessary expenses of the Federal Aviation Administration, 
not otherwise provided for, including operations and research 
activities related to commercial space transportation, administrative 
expenses for research and development, establishment of air navigation 
facilities, the operation (including leasing) and maintenance of 
aircraft, subsidizing the cost of aeronautical charts and maps sold to 
the public, lease or purchase of passenger motor vehicles for 
replacement only, in addition to amounts made available by Public Law 
108-176, $7,726,000,000, of which $6,002,000,000 shall be derived from 
the Airport and Airway Trust Fund, of which not to exceed 
$6,160,617,600 shall be available for air traffic services activities; 
not to exceed $916,894,000 shall be available for aviation regulation 
and certification activities; not to exceed $224,039,000 shall be 
available for research and acquisition activities; not to exceed 
$11,674,000 shall be available for commercial space transportation 
activities; not to exceed $50,624,000 shall be available for financial 
services activities; not to exceed $69,821,600 shall be available for 
human resources program activities; not to exceed $149,569,800 shall be 
available for region and center operations and regional coordination 
activities; not to exceed $139,302,000 shall be available for staff 
offices; and not to exceed $38,254,000 shall be available for 
information services: Provided, That none of the funds in this Act 
shall be available for the Federal Aviation Administration to finalize 
or implement any regulation that would promulgate new aviation user 
fees not specifically authorized by law after the date of the enactment 
of this Act: Provided further, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
foreign authorities, other public authorities, and private sources, for 
expenses incurred in the provision of agency services, including 
receipts for the maintenance and operation of air navigation 
facilities, and for issuance, renewal or modification of certificates, 
including airman, aircraft, and repair station certificates, or for 
tests related thereto, or for processing major repair or alteration 
forms: Provided further, That of the funds appropriated under this 
heading, not less than $7,000,000 shall be for the contract tower cost-
sharing program: Provided further, That funds may be used to enter into 
a grant agreement with a nonprofit standard-setting organization to 
assist in the development of aviation safety standards: Provided 
further, That none of the funds in this Act shall be available for new 
applicants for the second career training program: Provided further, 
That none of the funds in this Act shall be available for paying 
premium pay under 5 U.S.C. 5546(a) to any Federal Aviation 
Administration employee unless such employee actually performed work 
during the time corresponding to such premium pay: Provided further, 
That none of the funds in this Act may be obligated or expended to 
operate a manned auxiliary flight service station in the contiguous 
United States: Provided further, That none of the funds in this Act for 
aeronautical charting and cartography are available for activities 
conducted by, or coordinated through, the Working Capital Fund: 
Provided further, That of the funds provided under this heading, 
$4,000,000 is available only for recruitment, personnel compensation 
and benefits, and related costs to raise the level of operational air 
traffic control supervisors to the level of 1,846: Provided further, 
That none of the funds in this Act may be obligated or expended for an 
employee of the Federal Aviation Administration to purchase a store 
gift card or gift certificate through use of a Government-issued credit 
card.

                        facilities and equipment

                    (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for 
acquisition, establishment, technical support services, improvement by 
contract or purchase, and hire of air navigation and experimental 
facilities and equipment, as authorized under part A of subtitle VII of 
title 49, United States Code, including initial acquisition of 
necessary sites by lease or grant; engineering and service testing, 
including construction of test facilities and acquisition of necessary 
sites by lease or grant; construction and furnishing of quarters and 
related accommodations for officers and employees of the Federal 
Aviation Administration stationed at remote localities where such 
accommodations are not available; and the purchase, lease, or transfer 
of aircraft from funds available under this heading; to be derived from 
the Airport and Airway Trust Fund, $2,500,000,000, of which 
$2,056,300,000 shall remain available until September 30, 2007, and of 
which $443,700,000 shall remain available until September 30, 2005: 
Provided, That there may be credited to this appropriation funds 
received from States, counties, municipalities, other public 
authorities, and private sources, for expenses incurred in the 
establishment and modernization of air navigation facilities: Provided 
further, That upon initial submission to the Congress of the fiscal 
year 2006 President's budget, the Secretary of Transportation shall 
transmit to the Congress a comprehensive capital investment plan for 
the Federal Aviation Administration which includes funding for each 
budget line item for fiscal years 2006 through 2010, with total funding 
for each year of the plan constrained to the funding targets for those 
years as estimated and approved by the Office of Management and Budget: 
Provided further, That of the funds provided under this heading, not 
less than $3,000,000 is for contract audit services provided by the 
Defense Contract Audit Agency.

                 research, engineering, and development

                    (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for 
research, engineering, and development, as authorized under part A of 
subtitle VII of title 49, United States Code, including construction of 
experimental facilities and acquisition of necessary sites by lease or 
grant, $117,000,000, to be derived from the Airport and Airway Trust 
Fund and to remain available until September 30, 2007: Provided, That 
there may be credited to this appropriation funds received from States, 
counties, municipalities, other public authorities, and private 
sources, for expenses incurred for research, engineering, and 
development.

                       grants-in-aid for airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                  rescission of contract authorization

                    (airport and airway trust fund)

        For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and noise compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing such obligations; for procurement, installation, and 
commissioning of runway incursion prevention devices and systems at 
airports of such title; for grants authorized under section 41743 of 
title 49, United States Code; and for inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates under section 44706 of title 49, United 
States Code, $3,200,000,000, to be derived from the Airport and Airway 
Trust Fund and to remain available until expended: Provided, That none 
of the funds under this heading shall be available for the planning or 
execution of programs the obligations for which are in excess of 
$3,993,000,000 in fiscal year 2005, notwithstanding section 47117(g) of 
title 49, United States Code: Provided further, That none of the funds 
under this heading shall be available for the replacement of baggage 
conveyor systems, reconfiguration of terminal baggage areas, or other 
airport improvements that are necessary to install bulk explosive 
detection systems: Provided further, That notwithstanding any other 
provision of law, not more than $69,302,000 of funds limited under this 
heading shall be obligated for administration and not less than 
$20,000,000 shall be for the Small Community Air Service Development 
Pilot Program: Provided further, That of the funds made available for 
the Small Community Air Service Development Pilot Program, $4,000,000 
shall be for airports which have been discontinued from the Essential 
Air Service program since January 1, 2001: Provided further, That of 
amounts available in this or prior year Acts under 49 U.S.C. 48112 and 
48103, as amended, $758,000,000 are rescinded.

          general provisions--federal aviation administration

        Sec. 101. Notwithstanding any other provision of law, airports 
may transfer, without consideration, to the Federal Aviation 
Administration (FAA) instrument landing systems (along with associated 
approach lighting equipment and runway visual range equipment) which 
conform to FAA design and performance specifications, the purchase of 
which was assisted by a Federal airport-aid program, airport 
development aid program or airport improvement program grant: Provided, 
That, the Federal Aviation Administration shall accept such equipment, 
which shall thereafter be operated and maintained by FAA in accordance 
with agency criteria.
        Sec. 102. None of the funds in this Act may be used to 
compensate in excess of 375 technical staff-years under the federally 
funded research and development center contract between the Federal 
Aviation Administration and the Center for Advanced Aviation Systems 
Development during fiscal year 2005.
        Sec. 103. None of the funds made available in this Act may be 
used for engineering work related to an additional runway at Louis 
Armstrong New Orleans International Airport.
        Sec. 104. None of the funds in this Act shall be used to pursue 
or adopt guidelines or regulations requiring airport sponsors to 
provide to the Federal Aviation Administration without cost building 
construction, maintenance, utilities and expenses, or space in airport 
sponsor-owned buildings for services relating to air traffic control, 
air navigation, or weather reporting: Provided, That the prohibition of 
funds in this section does not apply to negotiations between the agency 
and airport sponsors to achieve agreement on ``below-market'' rates for 
these items or to grant assurances that require airport sponsors to 
provide land without cost to the FAA for air traffic control 
facilities.
        Sec. 105. None of the funds appropriated or limited by this Act 
may be used to change weight restrictions or prior permission rules at 
Teterboro Airport in Teterboro, New Jersey.
    Sec. 106. War Risk Insurance.--Title 49, United States Code, is 
amended:
    (a) In section 44302(f) by striking ``August 31, 2004, and may 
extend through December 31, 2004,'' and inserting in lieu thereof 
``December 31, 2005''.
    (b) In section 44302(g)(1) by striking ``may provide'' and 
inserting in lieu thereof ``shall make available''.
    (c) In section 44303(b) by--
            (1) striking ``December 31, 2004'' and inserting in lieu 
        thereof ``December 31, 2005.''
            (2) striking the phrase ``may extend'' in the last sentence 
        of the subsection and inserting in lieu thereof ``shall 
        extend''.

                     Federal Highway Administration

                 limitation on administrative expenses

        Necessary expenses for administration and operation of the 
Federal Highway Administration, not to exceed $346,000,000, shall be 
paid in accordance with law from appropriations made available by this 
Act to the Federal Highway Administration together with advances and 
reimbursements received by the Federal Highway Administration.

                          Federal-Aid Highways

                      (limitation on obligations)

                          (highway trust fund)

        None of the funds in this Act shall be available for the 
implementation or execution of programs, the obligations for which are 
in excess of $34,641,000,000 for Federal-aid highways and highway 
safety construction programs for fiscal year 2005: Provided, That 
within the $34,641,000,000 obligation limitation on Federal-aid 
highways and highway safety construction programs, not more than 
$478,000,000 shall be available for the implementation or execution of 
programs for transportation research (sections 502, 503, 504, 506, 507, 
and 508 of title 23, United States Code, as amended; section 5505 of 
title 49, United States Code, as amended; and sections 5112 and 5204-
5209 of Public Law 105-178) for fiscal year 2005: Provided further, 
That this limitation on transportation research programs shall not 
apply to any authority previously made available for obligation.

                          federal-aid highways

                (liquidation of contract authorization)

                          (highway trust fund)

        Notwithstanding any other provision of law, for carrying out 
the provisions of title 23, United States Code, that are attributable 
to Federal-aid highways, including the National Scenic and Recreational 
Highway as authorized by 23 U.S.C. 148, not otherwise provided, 
including reimbursement for sums expended pursuant to the provisions of 
23 U.S.C. 308, $35,000,000,000 or so much thereof as may be available 
in and derived from the Highway Trust Fund, to remain available until 
expended.

                          federal-aid highways

                           highway trust fund

                              (rescission)

    Of the unobligated balances of funds apportioned to each State 
under the programs authorized under sections 1101(a)(1), 1101(a)(2), 
1101(a)(3), 1101(a)(4), and 1101(a)(5) of Public Law 105-178, as 
amended, $386,000,000 are rescinded.

           general provisions--federal highway administration

        Sec. 121. (a) For fiscal year 2005, the Secretary of 
Transportation shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid Highways amounts authorized for administrative 
        expenses by section 104(a)(1)(A) and 104(a)(1)(B) of title 23, 
        United States Code, for the highway use tax evasion program, 
        and for the Bureau of Transportation Statistics;
            (2) not distribute an amount from the obligation limitation 
        for Federal-aid Highways that is equal to the unobligated 
        balance of amounts made available from the Highway Trust Fund 
        (other than the Mass Transit Account) for Federal-aid highways 
        and highway safety programs for the previous fiscal year the 
        funds for which are allocated by the Secretary;
            (3) determine the ratio that--
                    (A) the obligation limitation for Federal-aid 
                Highways less the aggregate of amounts not distributed 
                under paragraphs (1) and (2), bears to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and highway 
                safety construction programs (other than sums 
                authorized to be appropriated for sections set forth in 
                paragraphs (1) through (7) of subsection (b) and sums 
                authorized to be appropriated for section 105 of title 
                23, United States Code, equal to the amount referred to 
                in subsection (b)(8)) for such fiscal year less the 
                aggregate of the amounts not distributed under 
                paragraph (1) of this subsection;
            (4) distribute the obligation limitation for Federal-aid 
        Highways less the aggregate amounts not distributed under 
        paragraphs (1) and (2) for section 201 of the Appalachian 
        Regional Development Act of 1965, and $2,000,000,000 for such 
        fiscal year under section 105 of title 23, United States Code 
        (relating to minimum guarantee) so that the amount of 
        obligation authority available for each of such sections is 
        equal to the amount determined by multiplying the ratio 
        determined under paragraph (3) by the sums authorized to be 
        appropriated for such section (except in the case of section 
        105, $2,000,000,000) for such fiscal year;
            (5) distribute the obligation limitation provided for 
        Federal-aid Highways less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and amounts distributed under 
        paragraph (4) for each of the programs that are allocated by 
        the Secretary under title 23, United States Code (other than 
        activities to which paragraph (1) applies and programs to which 
        paragraph (4) applies) by multiplying the ratio determined 
        under paragraph (3) by the sums authorized to be appropriated 
        for such program for such fiscal year; and
            (6) distribute the obligation limitation provided for 
        Federal-aid Highways less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and amounts distributed under 
        paragraphs (4) and (5) for Federal-aid highways and highway 
        safety construction programs (other than the minimum guarantee 
        program, but only to the extent that amounts apportioned for 
        the minimum guarantee program for such fiscal year exceed 
        $2,639,000,000, and the Appalachian development highway system 
        program) that are apportioned by the Secretary under title 23, 
        United States Code, in the ratio that--
                    (A) sums authorized to be appropriated for such 
                programs that are apportioned to each State for such 
                fiscal year, bear to
                    (B) the total of the sums authorized to be 
                appropriated for such programs that are apportioned to 
                all States for such fiscal year.
    (b) The obligation limitation for Federal-aid Highways shall not 
apply to obligations: (1) under section 125 of title 23, United States 
Code; (2) under section 147 of the Surface Transportation Assistance 
Act of 1978; (3) under section 9 of the Federal-Aid Highway Act of 
1981; (4) under sections 131(b) and 131(j) of the Surface 
Transportation Assistance Act of 1982; (5) under sections 149(b) and 
149(c) of the Surface Transportation and Uniform Relocation Assistance 
Act of 1987; (6) under sections 1103 through 1108 of the Intermodal 
Surface Transportation Efficiency Act of 1991; (7) under section 157 of 
title 23, United States Code, as in effect on the day before the date 
of the enactment of the Transportation Equity Act for the 21st Century; 
and (8) under section 105 of title 23, United States Code (but, only in 
an amount equal to $639,000,000 for such fiscal year); and for Federal-
aid highway programs for which obligation authority was made available 
under the Transportation Equity Act for the 21st Century or subsequent 
public laws for multiple years or to remain available until used, but 
only to the extent that such obligation authority has not lapsed or 
been used.
    (c) Notwithstanding subsection (a), the Secretary shall after 
August 1 for such fiscal year revise a distribution of the obligation 
limitation made available under subsection (a) if a State will not 
obligate the amount distributed during that fiscal year and 
redistribute sufficient amounts to those States able to obligate 
amounts in addition to those previously distributed during that fiscal 
year giving priority to those States having large unobligated balances 
of funds apportioned under sections 104 and 144 of title 23, United 
States Code, section 160 (as in effect on the day before the enactment 
of the Transportation Equity Act for the 21st Century) of title 23, 
United States Code, and under section 1015 of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 1943-1945).
    (d) The obligation limitation shall apply to transportation 
research programs carried out under chapter 5 of title 23, United 
States Code, except that obligation authority made available for such 
programs under such limitation shall remain available for a period of 3 
fiscal years.
    (e) Not later than 30 days after the date of the distribution of 
obligation limitation under subsection (a), the Secretary shall 
distribute to the States any funds: (1) that are authorized to be 
appropriated for such fiscal year for Federal-aid highways programs 
(other than the program under section 160 of title 23, United States 
Code) and for carrying out subchapter I of chapter 311 of title 49, 
United States Code, and highway-related programs under chapter 4 of 
title 23, United States Code; and (2) that the Secretary determines 
will not be allocated to the States, and will not be available for 
obligation, in such fiscal year due to the imposition of any obligation 
limitation for such fiscal year. Such distribution to the States shall 
be made in the same ratio as the distribution of obligation authority 
under subsection (a)(6). The funds so distributed shall be available 
for any purposes described in section 133(b) of title 23, United States 
Code.
    (f) Obligation limitation distributed for a fiscal year under 
subsection (a)(4) of this section for a section set forth in subsection 
(a)(4) shall remain available until used and shall be in addition to 
the amount of any limitation imposed on obligations for federal-aid 
highway and highway safety construction programs for future fiscal 
years.
        Sec. 122. Notwithstanding 31 U.S.C. 3302, funds received by the 
Bureau of Transportation Statistics from the sale of data products, for 
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited 
to the Federal-aid highways account for the purpose of reimbursing the 
Bureau for such expenses: Provided, That such funds shall be subject to 
the obligation limitation for Federal-aid highways and highway safety 
construction.
        Sec. 123. Notwithstanding any other provision of law, in 
section 1602 of the Transportation Equity Act for the 21st Century, 
item number 89 is amended by striking ``Construct I-495/Route 2 
interchange east of existing interchange to provide access to commuter 
rail station, Littleton'' and inserting ``Ayer commuter rail station 
improvements, land acquisition and parking improvements''.
        Sec. 124. Of the $6,000,000 portion of the funds appropriated 
under the heading ``Highway Demonstration Projects'' in title I of 
Public Law 102-143 (105 Stat. 929) that was allocated for Routes 70/38 
Circle Elimination, NJ, $4,500,000 shall be transferred to, and made 
available for, the following projects in the specified amounts: Mantua 
Creek Overpass in Paulsboro, NJ, $2,000,000; Delsea Drive Route 47 
Timber Creek in Westville, NJ, $787,000; Camden Northern End Parking 
Garage in Camden, NJ, $1,213,000; and Route 47 Chapel Heights Avenue in 
Gloucester, NJ, $500,000.
    Sec. 125. Division F, title I, section 115 of Public Law 108-199 is 
amended by inserting before the period at the end the following: ``: 
Provided further, That notwithstanding any other provision of law and 
the preceding clauses of this provision, the Secretary of 
Transportation may use amounts made available by this section to make 
grants for any surface transportation project otherwise eligible for 
funding under title 23 or title 49, United States Code''.
        Sec. 126. None of the funds made available in this Act may be 
used to require a State or local government to post a traffic control 
device or variable message sign, or any other type of traffic warning 
sign, in a language other than English, except with respect to the 
names of cities, streets, places, events, or signs related to an 
international border.
    Sec. 127. Of the funds available under section 104(a)(1)(A) of 
title 23, United States Code, $4,000,000 shall be available for 
environmental streamlining activities, which may include making grants 
to, or entering into contracts, cooperative agreements, and other 
transactions, with a Federal agency, State agency, local agency, 
authority, association, non-profit or for-profit corporation, or 
institution of higher education.

              Federal Motor Carrier Safety Administration

                          motor carrier safety

                 limitation on administrative expenses

                (liquidation of contract authorization)

                          (highway trust fund)

                     (including transfer of funds)

        Notwithstanding any other provision of law, none of the funds 
in this Act shall be available for expenses for administration of motor 
carrier safety programs and motor carrier safety research, and grants, 
the obligations for which are in excess of $248,480,000 for fiscal year 
2005: Provided, That $33,000,000 shall be available to make grants to, 
or enter into contracts with, States, local governments, or other 
persons for carrying out border commercial motor vehicle safety 
programs and enforcement activities and projects for the purposes 
described in 49 U.S.C. 31104(f)(2)(B), and the Federal share payable 
under such grants shall be 100 percent; $20,000,000 shall be available 
to make grants to, or enter into contracts with, States, local 
governments, or other persons for commercial driver's licenses program 
improvements, and the Federal share payable under such grants shall be 
100 percent; and $14,200,000 shall be available to make grants to 
States for implementation of section 210 of the Motor Carrier Safety 
Improvement Act of 1999, and the Federal share payable under such grant 
shall be 100 percent: Provided further, That notwithstanding any other 
provision of law, for payment of obligations incurred to pay 
administrative expenses of and grants by the Federal Motor Carrier 
Safety Administration, $248,480,000, to be derived from the Highway 
Trust Fund, together with advances and reimbursements received by the 
Federal Motor Carrier Safety Administration, the sum of which shall 
remain available until expended.

                 national motor carrier safety program

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

  Notwithstanding any other provision of law, for payment of 
obligations incurred in carrying out 49 U.S.C. 31102, 31106, and 31309, 
$190,000,000 to be derived from the Highway Trust Fund and to remain 
available until expended: Provided, That none of the funds in this Act 
shall be available for the implementation or execution of programs the 
obligations for which are in excess of $190,000,000 for ``Motor Carrier 
Safety Grants'' and ``Information Systems,'' and of which $17,000,000 
shall be available for grants to States for implementation of section 
210 of the Motor Carrier Safety Improvement Act of 1999 (113 Stat. 
1764-1765) and $1,000,000 shall be available for grants to States, 
local governments, or other entities for commercial driver's license 
program improvements: Provided further, That for grants made to States 
for implementation of section 210 of the Motor Carrier Safety 
Improvement Act of 1999 (113 Stat. 1764-1765), and for grants to 
States, local governments, or other entities for commercial driver's 
license program improvements, the Federal share payable under such 
grants shall be 100 percent.

    general provisions--federal motor carrier safety administration

        Sec. 141. Funds appropriated or limited in this Act shall be 
subject to the terms and conditions stipulated in section 350 of Public 
Law 107-87, including that the Secretary submit a report to the House 
and Senate Appropriations Committees annually on the safety and 
security of transportation into the United States by Mexico-domiciled 
motor carriers.
        Sec. 142. No funds appropriated or otherwise made available by 
this Act may be used to implement or enforce any provisions of the 
Final Rule, issued on April 16, 2003 (Docket No. FMCSA-97-2350), with 
respect to the operators of utility service vehicles, as that term is 
defined in section 395.2 of title 49, Code of Federal Regulations.
    Sec. 143. None of the funds appropriated or otherwise made 
available by this Act shall be used to implement or enforce 49 CFR 
subsections 395.3 or 395.8 as they may apply to operators of utility 
service vehicles as defined in 49 CFR 395.2. This prohibition on 
implementing or enforcing such regulations shall also apply to any 
State or agency receiving funds pursuant to chapter 311 of title 49 
U.S.C.

             National Highway Traffic Safety Administration

                        operations and research

    For expenses necessary to discharge the functions of the Secretary, 
with respect to traffic and highway safety under chapter 301 of title 
49, United States Code, and part C of subtitle VI of title 49, United 
States Code, $129,514,000, of which $107,000,000 shall remain available 
until September 30, 2007: Provided, That none of the funds appropriated 
by this Act may be obligated or expended to plan, finalize, or 
implement any rulemaking to add to section 575.104 of title 49 of the 
Code of Federal Regulations any requirement pertaining to a grading 
standard that is different from the three grading standards (treadwear, 
traction, and temperature resistance) already in effect: Provided 
further, That none of the funds in this Act may be used to augment 
information technology or computer support funds provided to NHTSA 
beyond $2,620,000.

                        operations and research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

        For payment of obligations incurred in carrying out the 
provisions of 23 U.S.C. 403, to remain available until expended, 
$90,000,000, to be derived from the Highway Trust Fund: Provided, That 
none of the funds in this Act shall be available for the planning or 
execution of programs the total obligations for which, in fiscal year 
2005, are in excess of $90,000,000 for programs authorized under 23 
U.S.C. 403.

                        national driver register

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

        For expenses necessary to discharge the functions of the 
Secretary with respect to the National Driver Register under payment of 
obligations incurred in carrying out chapter 303 of title 49, United 
States Code, $3,600,000 to be derived from the Highway Trust Fund: 
Provided, That none of the funds in this Act shall be available for the 
implementation or execution of programs the obligations for which are 
in excess of $3,600,000 for the National Driver Register authorized 
under chapter 303 of title 49, United States Code.

                     highway traffic safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

        Notwithstanding any other provision of law, for payment of 
obligations incurred in carrying out the provisions of 23 U.S.C. 402, 
405, and 410, to remain available until expended, $225,000,000, to be 
derived from the Highway Trust Fund: Provided, That none of the funds 
in this Act shall be available for the planning or execution of 
programs the total obligations for which, in fiscal year 2005, are in 
excess of $225,000,000 for programs authorized under 23 U.S.C. 402, 
405, and 410, of which $165,000,000 shall be for ``Highway Safety 
Programs'' under 23 U.S.C. 402, $20,000,000 shall be for ``Occupant 
Protection Incentive Grants'' under 23 U.S.C. 405, and $40,000,000 
shall be for ``Alcohol-Impaired Driving Countermeasures Grants'' under 
23 U.S.C. 410: Provided further, That none of these funds shall be used 
for construction, rehabilitation, or remodeling costs, or for office 
furnishings and fixtures for State, local, or private buildings or 
structures: Provided further, That not to exceed $10,000,000 of the 
funds made available for section 402, not to exceed $2,306,000 of the 
funds made available for section 405, and not to exceed $2,000,000 of 
the funds made available for section 410 shall be available to NHTSA 
for administering highway safety grants under chapter 4 of title 23, 
United States Code: Provided further, That not to exceed $500,000 of 
the funds made available for section 410 ``Alcohol-Impaired Driving 
Countermeasures Grants'' shall be available for technical assistance to 
the States.

   general provisions--national highway traffic safety administration

        Sec. 151. Notwithstanding any other provision of law, States 
may use funds provided in this Act under section 402 of title 23, 
United States Code, to produce and place highway safety public service 
messages in television, radio, cinema, and print media, and on the 
Internet in accordance with guidance issued by the Secretary of 
Transportation: Provided, That any State that uses funds for such 
public service messages shall submit to the Secretary a report 
describing and assessing the effectiveness of the messages: Provided 
further, That $10,000,000 of the funds allocated under section 157 of 
title 23, United States Code, shall be used as directed by the National 
Highway Traffic Safety Administrator to purchase national paid 
advertising (including production and placement) to support national 
safety belt mobilizations: Provided further, That, of the funds 
allocated under section 163 of title 23, United States Code, $7,000,000 
shall be used as directed by the Administrator to support national 
impaired driving mobilizations and enforcement efforts, $12,000,000 
shall be used as directed by the Administrator to purchase national 
paid advertising (including production and placement) to support such 
national impaired driving mobilizations and enforcement efforts.
        Sec. 152. Funds appropriated or limited in this Act to educate 
the motoring public on how to share the road safely with commercial 
motor vehicles shall be jointly administered and implemented by the 
National Highway Traffic Safety Administration and the Federal Motor 
Carrier Safety Administration.

                    Federal Railroad Administration

                         safety and operations

        For necessary expenses of the Federal Railroad Administration, 
not otherwise provided for, $137,738,000, of which $15,350,000 shall 
remain available until expended.

                   railroad research and development

        For necessary expenses for railroad research and development, 
$33,289,000, to remain available until expended.

            railroad rehabilitation and improvement program

        The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations pursuant to 
section 512 of the Railroad Revitalization and Regulatory Reform Act of 
1976 (Public Law 94-210), as amended, in such amounts and at such times 
as may be necessary to pay any amounts required pursuant to the 
guarantee of the principal amount of obligations under sections 511 
through 513 of such Act, such authority to exist as long as any such 
guaranteed obligation is outstanding: Provided, That pursuant to 
section 502 of such Act, as amended, no new direct loans or loan 
guarantee commitments shall be made using Federal funds for the credit 
risk premium during fiscal year 2005: Provided further, That within 
thirty days of enactment of this Act, the National Railroad Passenger 
Corporation shall make full payment of all principal and interest to 
the Federal Railroad Administrator in satisfaction of the Corporation's 
July 3, 2002, direct loan from the Federal Railroad Administration.

                    next generation high-speed rail

        For necessary expenses for the Next Generation High-Speed Rail 
program as authorized under 49 U.S.C. 26101 and 26102, $11,000,000, to 
remain available until expended.

               pennsylvania station redevelopment project

                          (transfer of funds)

    Of the unobligated balances of funds made available in section 232 
of appendix E of Public Law 106-113, $39,827,000 are hereby transferred 
to and merged with funds for the Federal Transit Administration, 
Capital Investment Grants, for the purposes of constructing the New 
York Long Island Rail Road East Side Access (Extension).

         grants to the national railroad passenger corporation

        To enable the Secretary of Transportation to make quarterly 
grants to the National Railroad Passenger Corporation, $900,000,000, to 
remain available until September 30, 2005: Provided, That not less than 
$500,000,000 shall be provided in quarterly grants for capital 
expenses: Provided further, That the Secretary of Transportation shall 
approve funding to cover operating losses and capital expenditures, 
including advance purchase orders, for the National Railroad Passenger 
Corporation only after receiving and reviewing a grant request for each 
specific train route: Provided further, That each such grant request 
shall be accompanied by a detailed financial analysis, revenue 
projection, and capital expenditure projection justifying the Federal 
support to the Secretary's satisfaction: Provided further, That the 
Secretary of Transportation shall reserve $60,000,000 of the funds 
provided under this heading and is authorized to transfer such sums to 
the Surface Transportation Board, upon request from said Board, to 
carry out directed service orders issued pursuant to section 11123 of 
title 49, United States Code to respond to the cessation of commuter 
rail operations by the National Railroad Passenger Corporation: 
Provided further, That the Secretary of Transportation shall make the 
reserved funds available to the National Railroad Passenger Corporation 
through an appropriate grant instrument during the end of the fourth 
quarter of fiscal year 2005 to the extent that no directed service 
orders have been issued by the Surface Transportation Board as of the 
date of transfer or there is a balance of reserved funds not needed by 
the Board to pay for any directed service order issued through 
September 30, 2005: Provided further, That not later than 60 days after 
enactment of this Act, Amtrak shall transmit, in electronic format, to 
the Secretary of Transportation, the House and Senate Committees on 
Appropriations, the House Committee on Transportation and 
Infrastructure and the Senate Committee on Commerce, Science, and 
Transportation a comprehensive business plan approved by the Board of 
Directors for fiscal year 2005 under section 24104(a) of title 49, 
United States Code: Provided further, That the business plan shall 
include, as applicable, targets for ridership, revenues, and capital 
and operating expenses: Provided further, That the plan shall also 
include a separate accounting of such targets for the Northeast 
Corridor; commuter service; long-distance Amtrak service; state-
supported service; each intercity train route; including Autotrain; and 
commercial activities including contract operations and mail and 
express: Provided further, That the business plan shall include a 
description of the work to be funded, along with cost estimates and an 
estimated timetable for completion of the projects covered by this 
business plan: Provided further, That not later than October 1, 2004 
and no later than 30 days following the last business day of the 
previous month thereafter, Amtrak shall submit to the Secretary of 
Transportation and the House and Senate Committees on Appropriations a 
supplemental report, in electronic format, regarding the pending 
business plan, which shall describe the work completed to date, any 
changes to the business plan, and the reasons for such changes: 
Provided further, That none of the funds in this Act may be used for 
operating expenses, including advance purchase orders, and capital 
projects not approved by the Secretary of Transportation nor on the 
National Railroad Passenger Corporation's fiscal year 2005 business 
plan: Provided further, That Amtrak shall display the business plan and 
all subsequent supplemental plans on the Corporation's website within a 
reasonable timeframe following their submission to the appropriate 
entities: Provided further, That none of the funds under this heading 
may be obligated or expended until the National Railroad Passenger 
Corporation agrees to continue abiding by the provisions of paragraphs 
1, 2, 3, 5, 9, and 11 of the summary of conditions for the direct loan 
agreement of June 28, 2002, in the same manner as in effect on the date 
of enactment of this Act: Provided further, That the Secretary of 
Transportation is authorized to retain up to $4,000,000 of the funds 
provided to be used to retain a consultant or consultants to assist the 
Secretary in preparing a comprehensive valuation of Amtrak's assets to 
be completed not later than September 30, 2005: Provided further, That 
these funds shall be available to the Secretary of Transportation until 
expended: Provided further, That this valuation shall to be used to 
retain a consultant or consultants to develop to the Secretary's 
satisfaction a methodology for determining the avoidable and fully 
allocated costs of each Amtrak route: Provided further, That once the 
Secretary has approved the methodology for determining the avoidable 
and fully allocated costs of each Amtrak route, Amtrak shall apply that 
methodology in compiling an annual report to Congress on the avoidable 
and fully allocated costs of each of its routes, with the initial 
report for fiscal year 2005 to be submitted to the House and Senate 
Committees on Appropriations, the House Committee on Transportation and 
Infrastructure, and the Senate Committee on Commerce, Science, and 
Transportation before December 31, 2005, and each subsequent report to 
be submitted within ninety days after the end of the fiscal year to 
which the report pertains.

          general provisions--federal railroad administration

        Sec. 161. For the purpose of assisting State-supported 
intercity rail service, in order to demonstrate whether competition 
will provide higher quality rail passenger service at reasonable 
prices, the Secretary of Transportation, working with affected States, 
shall continue to develop and implement a procedure for fair 
competitive bidding by Amtrak and non-Amtrak operators for State-
supported routes: Provided, That in the event a State desires to select 
or selects a non-Amtrak operator for the route, the State may make an 
agreement with Amtrak to use facilities and equipment of, or have 
services provided by, Amtrak under terms agreed to by the State and 
Amtrak to enable the non-Amtrak operator to provide the State-supported 
service: Provided further, That if the parties cannot agree on terms, 
the Secretary shall, as a condition of receipt of Federal grant funds, 
order that the facilities and equipment be made available and the 
services be provided by Amtrak under reasonable terms and compensation: 
Provided further, That when prescribing reasonable compensation to 
Amtrak, the Secretary shall consider quality of service as a major 
factor when determining whether, and the extent to which, the amount of 
compensation shall be greater than the incremental costs of using the 
facilities and providing the services: Provided further, That the 
Secretary may reprogram up to $2,500,000 from the Amtrak operating 
grant funds for costs associated with the implementation of the fair 
bid procedure and demonstration of competition under this section.
    Sec. 162. Section 24315(b) of title 49 U.S. Code, is amended to 
read as follows:
    ``(b) Amtrak Annual Report and Budget Request.--(1) Not later than 
February 15 of each year, Amtrak shall submit to the President and 
Congress a complete report of its operations, activities, and 
accomplishments, including a statement of revenues and expenditures for 
the prior fiscal year. The report--
            ``(A) shall include a discussion and accounting of Amtrak's 
        success in meeting the goal of section 24902(b) of this title; 
        and
            ``(B) may include recommendations for other legislation.
    ``(2) Not later than May 1st of each year, Amtrak's Board of 
Directors shall submit to the Secretary of Transportation Amtrak's 
budget request for the fiscal year commencing 17 months later.
    ``(3) The Secretary shall annually submit to Congress an approved 
budget request for Amtrak as part of the President's annual budget 
request to Congress.
    ``(4) Amtrak shall not submit any other requests for funding unless 
such requests have been approved by the Secretary of Transportation.''.
    Sec. 163. Notwithstanding any provisions of this or any other Act, 
during the fiscal year ending September 30, 2005, and hereafter, the 
Federal Railroad Administration may use funds appropriated by this or 
any other Act to provide for the installation of a broadband high speed 
internet service connection, including necessary equipment, for Federal 
Railroad Administration employees, and to either pay directly recurring 
monthly charges or to reimburse a percentage of such monthly charges 
which are paid by such inspectors: Provided, That the Federal Railroad 
Administration certifies that adequate safeguards against private 
misuse exist, and that the service is necessary for direct support of 
the agency's mission.

                     Federal Transit Administration

                        administrative expenses

        For necessary administrative expenses of the Federal Transit 
Administration's programs authorized by chapter 53 of title 49, United 
States Code, $15,100,000: Provided, That no more than $75,500,000 of 
budget authority shall be available for these purposes: Provided 
further, That of the funds available not to exceed $424,565 shall be 
available for the Office of the Administrator; not to exceed $6,715,000 
shall be available for the Office of Administration; not to exceed 
$4,061,000 shall be available for the Office of the Chief Counsel; not 
to exceed $1,200,000 shall be available for the Office of Communication 
and Congressional Affairs; not to exceed $7,600,000 shall be available 
for the Office of Program Management; not to exceed $6,700,000 shall be 
available for the Office of Budget and Policy; not to exceed $2,750,000 
shall be available for the Office of Civil Rights; not to exceed 
$4,000,000 shall be available for the Office of Planning; not to exceed 
$19,982,000 shall be available for regional offices; and not to exceed 
$19,557,000 shall be available for the central account: Provided 
further, That the Administrator is authorized to transfer funds 
appropriated for an office of the Federal Transit Administration: 
Provided further, That no appropriation for an office shall be 
increased or decreased by more than a total of 3 percent by all such 
transfers: Provided further, That any change in funding totaling an 
amount greater than 3 percent during the fiscal year shall be submitted 
for approval to the House and Senate Committees on Appropriations: 
Provided further, That any funding transferred from the central account 
shall be submitted for approval to the House and Senate Committees on 
Appropriations: Provided further, That none of the funds provided or 
limited in this or any other Act may be used to create a permanent 
office of transit security under this heading: Provided further, That 
of the funds in this Act available for the execution of contracts under 
section 5327(c) of title 49, United States Code, $3,000,000 shall be 
reimbursed to the Department of Transportation's Office of Inspector 
General for costs associated with audits and investigations of transit-
related issues, including reviews of new fixed guideway systems: 
Provided further, That $2,500,000 shall be for the National transit 
database to remain available until expended: Provided further, That 
upon submission to the Congress of the fiscal year 2006 President's 
budget, the Secretary of Transportation shall transmit to Congress the 
annual report on new starts, proposed allocations of funds for fiscal 
year 2006: Provided further, That the amount herein appropriated shall 
be reduced by $20,000 per day for each day after initial submission of 
the President's budget that the report has not been submitted to the 
Congress.

                             formula grants

        For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310, 
5311, 5327, and section 3038 of Public Law 105-178, $767,800,000 to 
remain available until expended: Provided, That no more than 
$4,039,000,000 of budget authority shall be available for these 
purposes.

                   university transportation research

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

                     transit planning and research

        For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305, 
5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $25,200,000, to remain 
available until expended: Provided, That no more than $126,000,000 of 
budget authority shall be available for these purposes: Provided 
further, That $5,250,000 is available to provide rural transportation 
assistance (49 U.S.C. 5311(b)(2)); $4,000,000 is available to carry out 
programs under the National Transit Institute (49 U.S.C. 5315); 
$8,250,000 is available to carry out transit cooperative research 
programs (49 U.S.C. 5313(a)); $60,386,600 is available for metropolitan 
planning (49 U.S.C. 5303, 5304, and 5305); $12,614,000 is available for 
State planning (49 U.S.C. 5313(b)); and $35,500,000 is available for 
the national planning and research program (49 U.S.C. 5314).

                      trust fund share of expenses

                (liquidation of contract authorization)

                          (highway trust fund)

        Notwithstanding any other provision of law, for payment of 
obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-5315, 
5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038 of Public 
Law 105-178, $6,047,200,000, to remain available until expended, and to 
be derived from the Mass Transit Account of the Highway Trust Fund: 
Provided, That $3,271,200,000 shall be paid to the Federal Transit 
Administration's formula grants account: Provided further, That 
$100,800,000 shall be paid to the Federal Transit Administration's 
transit planning and research account: Provided further, That 
$60,400,000 shall be paid to the Federal Transit Administration's 
administrative expenses account: Provided further, That $4,800,000 
shall be paid to the Federal Transit Administration's university 
transportation research account: Provided further, That $100,000,000 
shall be paid to the Federal Transit Administration's job access and 
reverse commute grants program: Provided further, That $2,510,000,000 
shall be paid to the Federal Transit Administration's capital 
investment grants account.

                       capital investment grants

                     (including transfer of funds)

        For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, 
and 5327, $342,647,000, to remain available until expended: Provided, 
That no more than $2,852,647,000 of budget authority shall be available 
for these purposes: Provided further, That there shall be available for 
fixed guideway modernization, $1,214,400,000; there shall be available 
for the replacement, rehabilitation, and purchase of buses and related 
equipment and the construction of bus-related facilities, $607,400,000, 
and there shall be available for new fixed guideway systems 
$1,030,827,000, which shall include $39,827,000 transferred from the 
``Federal Railroad Administration, Pennsylvania Station Redevelopment 
Corporation'', together with $4,307,395 in unobligated balances made 
available in Public Law 106-69, $26,259,689 in unobligated balances 
made available in Public Law 106-346, and $127,347,021 in unobligated 
balances made available in Public Law 107-87, to carry out section 3037 
of Public Law 105-178, as amended, to be available as follows:
            Atlanta, Georgia, North Springs Extension, $260,000;
            Baltimore, Maryland, Central Light Rail Double Track, 
        $29,010,000;
            Chicago, Illinois, Douglas Branch Reconstruction, 
        $85,000,000;
            Chicago, Illinois, Metra Commuter Rail Expansions and 
        Extensions, $52,000,000;
            Chicago, Illinois, Ravenswood Line Extension, $40,000,000;
            Denver, Colorado, Southeast Corridor LRT, $80,000,000;
            Fort Lauderdale, Florida, South Florida Commuter Rail 
        Upgrades, $11,210,000;
            Las Vegas, Nevada, Resort Corridor Fixed Guideway Project, 
        $36,800,000;
            Los Angeles, California, Eastside Light Rail Transit 
        Project, $60,000,000;
            Los Angeles, California, North Hollywood Extension, 
        $660,000;
            Minneapolis, Minnesota, Hiawatha Light Rail Project, 
        $33,110,000;
            New Orleans, Louisiana, Canal Street Corridor Project, 
        $16,460,000;
            New York, New York Long Island Rail Road East Side Access, 
        $92,000,000;
            Northern New Jersey Hudson-Bergen Light Rail MOS1, 
        $310,000;
            Northern New Jersey Hudson-Bergen Light Rail MOS2, 
        $100,000,000;
            Northern New Jersey Newark-Elizabeth Rail Line MOS1, 
        $1,340,000;
            Phoenix, Arizona, Central Phoenix/East Valley Light Rail, 
        $69,000,000;
            Pittsburgh, Pennsylvania, Stage II Light Rail, $1,121,000;
            Portland, Oregon, Interstate Max Light Rail Extension, 
        $23,480,000;
            Salt Lake City, Utah, CBD to University LRT, $1,130,000;
            Salt Lake City, Utah, Medical Center Extension, $8,680,000;
            San Diego, California, Mission Valley East Light Rail 
        Extension, $81,640,000;
            San Diego, California, Oceanside-Escondido Rail Corridor, 
        $55,000,000;
            San Francisco, California, BART Extension to San Francisco 
        International Airport, $100,000,000;
            San Juan, Puerto Rico, Tren Urbano Rapid Transit System, 
        $54,820,000;
            Seattle, Washington, Central Link Initial Segment, 
        $80,000,000;
            St. Louis, Missouri, Metrolink St. Clair Extension, 
        $60,000;
            Washington, DC/MD, Largo Metrorail Extension, $75,430,000; 
        and
            Hawaii and Alaska Ferry Boats, $10,296,000.

                 job access and reverse commute grants

        For necessary expenses to carry out section 3037 of the Federal 
Transit Act of 1998, $50,000,000, to remain available until expended: 
Provided, That no more than $150,000,000 of budget authority shall be 
available for these purposes: Provided further, That up to $300,000 of 
the funds provided under this heading may be used by the Federal 
Transit Administration for technical assistance and support and 
performance reviews of the Job Access and Reverse Commute Grants 
program.

           general provisions--federal transit administration

        Sec. 171. The limitations on obligations for the programs of 
the Federal Transit Administration shall not apply to any authority 
under 49 U.S.C. 5338, previously made available for obligation, or to 
any other authority previously made available for obligation.
        Sec. 172. Notwithstanding any other provision of law, and 
except for fixed guideway modernization projects, funds made available 
by this Act under ``Federal Transit Administration, Capital investment 
grants'' for projects specified in this Act or identified in reports 
accompanying this Act not obligated by September 30, 2007, and other 
recoveries, shall be made available for other projects under 49 U.S.C. 
5309.
        Sec. 173. Notwithstanding any other provision of law, any funds 
appropriated before October 1, 2004, under any section of chapter 53 of 
title 49, United States Code, that remain available for expenditure may 
be transferred to and administered under the most recent appropriation 
heading for any such section.
        Sec. 174. Notwithstanding any other provision of law, for the 
purpose of calculating the non-New Starts share of the total project 
cost of both phases of San Francisco Muni's Third Street Light Rail 
Transit project for fiscal year 2005, the Secretary of Transportation 
shall include all non-New Starts contributions made towards Phase 1 of 
the two-phase project for engineering, final design and construction, 
and also shall allow non-New Starts funds expended on one element or 
phase of the project to be used to meet the non-New Starts share 
requirement of any element or phase of the project: Provided further, 
That none of the funds provided in this Act for the San Francisco Muni 
Third Street Light Rail Transit Project shall be obligated if the 
Federal Transit Administration determines that the project is found to 
be ``not recommended'' after evaluation and computation of revised 
transportation system user benefit data.
        Sec. 175. None of the funds in this Act shall be available to 
any Federal transit grantee after February 1, 2004, involved directly 
or indirectly, in any activity that promotes the legalization or 
medical use of any substance listed in schedule I of section 202 of the 
Controlled Substances Act (21 U.S.C. 812 et seq.).
    Sec. 176. From unobligated balances in the Federal Transit 
Administration's Discretionary Grants account, not to exceed 
$72,792,311 shall be transferred as follows: to the Federal Transit 
Administration's Formula Grants account, not to exceed $42,190,828; and 
to the Interstate Transfer Grants--Transit account, not to exceed 
$30,601,483: Provided, That these unobligated balances are used, 
together with Formula Grant funds that are available for 
reapportionment in such account, to restore obligation authority 
reduced due to a prior deficiency.
    Sec. 177. Notwithstanding any other provision of law, any 
unobligated funds designated to the Oklahoma Transit Association on 
pages 1305 through 1307 of the Joint Explanatory Statement of the 
Committee of Conference for Public Law 108-7 may be made available to 
the Metropolitan Tulsa Transit Authority and the Central Oklahoma 
Transportation and Parking Authority for any project or activity 
authorized under section 3037 of Public Law 105-178 upon receipt of an 
application.

             Saint Lawrence Seaway Development Corporation

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

                       operations and maintenance

                    (harbor maintenance trust fund)

        For necessary expenses for operations and maintenance of those 
portions of the Saint Lawrence Seaway operated and maintained by the 
Saint Lawrence Seaway Development Corporation, $15,900,000, to be 
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 
99-662: Provided, That, of this amount, $1,500,000 shall be for the 
concrete replacement project and related expenses at the Eisenhower and 
Snell Locks.

                        Maritime Administration

                       maritime security program

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

                        operations and training

        For necessary expenses of operations and training activities 
authorized by law, $106,400,000, of which $23,753,000 shall remain 
available until September 30, 2005, for salaries and benefits of 
employees of the United States Merchant Marine Academy; of which 
$13,138,000 shall remain available until expended for capital 
improvements at the United States Merchant Marine Academy; and of which 
$8,090,000 shall remain available until expended for the State Maritime 
Schools Schoolship Maintenance and Repair.

                             ship disposal

        For necessary expenses related to the disposal of obsolete 
vessels in the National Defense Reserve Fleet of the Maritime 
Administration, $19,116,000, to remain available until expended.

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

        For administrative expenses to carry out the guaranteed loan 
program, not to exceed $4,764,000, which shall be transferred to and 
merged with the appropriation for Operations and Training.

                           ship construction

                              (rescission)

    Of the unobligated balances available under this heading, 
$1,979,000 are rescinded.

              general provisions--maritime administration

        Sec. 185. Notwithstanding any other provision of this Act, the 
Maritime Administration is authorized to furnish utilities and services 
and make necessary repairs in connection with any lease, contract, or 
occupancy involving Government property under control of the Maritime 
Administration, and payments received therefore shall be credited to 
the appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.
        Sec. 186. No obligations shall be incurred during the current 
fiscal year from the construction fund established by the Merchant 
Marine Act, 1936, or otherwise, in excess of the appropriations and 
limitations contained in this Act or in any prior appropriations Act.
    Sec. 187. None of the funds appropriated or otherwise made 
available by this Act may be used to implement or make an award 
pursuant to the National Defense Tank Vessel Construction Assistance 
Program Request for Proposals issued by the Maritime Administration on 
February 20, 2004.

              Research and Special Programs Administration

                     research and special programs

        For expenses necessary to discharge the functions of the 
Research and Special Programs Administration, $46,790,000, of which 
$645,000 shall be derived from the Pipeline Safety Fund, and of which 
$3,025,000 shall remain available until September 30, 2007: Provided, 
That up to $1,200,000 in fees collected under 49 U.S.C. 5108(g) shall 
be deposited in the general fund of the Treasury as offsetting 
receipts: Provided further, That there may be credited to this 
appropriation, to be available until expended, funds received from 
States, counties, municipalities, other public authorities, and private 
sources for expenses incurred for training, for reports publication and 
dissemination, and for travel expenses incurred in performance of 
hazardous materials exemptions and approvals functions.

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

        For expenses necessary to conduct the functions of the pipeline 
safety program, for grants-in-aid to carry out a pipeline safety 
program, as authorized by 49 U.S.C. 60107, and to discharge the 
pipeline program responsibilities of the Oil Pollution Act of 1990, 
$68,466,000, of which $14,000,000 shall be derived from the Oil Spill 
Liability Trust Fund and shall remain available until September 30, 
2007; of which $54,466,000 shall be derived from the Pipeline Safety 
Fund, of which $22,901,000 shall remain available until September 30, 
2007: Provided further, That not less than $1,000,000 of the funds 
provided under this heading shall be for the one-call state grant 
program.

                     emergency preparedness grants

                     (emergency preparedness fund)

        For necessary expenses to carry out 49 U.S.C. 5127(c), 
$200,000, to be derived from the Emergency Preparedness Fund, to remain 
available until September 30, 2006: Provided, That not more than 
$14,300,000 shall be made available for obligation in fiscal year 2004 
from amounts made available by 49 U.S.C. 5116(i) and 5127(d) 2007: 
Provided further, That none of the funds made available by 49 U.S.C. 
5116(i), 5127(c), and 5127(d) shall be made available for obligation by 
individuals other than the Secretary of Transportation, or his 
designee.

                      Office of Inspector General

                         salaries and expenses

        For necessary expenses of the Office of Inspector General to 
carry out the provisions of the Inspector General Act of 1978, as 
amended, $58,000,000: Provided, That the Inspector General shall have 
all necessary authority, in carrying out the duties specified in the 
Inspector General Act, as amended (5 U.S.C. App. 3) to investigate 
allegations of fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to regulation by 
the Department: Provided further, That the funds made available under 
this heading shall be used to investigate, pursuant to section 41712 of 
title 49, United States Code: (1) unfair or deceptive practices and 
unfair methods of competition by domestic and foreign air carriers and 
ticket agents; and (2) the compliance of domestic and foreign air 
carriers with respect to item (1) of this proviso.

                      Surface Transportation Board

                         salaries and expenses

        For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $20,771,000: Provided, 
That notwithstanding any other provision of law, not to exceed 
$1,250,000 from fees established by the Chairman of the Surface 
Transportation Board shall be credited to this appropriation as 
offsetting collections and used for necessary and authorized expenses 
under this heading: Provided further, That the sum herein appropriated 
from the general fund shall be reduced on a dollar-for-dollar basis as 
such offsetting collections are received during fiscal year 2005, to 
result in a final appropriation from the general fund estimated at no 
more than $19,721,000.

            general provisions--department of transportation

                     (including transfers of funds)

        Sec. 188. During the current fiscal year applicable 
appropriations to the Department of Transportation shall be available 
for maintenance and operation of aircraft; hire of passenger motor 
vehicles and aircraft; purchase of liability insurance for motor 
vehicles operating in foreign countries on official department 
business; and uniforms or allowances therefor, as authorized by law (5 
U.S.C. 5901-5902).
        Sec. 189. Appropriations contained in this Act for the 
Department of Transportation shall be available for services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for an Executive Level IV.
        Sec. 190. None of the funds in this Act shall be available for 
salaries and expenses of more than 106 political and Presidential 
appointees in the Department of Transportation: Provided, That none of 
the personnel covered by this provision may be assigned on temporary 
detail outside the Department of Transportation.
        Sec. 191. None of the funds in this Act shall be used to 
implement section 404 of title 23, United States Code.
        Sec. 192. (a) No recipient of funds made available in this Act 
shall disseminate personal information (as defined in 18 U.S.C. 
2725(3)) obtained by a State department of motor vehicles in connection 
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as 
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
        (b) Notwithstanding subsection (a), the Secretary shall not 
withhold funds provided in this Act for any grantee if a State is in 
noncompliance with this provision.
        Sec. 193. Funds received by the Federal Highway Administration, 
Federal Transit Administration, and Federal Railroad Administration 
from States, counties, municipalities, other public authorities, and 
private sources for expenses incurred for training may be credited 
respectively to the Federal Highway Administration's ``Federal-Aid 
Highways'' account, the Federal Transit Administration's ``Transit 
Planning and Research'' account, and to the Federal Railroad 
Administration's ``Safety and Operations'' account, except for State 
rail safety inspectors participating in training pursuant to 49 U.S.C. 
20105.
        Sec. 194. Notwithstanding any other provisions of law, rule or 
regulation, the Secretary of Transportation is authorized to allow the 
issuer of any preferred stock heretofore sold to the Department to 
redeem or repurchase such stock upon the payment to the Department of 
an amount determined by the Secretary.
        Sec. 195. None of the funds in title I of this Act may be used 
to make a grant unless the Secretary of Transportation notifies the 
House and Senate Committees on Appropriations not less than 3 full 
business days before any discretionary grant award, letter of intent, 
or full funding grant agreement totaling $1,000,000 or more is 
announced by the department or its modal administrations from: (1) any 
discretionary grant program of the Federal Highway Administration other 
than the emergency relief program; (2) the airport improvement program 
of the Federal Aviation Administration; or (3) any program of the 
Federal Transit Administration other than the formula grants and fixed 
guideway modernization programs: Provided, That no notification shall 
involve funds that are not available for obligation.
        Sec. 196. Rebates, refunds, incentive payments, minor fees and 
other funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations 
of the Department of Transportation and allocated to elements of the 
Department of Transportation using fair and equitable criteria and such 
funds shall be available until expended.
        Sec. 197. Amounts made available in this or any other Act that 
the Secretary determines represent improper payments by the Department 
of Transportation to a third party contractor under a financial 
assistance award, which are recovered pursuant to law, shall be 
available--
            (1) to reimburse the actual expenses incurred by the 
        Department of Transportation in recovering improper payments; 
        and
            (2) to pay contractors for services provided in recovering 
        improper payments: Provided, That amounts in excess of that 
        required for paragraphs (1) and (2)--
                    (A) shall be credited to and merged with the 
                appropriation from which the improper payments were 
                made, and shall be available for the purposes and 
                period for which such appropriations are available; or
                    (B) if no such appropriation remains available, 
                shall be deposited in the Treasury as miscellaneous 
                receipts: Provided, That prior to the transfer of any 
                such recovery to an appropriations account, the 
                Secretary shall notify the House and Senate Committees 
                on Appropriations of the amount and reasons for such 
                transfer: Provided further, That for purposes of this 
                section, the term ``improper payments'', has the same 
                meaning as that provided in section 2(d)(2) of Public 
                Law 107-300.
        Sec. 198. The Secretary of Transportation is authorized to 
transfer the unexpended balances available for the bonding assistance 
program from ``Office of the secretary, salaries and expenses'' to 
``Minority business outreach''.
    Sec. 199. None of the funds made available in this Act to the 
Department of Transportation may be obligated for the Office of the 
Secretary of Transportation to approve assessments or reimbursable 
agreements pertaining to funds appropriated to the modal 
administrations in this Act, except for activities underway on the date 
of enactment of this Act, unless such assessments or agreements have 
completed the normal reprogramming process for Congressional 
notification.

                  TITLE II--DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

                     (including transfer of funds)

        For necessary expenses of the departmental offices including 
operation and maintenance of the Treasury Building and Annex; hire of 
passenger motor vehicles; maintenance, repairs, and improvements of, 
and purchase of commercial insurance policies for, real properties 
leased or owned overseas, when necessary for the performance of 
official business; not to exceed $2,750,000 for official travel 
expenses; not to exceed $3,000,000, to remain available until September 
30, 2006 for information technology modernization requirements; not to 
exceed $75,000 for official reception and representation expenses; not 
to exceed $258,000 for unforeseen emergencies of a confidential nature, 
to be allocated and expended under the direction of the Secretary of 
the Treasury and to be accounted for solely on his certificate, 
$177,000,000: Provided, That the Office of Foreign Assets Control shall 
be funded at no less than $22,511,000 and 120 full-time equivalent 
positions: Provided further, That of these amounts, up to $2,900,000 is 
for grants to State and local law enforcement groups to help fight 
money laundering; $3,393,000, to remain available until September 30, 
2006, shall be for the Treasury-wide financial statement audit program, 
of which such amounts as may be necessary may be transferred to 
accounts of the Department's offices and bureaus to conduct audits: 
Provided further, That this transfer authority shall be in addition to 
any other provided in this Act.

        Department-Wide Systems and Capital Investments Programs

                     (including transfer of funds)

        For development and acquisition of automatic data processing 
equipment, software, and services for the Department of the Treasury, 
$36,072,000, to remain available until September 30, 2007: Provided, 
That these funds shall be transferred to accounts and in amounts as 
necessary to satisfy the requirements of the Department's offices, 
bureaus, and other organizations: Provided further, That this transfer 
authority shall be in addition to any other transfer authority provided 
in this Act: Provided further, That none of the funds appropriated 
shall be used to support or supplement ``Internal revenue service, 
information systems'' or ``Internal revenue service, business systems 
modernization''.

                      Office of Inspector General

                         salaries and expenses

        For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, not to exceed $2,000,000 for official travel expenses, 
including hire of passenger motor vehicles; and not to exceed $100,000 
for unforeseen emergencies of a confidential nature, to be allocated 
and expended under the direction of the Inspector General of the 
Treasury, $16,500,000.

           Treasury Inspector General for Tax Administration

                         salaries and expenses

        For necessary expenses of the Treasury Inspector General for 
Tax Administration in carrying out the Inspector General Act of 1978, 
as amended, including purchase (not to exceed 150 for replacement only 
for police-type use) and hire of passenger motor vehicles (31 U.S.C. 
1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Inspector General for Tax Administration; not to 
exceed $6,000,000 for official travel expenses; and not to exceed 
$500,000 for unforeseen emergencies of a confidential nature, to be 
allocated and expended under the direction of the Inspector General for 
Tax Administration, $129,126,000.

            Air Transportation Stabilization Program Account

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

           Treasury Building and Annex Repair and Restoration

                     (including transfer of funds)

        For the repair, alteration, and improvement of the Treasury 
Building and Annex, $20,316,000, to remain available until September 
30, 2007: Provided, That up to $2,000,000 of the amount provided under 
this heading shall be transferred to and merged with ``Office of 
Inspector General, salaries and expenses'' for costs associated with 
the audit of this account.

                 Expanded Access to Financial Services

                              (rescission)

    Of the unobligated balances available under this heading, 
$4,000,000 are rescinded.

                    Violent Crime Reduction Program

                              (rescission)

    Of the unobligated balances available under this heading, 
$1,000,000 are rescinded.

                  Financial Crimes Enforcement Network

                         salaries and expenses

    For necessary expenses of the financial crimes enforcement network, 
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with 
financial intelligence activities, law enforcement, and financial 
regulation; and for assistance to Federal law enforcement agencies, 
with or without reimbursement, $64,502,000, of which not to exceed 
$7,000,000 shall remain available until September 30, 2007; and of 
which $8,354,000 shall remain available until September 30, 2006: 
Provided, That funds appropriated in this account may be used to 
procure personal services contracts.

                      Financial Management Service

                         salaries and expenses

        For necessary expenses of the financial management service, 
$230,930,000, of which not to exceed $9,220,000 shall remain available 
until September 30, 2007, for information systems modernization 
initiatives.

                Alcohol and Tobacco Tax and Trade Bureau

                         salaries and expenses

        For necessary expenses of carrying out section 1111 of the 
Homeland Security Act of 2002, including hire of passenger motor 
vehicles, $82,542,000; of which not to exceed $50,000 for cooperative 
research and development programs for laboratory services; and 
provision of laboratory assistance to State and local agencies with or 
without reimbursement.

                           United States Mint

               united states mint public enterprise fund

        Pursuant to section 5136 of title 31, United States Code, the 
United States Mint is provided funding through the United States Mint 
Public Enterprise Fund for costs associated with the production of 
circulating coins, numismatic coins, and protective services, including 
both operating expenses and capital investments. The aggregate amount 
of new liabilities and obligations incurred during fiscal year 2005 
under such section 5136 for circulating coinage and protective service 
capital investments of the United States Mint shall not exceed 
$41,100,000.

                       Bureau of the Public Debt

                     administering the public debt

        For necessary expenses connected with any public-debt issues of 
the United States, $179,566,000, of which not to exceed $2,000,000 
shall remain available until expended for systems modernization: 
Provided, That the sum appropriated herein from the general fund for 
fiscal year 2005 shall be reduced by not more than $4,400,000 as 
definitive security issue fees and Treasury direct investor account 
maintenance fees are collected, so as to result in a final fiscal year 
2005 appropriation from the general fund estimated at $175,166,000. In 
addition, $60,000 to be derived from the Oil Spill Liability Trust Fund 
to reimburse the Bureau for administrative and personnel expenses for 
financial management of the Fund, as authorized by section 1012 of 
Public Law 101-380.

                        Internal Revenue Service

                 processing, assistance, and management

        For necessary expenses of the Internal Revenue Service for pre-
filing taxpayer assistance and education, filing and account services, 
shared services support, general management and administration; and 
services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner, $4,071,824,000, of which up to 
$4,100,000 shall be for the Tax Counseling for the Elderly Program, and 
of which $7,500,000 shall be available for low-income taxpayer clinic 
grants.

                          tax law enforcement

                     (including transfer of funds)

        For necessary expenses of the Internal Revenue Service for 
determining and establishing tax liabilities; providing litigation 
support; conducting criminal investigation and enforcement activities; 
securing unfiled tax returns; collecting unpaid accounts; conducting a 
document matching program; resolving taxpayer problems through prompt 
identification, referral and settlement; expanded customer service and 
public outreach programs, strengthened enforcement activities, and 
enhanced research efforts to reduce erroneous filings associated with 
the earned income tax credit; compiling statistics of income and 
conducting compliance research; purchase (for police-type use, not to 
exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); 
and services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner, $4,278,107,000, of which not to exceed 
$1,000,000 shall remain available until September 30, 2007, for 
research: Provided, That up to $10,000,000 may be transferred as 
necessary from this account to the IRS Processing, Assistance, and 
Management appropriation or the IRS Information Systems appropriation 
solely for the purposes of management of the Earned Income Tax Credit 
compliance program and to reimburse the Social Security Administration 
for the cost of implementing section 1090 of the Taxpayer Relief Act of 
1997 (Public Law 105-33): Provided further, That this transfer 
authority shall be in addition to any other transfer authority provided 
in this Act.

                          information systems

        For necessary expenses of the Internal Revenue Service for 
information systems and telecommunications support, including 
developmental information systems and operational information systems; 
the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services 
as authorized by 5 U.S.C. 3109, at such rates as may be determined by 
the Commissioner, $1,622,093,000, of which $200,000,000 shall remain 
available until September 30, 2006.

                     business systems modernization

        For necessary expenses of the Internal Revenue Service, 
$285,000,000, to remain available until September 30, 2007, for the 
capital asset acquisition of information technology systems, including 
management and related contractual costs of said acquisitions, 
including contractual costs associated with operations authorized by 5 
U.S.C. 3109: Provided, That none of these funds may be obligated until 
the Internal Revenue Service submits to the Committees on 
Appropriations, and such Committees approve, a plan for expenditure 
that: (1) meets the capital planning and investment control review 
requirements established by the Office of Management and Budget, 
including Circular A-11 part 3; (2) complies with the Internal Revenue 
Service's enterprise architecture, including the modernization 
blueprint; (3) conforms with the Internal Revenue Service's enterprise 
life cycle methodology; (4) is approved by the Internal Revenue 
Service, the Department of the Treasury, and the Office of Management 
and Budget; (5) has been reviewed by the General Accounting Office; and 
(6) complies with the acquisition rules, requirements, guidelines, and 
systems acquisition management practices of the Federal Government.

               health insurance tax credit administration

        For expenses necessary to implement the health insurance tax 
credit included in the Trade Act of 2002 (Public Law 107-210), 
$34,841,000.

         administrative provisions--department of the treasury

    Sec. 201. Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be 
transferred to any other Internal Revenue Service appropriation upon 
the advance approval of the Committees on Appropriations.
    Sec. 202. The Internal Revenue Service Shall maintain a training 
program to ensure that Internal Revenue Service employees are trained 
in taxpayers' rights, in dealing courteously with the taxpayers, and in 
cross-cultural relations.
    Sec. 203. The Internal Revenue Service shall institute and enforce 
policies and procedures that will safeguard the confidentiality of 
taxpayer information.
    Sec. 204. Funds made available by this or any other Act to the 
Internal Revenue service shall be available for improved facilities and 
manpower to provide sufficient and effective 1-800 help line service 
for taxpayers. The Commissioner shall continue to make the improvement 
of the Internal Revenue Service 1-800 help line service a priority and 
allocate resources necessary to increase phone lines and staff to 
improve the Internal Revenue Service 1-800 help line service.
        Sec. 205. Appropriations to the Department of the Treasury in 
this Act shall be available for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning; purchase of insurance for official motor vehicles operated in 
foreign countries; purchase of motor vehicles without regard to the 
general purchase price limitations for vehicles purchased and used 
overseas for the current fiscal year; entering into contracts with the 
Department of State for the furnishing of health and medical services 
to employees and their dependents serving in foreign countries; and 
services authorized by 5 U.S.C. 3109.
        Sec. 206. Not to exceed 2 percent of any appropriations in this 
Act made available to the Departmental Offices--Salaries and Expenses, 
Office of Inspector General, Financial Management Service, Alcohol and 
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and 
Bureau of the Public Debt, may be transferred between such 
appropriations upon the advance approval of the Committees on 
Appropriations: Provided, That no transfer may increase or decrease any 
such appropriation by more than 2 percent.
        Sec. 207. Not to exceed 2 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be 
transferred to the Treasury Inspector General for Tax Administration's 
appropriation upon the advance approval of the Committees on 
Appropriations: Provided, That no transfer may increase or decrease any 
such appropriation by more than 2 percent.
        Sec. 208. Of the funds available for the purchase of law 
enforcement vehicles, no funds may be obligated until the Secretary of 
the Treasury certifies that the purchase by the respective Treasury 
bureau is consistent with Departmental vehicle management principles: 
Provided, That the Secretary may delegate this authority to the 
Assistant Secretary for Management.
        Sec. 209. None of the funds appropriated in this Act or 
otherwise available to the Department of the Treasury or the Bureau of 
Engraving and Printing may be used to redesign the $1 Federal Reserve 
note.
        Sec. 210. The Secretary of the Treasury may transfer funds from 
``Financial management service, salaries and expenses'' to ``Debt 
services'' as necessary to cover the costs of debt collection: 
Provided, That such amounts shall be reimbursed to such salaries and 
expenses account from debt collections received in the Debt Services 
Account.
        Sec. 211. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 
3104 note), is further amended by striking ``6 years'' and inserting 
``7 years''.
    Sec. 212. The Treasury Department Appropriations Act, 1997 under 
the heading ``Treasury Franchise Fund'', as amended, is further amended 
by striking ``October 1, 2004'' and inserting ``October 1, 2005''.
    Sec. 213. (a) Section 3333 of title 31, United States Code, is 
amended as follows:
            (1) By amending subsection (a)(1) to read as follows:
    ``(a)(1) The Secretary of the Treasury is not liable for a payment 
made by the Secretary or depositary in due course and without 
negligence, of--
            (A) a check, draft, or warrant drawn on the Treasury or the 
        depositary;
            (B) an electronic payment issued by the Treasury or the 
        depositary; and
            (C) a debt obligation guaranteed or assumed by the United 
        States Government.'';
        (2) By inserting after paragraph (2) of subsection (a) the 
following new paragraph:
        ``(3) The amount of the relief shall be charged to the Check 
Forgery Insurance Fund (31 U.S.C. 3343). A recovery or repayment of a 
loss for which replacement is made out of the fund shall be credited to 
the fund and is available for the purposes for which the fund was 
established.''.
        (b) The Check Forgery Insurance Fund (31 U.S.C. 3343) shall be 
available to fund amounts relating to the payment of items listed in 31 
U.S.C. 3333(a)(1), as amended above, prior to the enactment of this 
Act.
    Sec. 214. None of the funds appropriated or otherwise made 
available by this or any other Act may be used by the United States 
Mint to construct or operate any museum without the explicit approval 
of the House Committee on Financial Services and the Senate Committee 
on Banking, Housing, and Urban Affairs.
    Sec. 215. None of the funds appropriated or otherwise made 
available by this or any other Act or source to the Department of the 
Treasury, the Bureau of Engraving and Printing, and the United States 
Mint, individually or collectively, may be used to consolidate any or 
all functions of the Bureau of Engraving and Printing and the United 
States Mint without the explicit approval of the House Committee on 
Financial Services; the Senate Committee on Banking, Housing, and Urban 
Affairs; the House Committee on Appropriations; and the Senate 
Committee on Appropriations.
    Sec. 216. None of the funds made available in this Act to the 
Secretary of the Treasury may be used to publish, implement, 
administer, or enforce regulations that permit financial institutions 
to accept the matricula consular identification card as a form of 
identification.

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

                     Compensation of the President

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

                           White House Office

                         salaries and expenses

        For necessary expenses for the White House as authorized by 
law, including not to exceed $3,850,000 for services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 
U.S.C. 105, which shall be expended and accounted for as provided in 
that section; hire of passenger motor vehicles, newspapers, 
periodicals, teletype news service, and travel (not to exceed $100,000 
to be expended and accounted for as provided by 3 U.S.C. 103); and not 
to exceed $19,000 for official entertainment expenses, to be available 
for allocation within the Executive Office of the President, 
$59,525,000: Provided, That $8,345,395 of the funds appropriated shall 
be available for reimbursements to the White House Communications 
Agency.

                 Executive Residence at the White House

                           operating expenses

    For the care, maintenance, repair and alteration, refurnishing, 
improvement, heating, and lighting, including electric power and 
fixtures, of the Executive Residence at the White House and official 
entertainment expenses of the President, $12,760,000, to be expended 
and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.

                         reimbursable expenses

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

                   White House Repair and Restoration

        For the repair, alteration, and improvement of the Executive 
Residence at the White House, $1,900,000, to remain available until 
expended, for required maintenance, safety and health issues, and 
continued preventative maintenance.

                      Council of Economic Advisers

                         salaries and expenses

        For necessary expenses of the Council of Economic Advisers in 
carrying out its functions under the Employment Act of 1946 (15 U.S.C. 
1021), $4,040,000.

                      Office of Policy Development

                         salaries and expenses

        For necessary expenses of the Office of Policy Development, 
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, 
$2,267,000.

                       National Security Council

                         salaries and expenses

        For necessary expenses of the National Security Council, 
including services as authorized by 5 U.S.C. 3109, $8,932,000.

                       Homeland Security Council

                         salaries and expenses

    For necessary expenses of the Homeland Security Council, including 
services as authorized by 5 U.S.C. 3109, $2,475,000.

                        Office of Administration

                         salaries and expenses

        For necessary expenses of the Office of Administration, 
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and 
hire of passenger motor vehicles, $92,696,000, of which $12,075,000 
shall remain available until expended for the Capital Investment Plan 
for continued modernization of the information technology 
infrastructure within the Executive Office of the President: Provided, 
That $4,000,000 of Capital Investment Plan funds may not be obligated 
until the Executive Office of the President has submitted a report to 
the Committees on Appropriations that includes an Enterprise 
Architecture, as defined in OMB Circular A-130 and the Federal Chief 
Information Officers Council guidance, that is reviewed and approved by 
the Office of Management and Budget, reviewed by the U.S. General 
Accountability Office, and approved by the Committees on 
Appropriations.

                    Office of Management and Budget

                         salaries and expenses

        For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles and services as authorized 
by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 
44, United States Code, $67,759,000, of which not to exceed $1,500 
shall be available for official representation expenses: Provided, 
That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied 
only to the objects for which appropriations were made except as 
otherwise provided by law: Provided further, That none of the funds 
appropriated in this Act for the Office of Management and Budget may be 
used for the purpose of reviewing any agricultural marketing orders or 
any activities or regulations under the provisions of the Agricultural 
Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided 
further, That none of the funds made available for the Office of 
Management and Budget by this Act may be expended for the altering of 
the transcript of actual testimony of witnesses, except for testimony 
of officials of the Office of Management and Budget, before the 
Committees on Appropriations or their subcommittees: Provided further, 
That the preceding shall not apply to printed hearings released by the 
Committees on Appropriations: Provided further, That none of the funds 
appropriated in this Act may be available to pay the salary or expenses 
of any employee of the Office of Management and Budget who calculates, 
prepares, or approves any tabular or other material that proposes the 
sub-allocation of budget authority or outlays by the Committees on 
Appropriations among their subcommittees.

                 Office of National Drug Control Policy

                         salaries and expenses

        For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.); 
not to exceed $10,000 for official reception and representation 
expenses; and for participation in joint projects or in the provision 
of services on matters of mutual interest with nonprofit, research, or 
public organizations or agencies, with or without reimbursement, 
$28,109,000; of which $1,350,000 shall remain available until expended 
for policy research and evaluation: Provided, That the Office is 
authorized to accept, hold, administer, and utilize gifts, both real 
and personal, public and private, without fiscal year limitation, for 
the purpose of aiding or facilitating the work of the Office.

                counterdrug technology assessment center

                     (including transfer of funds)

        For necessary expenses for the Counterdrug Technology 
Assessment Center for research activities pursuant to the Office of 
National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 
1701 et seq.), $30,000,000, which shall remain available until 
expended, consisting of $10,000,000 for counternarcotics research and 
development projects, and $20,000,000 for the continued operation of 
the technology transfer program: Provided, That the $10,000,000 for 
counternarcotics research and development projects shall be available 
for transfer to other Federal departments or agencies.

                     federal drug control programs

             high intensity drug trafficking areas program

                     (including transfers of funds)

        For necessary expenses of the Office of National Drug Control 
Policy's High Intensity Drug Trafficking Areas Program, $215,350,000, 
for drug control activities consistent with the approved strategy for 
each of the designated High Intensity Drug Trafficking Areas, of which 
not less than $208,000,000 shall be provided as base funding to High 
Intensity Drug Trafficking Areas: Provided, That no less than 51 
percent shall be transferred to State and local entities for drug 
control activities, which shall be obligated within 120 days of the 
date of the enactment of this Act: Provided further, That up to 49 
percent, to remain available until September 30, 2006, may be 
transferred to Federal agencies and departments at a rate to be 
determined by the Director: Provided further, That $2,000,000 shall be 
used for auditing services and associated activities, and at least 
$500,000 of the $2,000,000 shall be used to develop and implement a 
data collection system to measure the performance of the High Intensity 
Drug Trafficking Areas Program: Provided further, That High Intensity 
Drug Trafficking Areas Programs designated as of September 30, 2004, 
shall be funded at no less than the fiscal year 2004 initial allocation 
levels unless the Director submits to the House and Senate Committees 
on Appropriations, and the Committees approve, justification for 
changes in those levels based on clearly articulated priorities for the 
High Intensity Drug Trafficking Areas Programs, as well as published 
Office of National Drug Control Policy performance measures of 
effectiveness: Provided further, That a request shall be submitted to 
the House and Senate Committees on Appropriations for approval prior to 
the obligation of funds of an amount in excess of the fiscal year 2005 
budget request: Provided further, That such request shall be made in 
compliance with the reprogramming guidelines.

                  other federal drug control programs

                     (including transfer of funds)

        For activities to support a national anti-drug campaign for 
youth, and for other purposes, authorized by the Office of National 
Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et 
seq.), $195,000,000 to remain available until expended, of which the 
following amounts are available as follows: $120,000,000 to support a 
national media campaign, as authorized by the Drug-Free Media Campaign 
Act of 1998; $70,000,000 to continue a program of matching grants to 
drug-free communities, of which $1,000,000 shall be a directed grant to 
the Community Anti-Drug Coalitions of America for the National 
Community Anti-Drug Coalition Institute, as authorized in chapter 2 of 
the National Narcotics Leadership Act of 1988, as amended; $1,000,000 
for the Counterdrug Intelligence Executive Secretariat; $500,000 for 
the National Alliance for Model State Drug Laws; $1,000,000 for 
evaluations and research related to National Drug Control Program 
performance measures; $500,000 for the National Drug Court Institute; 
$1,500,000 for the United States Anti-Doping Agency for anti-doping 
activities; and $500,000 for the United States membership dues to the 
World Anti-Doping Agency: Provided, That such funds may be transferred 
to other Federal departments and agencies to carry out such activities: 
Provided further, That of the amounts appropriated for a national media 
campaign, no less than 78 percent shall be used for the purchase of 
advertising time and space for the national media campaign.

                          Unanticipated Needs

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

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

                         salaries and expenses

        For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106, which 
shall be expended and accounted for as provided in that section; and 
hire of passenger motor vehicles, $4,571,000.

                           operating expenses

                     (including transfer of funds)

        For the care, operation, refurnishing, improvement, and to the 
extent not otherwise provided for, heating and lighting, including 
electric power and fixtures, of the official residence of the Vice 
President; the hire of passenger motor vehicles; and not to exceed 
$90,000 for official entertainment expenses of the Vice President, to 
be accounted for solely on his certificate, $333,000: Provided, That 
advances or repayments or transfers from this appropriation may be made 
to any department or agency for expenses of carrying out such 
activities.

                     TITLE IV--INDEPENDENT AGENCIES

       Architectural and Transportation Barriers Compliance Board

                         salaries and expenses

        For expenses necessary for the Architectural and Transportation 
Barriers Compliance Board, as authorized by section 502 of the 
Rehabilitation Act of 1973, as amended $5,686,000: Provided, That, 
notwithstanding any other provision of law, there may be credited to 
this appropriation funds received for publications and training 
expenses.

                  National Transportation Safety Board

                         salaries and expenses

                    (including rescission of funds)

        For necessary expenses of the National Transportation Safety 
Board, including hire of passenger motor vehicles and aircraft; 
services as authorized by 5 U.S.C. 3109, but at rates for individuals 
not to exceed the per diem rate equivalent to the rate for a GS-15; 
uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902) $76,925,000, of which not to exceed $2,000 may be used for 
official reception and representation expenses. Of the available 
unobligated balances made available under Public Law 106-246, 
$8,000,000 are hereby cancelled.

                      Federal Election Commission

                         salaries and expenses

        For necessary expenses to carry out the provisions of the 
Federal Election Campaign Act of 1971, as amended, $52,159,000, of 
which no less than $4,700,000 shall be available for internal automated 
data processing systems, and of which not to exceed $5,000 shall be 
available for reception and representation expenses: Provided, That 
none of the funds provided in this Act or from any other source may be 
used to allow any candidate for or member of the House of 
Representatives or United States Senate to file information and reports 
required by the Commission in any form other than electronically.

                     Election Assistance Commission

                         salaries and expenses

                     (including transfer of funds)

        For necessary expenses to carry out the Help America Vote Act 
of 2002 (HAVA), $15,000,000, of which not less than $2,500,000 shall be 
transferred to the National Institutes of Standards and Technology for 
election reform activities as authorized by HAVA: Provided, That none 
of the funds under this heading may be used for any member or employee 
of the Election Assistance Commission for lobbying activities, if the 
lobbying relates to the advocacy of a change in the date provided under 
Federal law for general elections for Federal office.

                   Federal Labor Relations Authority

                         salaries and expenses

        For necessary expenses to carry out functions of the Federal 
Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 
of 1978, and the Civil Service Reform Act of 1978, including services 
authorized by 5 U.S.C. 3109, and including hire of experts and 
consultants, hire of passenger motor vehicles, and rental of conference 
rooms in the District of Columbia and elsewhere, $29,673,000: Provided, 
That public members of the Federal Service Impasses Panel may be paid 
travel expenses and per diem in lieu of subsistence as authorized by 
law (5 U.S.C. 5703) for persons employed intermittently in the 
Government service, and compensation as authorized by 5 U.S.C. 3109: 
Provided further, That notwithstanding 31 U.S.C. 3302, funds received 
from fees charged to non-Federal participants at labor-management 
relations conferences shall be credited to and merged with this 
account, to be available without further appropriation for the costs of 
carrying out these conferences.

                      Federal Maritime Commission

                         salaries and expenses

        For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902, $19,362,000: Provided, That not to exceed $2,000 
shall be available for official reception and representation expenses.

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

                     (including transfer of funds)

        To carry out the purposes of the Fund established pursuant to 
section 210(f) of the Federal Property and Administrative Services Act 
of 1949, as amended (40 U.S.C. 592), the revenues and collections 
deposited into the Fund shall be available for necessary expenses of 
real property management and related activities not otherwise provided 
for, including operation, maintenance, and protection of federally 
owned and leased buildings; rental of buildings in the District of 
Columbia; restoration of leased premises; moving governmental agencies 
(including space adjustments and telecommunications relocation 
expenses) in connection with the assignment, allocation and transfer of 
space; contractual services incident to cleaning or servicing 
buildings, and moving; repair and alteration of federally owned 
buildings including grounds, approaches and appurtenances; care and 
safeguarding of sites; maintenance, preservation, demolition, and 
equipment; acquisition of buildings and sites by purchase, 
condemnation, or as otherwise authorized by law; acquisition of options 
to purchase buildings and sites; conversion and extension of federally 
owned buildings; preliminary planning and design of projects by 
contract or otherwise; construction of new buildings (including 
equipment for such buildings); and payment of principal, interest, and 
any other obligations for public buildings acquired by installment 
purchase and purchase contract; in the aggregate amount of 
$6,996,741,000, of which: (1) $522,251,000 shall remain available until 
expended for construction (including funds for sites and expenses and 
associated design and construction services) of additional projects at 
the following locations:
        New Construction:
            California:
                    Los Angeles, United States Courthouse, $314,385,000
                    San Diego, United States Courthouse, $3,068,000
            District of Columbia:
                    Southeast Federal Center Site Remediation, 
                $2,650,000
            Maine:
                    Calais, Border Station, $3,269,000
                    Madawaska, Border Station, $1,760,000
            Maryland:
                    Montgomery County, Food and Drug Administration 
                Consolidation, $88,710,000
            Minnesota:
                    Warroad, Border Station, $1,837,000
            New York:
                    Alexandria Bay, Border Station, $8,884,000
                    Massena, Border Station, $15,000,000
            North Dakota:
                    Dunseith, Border Station, $2,301,000
                    Portal, Border Station, $22,351,000
            Texas:
                    El Paso, Paso Del Norte Border Station, $26,191,000
                    El Paso, United States Courthouse, $2,714,000
                    El Paso, Ysleta Border Station, $2,491,000
            Vermont:
                    Derby Line, Border Station, $3,348,000
                    Norton, Border Station, $1,747,000
                    Richford, Border Station, $1,545,000
            Nonprospectus Construction, $10,000,000
            Judgment Fund repayment, $10,000,000:
Provided, That each of the foregoing limits of costs on new 
construction projects may be exceeded to the extent that savings are 
effected in other such projects, but not to exceed 10 percent of the 
amounts included in an approved prospectus, if required, unless advance 
approval is obtained from the Committees on Appropriations of a greater 
amount: Provided further, That all funds for direct construction 
projects shall expire on September 30, 2006, and remain in the Federal 
Buildings Fund except for funds for projects as to which funds for 
design or other funds have been obligated in whole or in part prior to 
such date; (2) $931,211,000 shall remain available until expended for 
repairs and alterations, which includes associated design and 
construction services: Provided further, That the Administrator shall 
fund the following projects from repair and alterations as the 
limitation will allow:
        Repairs and Alterations:
            District of Columbia:
                    Eisenhower Executive Office Building, $5,000,000
                    Federal Office Building 6, $8,267,000
                    Hoover FBI Building, $10,242,000
                    Mary E. Switzer Building, $80,335,000
                    New Executive Office Building, $6,262,000
                    Steam Distribution System, $2,000,000
                    Theodore Roosevelt Building, $9,730,000
            Georgia:
                    Atlanta, Martin Luther King, Jr. Federal Building, 
                $14,800,000
                    Atlanta, United States Court of Appeals, 
                $32,004,000
            Hawaii:
                    Hilo, Federal Building, $5,133,000
            Louisiana:
                    New Orleans, Boggs Federal Building, $22,581,000
                    New Orleans, Wisdom Courthouse of Appeals, 
                $8,005,000
            Maryland:
                    Baltimore, George H. Fallon Federal Building, 
                $46,163,000
                    Suitland, National Record Center, $7,989,000
                    Woodlawn, Social Security Administration Altmeyer 
                Building, $6,300,000
            Minnesota:
                    St. Paul, Warren E. Burger Federal Building--
                Courthouse, $36,644,000
            Missouri:
                    Kansas City, Richard Bolling Federal Building, 
                $40,048,000
            New York:
                    New York, Foley Square Courthouse, $2,505,000
                    Queens, Joseph P. Addabbo Federal Building, 
                $5,455,000
            Ohio:
                    Cincinnati, Potter Stewart Courthouse, $37,975,000
                    Cleveland, Celebreeze Federal Building, $37,375,000
            Washington:
                    Seattle, William Nakamura Courthouse, $50,210,000
            Special Emphasis Programs:
                    Chlorofluorocarbons Program, $13,000,000
                    Energy Program, $30,000,000
                    Glass Fragment Retention, $20,000,000
            Design Program, $49,699,000
            Basic Repairs and Alterations, $394,500,000:
Provided further, That funds made available in this or any previous Act 
in the Federal Buildings Fund for repairs and alterations shall, for 
prospectus projects, be limited to the amount identified for each 
project, except each project in this or any previous Act may be 
increased by an amount not to exceed 10 percent unless advance approval 
is obtained from the Committees on Appropriations of a greater amount: 
Provided further, That additional projects for which prospectuses have 
been fully approved may be funded under this category only if advance 
approval is obtained from the Committees on Appropriations: Provided 
further, That the amounts provided in this or any prior Act for repairs 
and alterations may be used to fund costs associated with implementing 
security improvements to buildings necessary to meet the minimum 
standards for security in accordance with current law and in compliance 
with the reprogramming guidelines of the appropriate Committees of the 
House and Senate: Provided further, That the difference between the 
funds appropriated and expended on any projects in this or any prior 
Act, under the heading repairs and alterations, may be transferred to 
basic repairs and alterations or used to fund authorized increases in 
prospectus projects: Provided further, That all funds for repairs and 
alterations prospectus projects shall expire on September 30, 2006 and 
remain in the Federal Buildings Fund except funds for projects as to 
which funds for design or other funds have been obligated in whole or 
in part prior to such date: Provided further, That the amount provided 
in this or any prior Act for basic repairs and alterations may be used 
to pay claims against the Government arising from any projects under 
the heading repairs and alterations or used to fund authorized 
increases in prospectus projects; (3) $161,442,000 for installment 
acquisition payments including payments on purchase contracts which 
shall remain available until expended; (4) $3,672,315,000 for rental of 
space which shall remain available until expended; and (5) 
$1,709,522,000 for building operations which shall remain available 
until expended: Provided further, That funds available to the General 
Services Administration shall not be available for expenses of any 
construction, repair, alteration and acquisition project for which a 
prospectus, if required by the Public Buildings Act of 1959, as 
amended, has not been approved, except that necessary funds may be 
expended for each project for required expenses for the development of 
a proposed prospectus: Provided further, That funds available in the 
Federal Buildings Fund may be expended for emergency repairs when 
advance approval is obtained from the Committees on Appropriations: 
Provided further, That amounts necessary to provide reimbursable 
special services to other agencies under section 210(f)(6) of the 
Federal Property and Administrative Services Act of 1949, as amended 
(40 U.S.C. 592(b)(2)) and amounts to provide such reimbursable fencing, 
lighting, guard booths, and other facilities on private or other 
property not in Government ownership or control as may be appropriate 
to enable the United States Secret Service to perform its protective 
functions pursuant to 18 U.S.C. 3056, shall be available from such 
revenues and collections: Provided further, That revenues and 
collections and any other sums accruing to this Fund during fiscal year 
2005, excluding reimbursements under section 210(f)(6) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) 
in excess of the aggregate new obligational authority authorized for 
Real Property Activities of the Federal Buildings Fund in this Act 
shall remain in the Fund and shall not be available for expenditure 
except as authorized in appropriations Acts.

                           general activities

                         government-wide policy

        For expenses authorized by law, not otherwise provided for, for 
Government-wide policy and evaluation activities associated with the 
management of real and personal property assets and certain 
administrative services; Government-wide policy support 
responsibilities relating to acquisition, telecommunications, 
information technology management, and related technology activities; 
and services as authorized by 5 U.S.C. 3109, $62,100,000.

                           operating expenses

        For expenses authorized by law, not otherwise provided for, for 
Government-wide activities associated with utilization and donation of 
surplus personal property; disposal of real property; 
telecommunications, information technology management, and related 
technology activities; providing Internet access to Federal information 
and services; agency-wide policy direction and management, and Board of 
Contract Appeals; accounting, records management, and other support 
services incident to adjudication of Indian Tribal Claims by the United 
States Court of Federal Claims; services as authorized by 5 U.S.C. 
3109; and not to exceed $7,500 for official reception and 
representation expenses, $82,175,000.

                      office of inspector general

        For necessary expenses of the Office of Inspector General and 
services authorized by 5 U.S.C. 3109, $42,351,000: Provided, That not 
to exceed $15,000 shall be available for payment for information and 
detection of fraud against the Government, including payment for 
recovery of stolen Government property: Provided further, That not to 
exceed $2,500 shall be available for awards to employees of other 
Federal agencies and private citizens in recognition of efforts and 
initiatives resulting in enhanced Office of Inspector General 
effectiveness.

                   electronic government (e-gov) fund

                     (including transfer of funds)

        For necessary expenses in support of interagency projects that 
enable the Federal Government to expand its ability to conduct 
activities electronically, through the development and implementation 
of innovative uses of the Internet and other electronic methods, 
$5,000,000, to remain available until expended: Provided, That these 
funds may be transferred to Federal agencies to carry out the purposes 
of the Fund: Provided further, That this transfer authority shall be in 
addition to any other transfer authority provided in this Act: Provided 
further, That such transfers may not be made until 10 days after a 
proposed spending plan and justification for each project to be 
undertaken has been submitted to the Committees on Appropriations.

           allowances and office staff for former presidents

                     (including transfer of funds)

        For carrying out the provisions of the Act of August 25, 1958, 
as amended (3 U.S.C. 102 note), and Public Law 95-138, $3,449,000: 
Provided, That the Administrator of General Services shall transfer to 
the Secretary of the Treasury such sums as may be necessary to carry 
out the provisions of such Acts.

                   expenses, presidential transition

    For expenses necessary to carry out the Presidential Transition Act 
of 1963, as amended, $7,700,000, of which not to exceed $1,000,000 is 
for activities authorized by sections 3(a) (8) and (9) of the 
Presidential Transition Act of 2000, and may be used notwithstanding 
section 3(f) of such Act (3 U.S.C. 102, note).

          general provisions--general services administration

        Sec. 401. The appropriate appropriation or fund available to 
the General Services Administration shall be credited with the cost of 
operation, protection, maintenance, upkeep, repair, and improvement, 
included as part of rentals received from Government corporations 
pursuant to law (40 U.S.C. 129).
        Sec. 402. Funds available to the General Services 
Administration shall be available for the hire of passenger motor 
vehicles.
        Sec. 403. Funds in the Federal Buildings Fund made available in 
fiscal year 2005 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary to 
meet program requirements: Provided, That any proposed transfers shall 
be approved in advance by the Committees on Appropriations.
        Sec. 404. No funds made available by this Act shall be used to 
transmit a fiscal year 2006 request for United States Courthouse 
construction that: (1) does not meet the design guide standards for 
construction as established and approved by the General Services 
Administration, the Judicial Conference of the United States, and the 
Office of Management and Budget; and (2) does not reflect the 
priorities of the Judicial Conference of the United States as set out 
in its approved 5-year construction plan: Provided, That the fiscal 
year 2006 request must be accompanied by a standardized courtroom 
utilization study of each facility to be constructed, replaced, or 
expanded.
        Sec. 405. None of the funds provided in this Act may be used to 
increase the amount of occupiable square feet, provide cleaning 
services, security enhancements, or any other service usually provided 
through the Federal Buildings Fund, to any agency that does not pay the 
rate per square foot assessment for space and services as determined by 
the General Services Administration in compliance with the Public 
Buildings Amendments Act of 1972 (Public Law 92-313).
        Sec. 406. From funds made available under the heading ``Federal 
buildings fund, limitations on availability of revenue'', claims 
against the Government of less than $250,000 arising from direct 
construction projects and acquisition of buildings may be liquidated 
from savings effected in other construction projects with prior 
notification to the Committees on Appropriations.
    Sec. 407. Notwithstanding 40 U.S.C. 524, 571, and 572, the 
Administrator of General Services may sell the Middle River Depot at 
Middle River, Maryland, and credit the proceeds of such sale as 
offsetting collections to the Federal Buildings Fund, to be available, 
in addition to amounts otherwise appropriated for such Fund, for such 
capital activities of the Fund as the Administrator may deem 
appropriate.
    Sec. 408. Section 572(a)(2)(A)(ii) of title 40, United States Code, 
is amended by inserting the following before the period: ``, highest 
and best use of property studies, utilization of property studies, deed 
compliance inspection, and the expenses incurred in a relocation''.
    Sec. 409. Notwithstanding any other provision of law, the 
Administrator of General Services may convey, by sale, lease, exchange 
or otherwise, including through leaseback arrangements, real and 
related personal property, or interests therein, and retain the net 
proceeds of such dispositions in an account within the Federal 
Buildings Fund to be used for the General Services Administration's 
real property capital needs: Provided, That all net proceeds realized 
under this section shall only be expended as authorized in annual 
appropriations acts: Provided further, That for the purposes of this 
section, the term ``net proceeds'' means the rental and other sums 
received less the costs of the disposition, and the term ``real 
property capital needs'' means any expenses necessary and incident to 
the agency's real property capital acquisitions, improvements, and 
dispositions.
    Sec. 410. Land Conveyance, Nahant, Massachusetts.--(a) Conveyance 
Authorized.--Notwithstanding any other provision of law, the 
Administrator of the General Services Administration may sell all 
right, title, and interest of the United States in and to a parcel of 
real property, including improvements thereon, that is located at 
Castle Road, Gardner Road and Goddard Drive in Nahant, Massachusetts to 
the Town of Nahant. In the event a binding sales contract is not 
executed within 30 days of enactment the Administrator shall commence 
with a public, competitive sale of the property.
    (b) Consideration.--As consideration for conveyance under 
subsection (a), the Town of Nahant shall pay, in a single lump sum 
payment, $2 million.
    (c) Deposit of Funds.--Notwithstanding any other provision of law, 
the Administrator may deposit the net proceeds in the Real Property 
Relocation account of the General Services Administration. In the event 
proceeds exceed $2 million, the net amount in excess of $2 million 
shall be deposited in the United States Coast Guard Housing Fund 
established under 14 U.S.C. Sec. 687.
    (d) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Administrator. The 
cost of the survey shall be borne by the purchaser.
    (e) Additional Terms and Conditions.--The Adminstrator may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Adminstrator considers appropriate to 
protect the interests of the United States.

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

        For necessary expenses to carry out functions of the Merit 
Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 
1978 and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109, rental of conference rooms in the District 
of Columbia and elsewhere, hire of passenger motor vehicles, and direct 
procurement of survey printing, $34,683,000 together with not to exceed 
$2,620,000 for administrative expenses to adjudicate retirement appeals 
to be transferred from the Civil Service Retirement and Disability Fund 
in amounts determined by the Merit Systems Protection Board.

 Morris K. Udall Scholarship and Excellence in National Environmental 
                           Policy Foundation

 morris k. udall scholarship and excellence in national environmental 
                           policy trust fund

        For payment to the Morris K. Udall Scholarship and Excellence 
in National Environmental Policy Trust Fund, pursuant to the Morris K. 
Udall Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), 
$1,984,000, to remain available until expended, of which up to $50,000 
shall be used to conduct financial audits pursuant to the 
Accountability of Tax Dollars Act of 2002 (Public Law 107-289), 
notwithstanding sections 8 and 9 of Public Law 102-259: Provided, That 
up to 60 percent of such funds may be transferred by the Morris K. 
Udall Scholarship and Excellence in National Environmental Policy 
Foundation for the necessary expenses of the Native Nations Institute.

                 environmental dispute resolution fund

        For payment to the Environmental Dispute Resolution Fund to 
carry out activities authorized in the Environmental Policy and 
Conflict Resolution Act of 1998, $1,301,000, to remain available until 
expended.

              National Archives and Records Administration

                           operating expenses

        For necessary expenses in connection with the administration of 
the National Archives and Records Administration (including the 
Information Security Oversight Office) and archived Federal records and 
related activities, as provided by law, and for expenses necessary for 
the review and declassification of documents, and for the hire of 
passenger motor vehicles, $264,185,000: Provided, That the Archivist of 
the United States is authorized to use any excess funds available from 
the amount borrowed for construction of the National Archives facility, 
for expenses necessary to provide adequate storage for holdings.

                      electronic records archives

        For necessary expenses in connection with the development of 
the electronic records archives, to include all direct project costs 
associated with research, analysis, design, development, and program 
management, $35,914,000.

                        repairs and restoration

        For the repair, alteration, and improvement of archives 
facilities, and to provide adequate storage for holdings, $7,182,000, 
to remain available until expended.

        national historical publications and records commission

                             grants program

        For necessary expenses for allocations and grants for 
historical publications and records as authorized by 44 U.S.C. 2504, as 
amended, $3,000,000, to remain available until expended.

                      Office of Government Ethics

                         salaries and expenses

        For necessary expenses to carry out functions of the Office of 
Government Ethics pursuant to the Ethics in Government Act of 1978, as 
amended, and the Ethics Reform Act of 1989, including services as 
authorized by 5 U.S.C. 3109, rental of conference rooms in the District 
of Columbia and elsewhere, hire of passenger motor vehicles, and not to 
exceed $1,500 for official reception and representation expenses, 
$11,238,000.

                     Office of Personnel Management

                         salaries and expenses

                  (including transfer of trust funds)

        For necessary expenses to carry out functions of the Office of 
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 
and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for 
veterans by private physicians on a fee basis; rental of conference 
rooms in the District of Columbia and elsewhere; hire of passenger 
motor vehicles; not to exceed $2,500 for official reception and 
representation expenses; advances for reimbursements to applicable 
funds of the Office of Personnel Management and the Federal Bureau of 
Investigation for expenses incurred under Executive Order No. 10422 of 
January 9, 1953, as amended; and payment of per diem and/or subsistence 
allowances to employees where Voting Rights Act activities require an 
employee to remain overnight at his or her post of duty, $120,444,000, 
of which $2,000,000 shall remain available until expended for the cost 
of the enterprise human resources integration project, $6,615,000 shall 
remain available until expended for the cost of leading the government-
wide initiative to modernize the Federal payroll systems and service 
delivery; $800,000 shall remain available until expended for the cost 
of the e-human resources information system project; $2,000,000 shall 
remain available until expended for the cost of the e-clearance 
project; and $3,300,000 shall remain available until expended for the 
recruitment one stop project; and in addition $128,462,000 for 
administrative expenses, to be transferred from the appropriate trust 
funds of the Office of Personnel Management without regard to other 
statutes, including direct procurement of printed materials, for the 
retirement and insurance programs, of which $27,640,000 shall remain 
available until expended for the cost of automating the retirement 
recordkeeping systems: Provided, That the provisions of this 
appropriation shall not affect the authority to use applicable trust 
funds as provided by sections 8348(a)(1)(B), and 9004(f)(1)(A) and 
(2)(A) of title 5, United States Code: Provided further, That no part 
of this appropriation shall be available for salaries and expenses of 
the Legal Examining Unit of the Office of Personnel Management 
established pursuant to Executive Order No. 9358 of July 1, 1943, or 
any successor unit of like purpose: Provided further, That the 
President's Commission on White House Fellows, established by Executive 
Order No. 11183 of October 3, 1964, may, during fiscal year 2005, 
accept donations of money, property, and personal services: Provided 
further, That such donations, including those from prior years, may be 
used for the development of publicity materials to provide information 
about the White House Fellows, except that no such donations shall be 
accepted for travel or reimbursement of travel expenses, or for the 
salaries of employees of such Commission.

                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

        For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act, as amended, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles, $1,627,000, and in addition, not to exceed $16,461,000 
for administrative expenses to audit, investigate, and provide other 
oversight of the Office of Personnel Management's retirement and 
insurance programs, to be transferred from the appropriate trust funds 
of the Office of Personnel Management, as determined by the Inspector 
General: Provided, That the Inspector General is authorized to rent 
conference rooms in the District of Columbia and elsewhere.

      government payment for annuitants, employees health benefits

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

       government payment for annuitants, employee life insurance

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

        payment to civil service retirement and disability fund

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

                     human capital performance fund

                     (including transfer of funds)

        For a human capital performance fund, as authorized by 5 U.S.C. 
5408, $12,514,000: Provided, That such amounts as determined by the 
Director of the Office of Personnel Management may be transferred to 
Federal agencies to carry out the purposes of this fund as authorized 
by 5 U.S.C. 5403: Provided further, That no funds shall be available 
for obligation or transfer to any Federal agency until the Director has 
notified the relevant subcommittees of jurisdiction of the Committees 
on Appropriations of the approval of a performance pay plan for that 
agency, and the prior approval of such subcommittees has been attained.

                       Office of Special Counsel

                         salaries and expenses

        For necessary expenses to carry out functions of the Office of 
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978 (Public Law 95-454), as amended, the 
Whistleblower Protection Act of 1989 (Public Law 101-12), as amended, 
Public Law 103-424, and the Uniformed Services Employment and 
Reemployment Act of 1994 (Public Law 103-353), including services as 
authorized by 5 U.S.C. 3109, payment of fees and expenses for 
witnesses, rental of conference rooms in the District of Columbia and 
elsewhere, and hire of passenger motor vehicles; $15,449,000.

                      United States Postal Service

                   payment to the postal service fund

        For payment to the Postal Service Fund for revenue forgone on 
free and reduced rate mail, pursuant to subsections (c) and (d) of 
section 2401 of title 39, United States Code, $61,709,000, which shall 
not be available for obligation until October 1, 2005: Provided, That 
mail for overseas voting and mail for the blind shall continue to be 
free: Provided further, That 6-day delivery and rural delivery of mail 
shall continue at not less than the 1983 level: Provided further, That 
none of the funds made available to the Postal Service by this Act 
shall be used to implement any rule, regulation, or policy of charging 
any officer or employee of any State or local child support enforcement 
agency, or any individual participating in a State or local program of 
child support enforcement, a fee for information requested or provided 
concerning an address of a postal customer: Provided further, That none 
of the funds provided in this Act shall be used to consolidate or close 
small rural and other small post offices in fiscal year 2005.

                        United States Tax Court

                         salaries and expenses

        For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, $41,180,000: Provided, That 
travel expenses of the judges shall be paid upon the written 
certificate of the judge.

                      TITLE V--GENERAL PROVISIONS

                                This Act

                     (including transfers of funds)

        Sec. 501. Such sums as may be necessary for fiscal year 2004 
pay raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
        Sec. 502. None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
        Sec. 503. None of the funds appropriated in this Act shall 
remain available for obligation beyond the current fiscal year, nor may 
any be transferred to other appropriations, unless expressly so 
provided herein.
        Sec. 504. The expenditure of any appropriation under this Act 
for any consulting service through procurement contract pursuant to 
section 3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive Order issued pursuant to 
existing law.
        Sec. 505. For the purpose of any applicable law, for fiscal 
years 2004 and 2005, the city of Norman, Oklahoma, shall be considered 
to be part of the Oklahoma City urbanized area.
        Sec. 506. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
        Sec. 507. None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, 
or policy that would prohibit the enforcement of section 307 of the 
Tariff Act of 1930.
        Sec. 508. No part of any appropriation contained in this Act 
shall be available to pay the salary for any person filling a position, 
other than a temporary position, formerly held by an employee who has 
left to enter the Armed Forces of the United States and has 
satisfactorily completed his period of active military or naval 
service, and has within 90 days after his release from such service or 
from hospitalization continuing after discharge for a period of not 
more than 1 year, made application for restoration to his former 
position and has been certified by the Office of Personnel Management 
as still qualified to perform the duties of his former position and has 
not been restored thereto.
        Sec. 509. No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
America Act'').
        Sec. 510. (a) Purchase of American-Made Equipment and 
Products.--Hereafter, in the case of any equipment or products that may 
be authorized to be purchased with financial assistance provided under 
this Act, it is the sense of the Congress that entities receiving such 
assistance should, in expending the assistance, purchase only American-
made equipment and products.
        (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Secretary of the Treasury shall provide 
to each recipient of the assistance a notice describing the statement 
made in subsection (a) by the Congress.
        Sec. 511. Hereafter, if it has been finally determined by a 
court or Federal agency that any person intentionally affixed a label 
bearing a ``Made in America'' inscription, or any inscription with the 
same meaning, to any product sold in or shipped to the United States 
that is not made in the United States, such person shall be ineligible 
to receive any contract or subcontract made with funds provided 
pursuant to this Act, pursuant to the debarment, suspension, and 
ineligibility procedures described in sections 9.400 through 9.409 of 
title 48, Code of Federal Regulations.
        Sec. 512. Except as otherwise specifically provided by law, not 
to exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2005 from appropriations made available for salaries 
and expenses for fiscal year 2005 in this Act, shall remain available 
through September 30, 2006, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the 
Committees on Appropriations for approval prior to the expenditure of 
such funds: Provided further, That these requests shall be made in 
compliance with reprogramming guidelines.
        Sec. 513. None of the funds made available in this Act may be 
used by the Executive Office of the President to request from the 
Federal Bureau of Investigation any official background investigation 
report on any individual, except when--
            (1) such individual has given his or her express written 
        consent for such request not more than 6 months prior to the 
        date of such request and during the same presidential 
        administration; or
            (2) such request is required due to extraordinary 
        circumstances involving national security.
        Sec. 514. The cost accounting standards promulgated under 
section 26 of the Office of Federal Procurement Policy Act (Public Law 
93-400; 41 U.S.C. 422) shall not apply with respect to a contract under 
the Federal Employees Health Benefits Program established under chapter 
89 of title 5, United States Code.
        Sec. 515. For the purpose of resolving litigation and 
implementing any settlement agreements regarding the nonforeign area 
cost-of-living allowance program, the Office of Personnel Management 
may accept and utilize (without regard to any restriction on 
unanticipated travel expenses imposed in an appropriations Act) funds 
made available to the Office pursuant to court approval.
        Sec. 516. No funds appropriated or otherwise made available 
under this Act shall be made available to any person or entity that has 
been convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
        Sec. 517. No funds appropriated by this Act shall be available 
to pay for an abortion, or the administrative expenses in connection 
with any health plan under the Federal employees health benefits 
program which provides any benefits or coverage for abortions.
        Sec. 518. The provision of section 517 shall not apply where 
the life of the mother would be endangered if the fetus were carried to 
term, or the pregnancy is the result of an act of rape or incest.
        Sec. 519. None of the funds provided in this Act, provided by 
previous appropriations Acts to the agencies or entities funded in this 
Act that remain available for obligation or expenditure in fiscal year 
2005, or provided from any accounts in the Treasury derived by the 
collection of fees and available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds that--
            (1) creates a new program;
            (2) eliminates a program, project, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by the Congress;
            (4) proposes to use funds directed for a specific activity 
        by either the House or Senate Committees on Appropriations for 
        a different purpose;
            (5) augments existing programs, projects, or activities in 
        excess of $5,000,000 or 10 percent, whichever is greater;
            (6) reduces existing programs, projects, or activities by 
        $5,000,000 or 10 percent, whichever is greater; or
            (7) creates or reorganizes a branch, division, office, 
        bureau, board, commission, agency administration, or department 
        different from the budget justifications submitted to the 
        Committees on Appropriations;
unless prior approval is received from the House and Senate Committees 
on Appropriations.
        Sec. 520. Exemption From Limitations on Procurement of Foreign 
Information Technology That Is a Commercial Item.--In order to promote 
Government access to commercial information technology, the restriction 
on purchasing nondomestic articles, materials, and supplies set forth 
in the Buy American Act (41 U.S.C. 10a et seq.), shall not apply to the 
acquisition by the Federal Government of information technology (as 
defined in section 11101 of title 40, United States Code, that is a 
commercial item (as defined in section 4(12) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(12)).
        Sec. 521. It is the sense of the House of Representatives that 
empowerment zones within cities should have the necessary flexibility 
to expand to include relevant communities so that empowerment zone 
benefits are equitably distributed.
        Sec. 522. It is the sense of the House of Representatives that 
all census tracts contained in an empowerment zone, either fully or 
partially, should be equitably accorded the same benefits.
        Sec. 523. None of the funds made available in this Act may be 
used to finalize, implement, administer, or enforce--
            (1) the proposed rule relating to the determination that 
        real estate brokerage is an activity that is financial in 
        nature or incidental to a financial activity published in the 
        Federal Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); 
        or
            (2) the revision proposed in such rule to section 1501.2 of 
        title 12 of the Code of Federal Regulations.
        Sec. 524. It is the sense of Congress that, after proper 
documentation, justification, and review, the Department of 
Transportation should consider programs to reimburse general aviation 
ground support services at Ronald Reagan Washington National Airport, 
and airports located within fifteen miles of Ronald Reagan Washington 
National Airport, for their financial losses due to Government actions 
after the terrorist attacks of September 11, 2001.
        Sec. 525. None of the funds made available under this Act may 
be obligated or expended to establish or implement a pilot program 
under which not more than 10 designated essential air service 
communities located in proximity to hub airports are required to assume 
10 percent of their essential air subsidy costs for a 4-year period 
commonly referred to as the EAS local participation program.

                      TITLE VI--GENERAL PROVISIONS

                Departments, Agencies, and Corporations

        Sec. 601. Funds appropriated in this or any other Act may be 
used to pay travel to the United States for the immediate family of 
employees serving abroad in cases of death or life threatening illness 
of said employee.
        Sec. 602. No department, agency, or instrumentality of the 
United States receiving appropriated funds under this or any other Act 
for fiscal year 2005 shall obligate or expend any such funds, unless 
such department, agency, or instrumentality has in place, and will 
continue to administer in good faith, a written policy designed to 
ensure that all of its workplaces are free from the illegal use, 
possession, or distribution of controlled substances (as defined in the 
Controlled Substances Act) by the officers and employees of such 
department, agency, or instrumentality.
        Sec. 603. Unless otherwise specifically provided, the maximum 
amount allowable during the current fiscal year in accordance with 
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the 
purchase of any passenger motor vehicle (exclusive of buses, 
ambulances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $8,100 except station wagons for which the maximum 
shall be $9,100: Provided, That these limits may be exceeded by not to 
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for 
special heavy-duty vehicles: Provided further, That the limits set 
forth in this section may not be exceeded by more than 5 percent for 
electric or hybrid vehicles purchased for demonstration under the 
provisions of the Electric and Hybrid Vehicle Research, Development, 
and Demonstration Act of 1976: Provided further, That the limits set 
forth in this section may be exceeded by the incremental cost of clean 
alternative fuels vehicles acquired pursuant to Public Law 101-549 over 
the cost of comparable conventionally fueled vehicles.
        Sec. 604. Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
        Sec. 605. Unless otherwise specified during the current fiscal 
year, no part of any appropriation contained in this or any other Act 
shall be used to pay the compensation of any officer or employee of the 
Government of the United States (including any agency the majority of 
the stock of which is owned by the Government of the United States) 
whose post of duty is in the continental United States unless such 
person: (1) is a citizen of the United States; (2) is a person in the 
service of the United States on the date of the enactment of this Act 
who, being eligible for citizenship, has filed a declaration of 
intention to become a citizen of the United States prior to such date 
and is actually residing in the United States; (3) is a person who owes 
allegiance to the United States; (4) is an alien from Cuba, Poland, 
South Vietnam, the countries of the former Soviet Union, or the Baltic 
countries lawfully admitted to the United States for permanent 
residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee 
paroled in the United States after January 1, 1975; or (6) is a 
national of the People's Republic of China who qualifies for adjustment 
of status pursuant to the Chinese Student Protection Act of 1992: 
Provided, That for the purpose of this section, an affidavit signed by 
any such person shall be considered prima facie evidence that the 
requirements of this section with respect to his or her status have 
been complied with: Provided further, That any person making a false 
affidavit shall be guilty of a felony, and, upon conviction, shall be 
fined no more than $4,000 or imprisoned for not more than 1 year, or 
both: Provided further, That the above penal clause shall be in 
addition to, and not in substitution for, any other provisions of 
existing law: Provided further, That any payment made to any officer or 
employee contrary to the provisions of this section shall be 
recoverable in action by the Federal Government. This section shall not 
apply to citizens of Ireland, Israel, or the Republic of the 
Philippines, or to nationals of those countries allied with the United 
States in a current defense effort, or to international broadcasters 
employed by the United States Information Agency, or to temporary 
employment of translators, or to temporary employment in the field 
service (not to exceed 60 days) as a result of emergencies.
        Sec. 606. Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the 
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable 
law.
        Sec. 607. In addition to funds provided in this or any other 
Act, all Federal agencies are authorized to receive and use funds 
resulting from the sale of materials, including Federal records 
disposed of pursuant to a records schedule recovered through recycling 
or waste prevention programs. Such funds shall be available until 
expended for the following purposes:
            (1) Acquisition, waste reduction and prevention, and 
        recycling programs as described in Executive Order No. 13101 
        (September 14, 1998), including any such programs adopted prior 
        to the effective date of the Executive order.
            (2) Other Federal agency environmental management programs, 
        including, but not limited to, the development and 
        implementation of hazardous waste management and pollution 
        prevention programs.
            (3) Other employee programs as authorized by law or as 
        deemed appropriate by the head of the Federal agency.
        Sec. 608. Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corporations 
and agencies subject to chapter 91 of title 31, United States Code, 
shall be available, in addition to objects for which such funds are 
otherwise available, for rent in the District of Columbia; services in 
accordance with 5 U.S.C. 3109; and the objects specified under this 
head, all the provisions of which shall be applicable to the 
expenditure of such funds unless otherwise specified in the Act by 
which they are made available: Provided, That in the event any 
functions budgeted as administrative expenses are subsequently 
transferred to or paid from other funds, the limitations on 
administrative expenses shall be correspondingly reduced.
        Sec. 609. No part of any appropriation for the current fiscal 
year contained in this or any other Act shall be paid to any person for 
the filling of any position for which he or she has been nominated 
after the Senate has voted not to approve the nomination of said 
person.
        Sec. 610. No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards 
(except Federal Executive Boards), commissions, councils, committees, 
or similar groups (whether or not they are interagency entities) which 
do not have a prior and specific statutory approval to receive 
financial support from more than one agency or instrumentality.
        Sec. 611. Funds made available by this or any other Act to the 
Postal Service Fund (39 U.S.C. 2003) shall be available for employment 
of guards for all buildings and areas owned or occupied by the Postal 
Service and under the charge and control of the Postal Service, and 
such guards shall have, with respect to such property, the powers of 
special policemen provided by the first section of the Act of June 1, 
1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to property 
owned or occupied by the Postal Service, the Postmaster General may 
take the same actions as the Administrator of General Services may take 
under the provisions of sections 2 and 3 of the Act of June 1, 1948, as 
amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto 
penal consequences under the authority and within the limits provided 
in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 
U.S.C. 318c).
        Sec. 612. None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to a 
resolution of disapproval duly adopted in accordance with the 
applicable law of the United States.
        Sec. 613. (a) Notwithstanding any other provision of law, and 
except as otherwise provided in this section, no part of any of the 
funds appropriated for fiscal year 2005, by this or any other Act, may 
be used to pay any prevailing rate employee described in section 
5342(a)(2)(A) of title 5, United States Code--
            (1) during the period from the date of expiration of the 
        limitation imposed by the comparable section for previous 
        fiscal years until the normal effective date of the applicable 
        wage survey adjustment that is to take effect in fiscal year 
        2005, in an amount that exceeds the rate payable for the 
        applicable grade and step of the applicable wage schedule in 
        accordance with such section; and
            (2) during the period consisting of the remainder of fiscal 
        year 2005, in an amount that exceeds, as a result of a wage 
        survey adjustment, the rate payable under paragraph (1) by more 
        than the sum of--
                    (A) the percentage adjustment taking effect in 
                fiscal year 2005 under section 5303 of title 5, United 
                States Code, in the rates of pay under the General 
                Schedule; and
                    (B) the difference between the overall average 
                percentage of the locality-based comparability payments 
                taking effect in fiscal year 2005 under section 5304 of 
                such title (whether by adjustment or otherwise), and 
                the overall average percentage of such payments which 
                was effective in the previous fiscal year under such 
                section.
        (b) Notwithstanding any other provision of law, no prevailing 
rate employee described in subparagraph (B) or (C) of section 
5342(a)(2) of title 5, United States Code, and no employee covered by 
section 5348 of such title, may be paid during the periods for which 
subsection (a) is in effect at a rate that exceeds the rates that would 
be payable under subsection (a) were subsection (a) applicable to such 
employee.
        (c) For the purposes of this section, the rates payable to an 
employee who is covered by this section and who is paid from a schedule 
not in existence on September 30, 2004, shall be determined under 
regulations prescribed by the Office of Personnel Management.
        (d) Notwithstanding any other provision of law, rates of 
premium pay for employees subject to this section may not be changed 
from the rates in effect on September 30, 2004, except to the extent 
determined by the Office of Personnel Management to be consistent with 
the purpose of this section.
        (e) This section shall apply with respect to pay for service 
performed after September 30, 2004.
        (f) For the purpose of administering any provision of law 
(including any rule or regulation that provides premium pay, 
retirement, life insurance, or any other employee benefit) that 
requires any deduction or contribution, or that imposes any requirement 
or limitation on the basis of a rate of salary or basic pay, the rate 
of salary or basic pay payable after the application of this section 
shall be treated as the rate of salary or basic pay.
        (g) Nothing in this section shall be considered to permit or 
require the payment to any employee covered by this section at a rate 
in excess of the rate that would be payable were this section not in 
effect.
        (h) The Office of Personnel Management may provide for 
exceptions to the limitations imposed by this section if the Office 
determines that such exceptions are necessary to ensure the recruitment 
or retention of qualified employees.
        Sec. 614. During the period in which the head of any department 
or agency, or any other officer or civilian employee of the Government 
appointed by the President of the United States, holds office, no funds 
may be obligated or expended in excess of $5,000 to furnish or 
redecorate the office of such department head, agency head, officer, or 
employee, or to purchase furniture or make improvements for any such 
office, unless advance notice of such furnishing or redecoration is 
expressly approved by the Committees on Appropriations. For the 
purposes of this section, the term ``office'' shall include the entire 
suite of offices assigned to the individual, as well as any other space 
used primarily by the individual or the use of which is directly 
controlled by the individual.
        Sec. 615. Notwithstanding section 1346 of title 31, United 
States Code, or section 610 of this Act, funds made available for the 
current fiscal year by this or any other Act shall be available for the 
interagency funding of national security and emergency preparedness 
telecommunications initiatives which benefit multiple Federal 
departments, agencies, or entities, as provided by Executive Order No. 
12472 (April 3, 1984).
        Sec. 616. (a) None of the funds appropriated by this or any 
other Act may be obligated or expended by any Federal department, 
agency, or other instrumentality for the salaries or expenses of any 
employee appointed to a position of a confidential or policy-
determining character excepted from the competitive service pursuant to 
section 3302 of title 5, United States Code, without a certification to 
the Office of Personnel Management from the head of the Federal 
department, agency, or other instrumentality employing the Schedule C 
appointee that the Schedule C position was not created solely or 
primarily in order to detail the employee to the White House.
        (b) The provisions of this section shall not apply to Federal 
employees or members of the armed services detailed to or from--
            (1) the Central Intelligence Agency;
            (2) the National Security Agency;
            (3) the Defense Intelligence Agency;
            (4) the offices within the Department of Defense for the 
        collection of specialized national foreign intelligence through 
        reconnaissance programs;
            (5) the Bureau of Intelligence and Research of the 
        Department of State;
            (6) any agency, office, or unit of the Army, Navy, Air 
        Force, and Marine Corps, the Department of Homeland Security, 
        the Federal Bureau of Investigation and the Drug Enforcement 
        Administration of the Department of Justice, the Department of 
        Transportation, the Department of the Treasury, and the 
        Department of Energy performing intelligence functions; and
            (7) the Director of Central Intelligence.
        Sec. 617. No department, agency, or instrumentality of the 
United States receiving appropriated funds under this or any other Act 
for the current fiscal year shall obligate or expend any such funds, 
unless such department, agency, or instrumentality has in place, and 
will continue to administer in good faith, a written policy designed to 
ensure that all of its workplaces are free from discrimination and 
sexual harassment and that all of its workplaces are not in violation 
of title VII of the Civil Rights Act of 1964, as amended, the Age 
Discrimination in Employment Act of 1967, and the Rehabilitation Act of 
1973.
        Sec. 618. No part of any appropriation contained in this or any 
other Act shall be available for the payment of the salary of any 
officer or employee of the Federal Government, who--
            (1) prohibits or prevents, or attempts or threatens to 
        prohibit or prevent, any other officer or employee of the 
        Federal Government from having any direct oral or written 
        communication or contact with any Member, committee, or 
        subcommittee of the Congress in connection with any matter 
        pertaining to the employment of such other officer or employee 
        or pertaining to the department or agency of such other officer 
        or employee in any way, irrespective of whether such 
        communication or contact is at the initiative of such other 
        officer or employee or in response to the request or inquiry of 
        such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, demotes, 
        reduces in rank, seniority, status, pay, or performance of 
        efficiency rating, denies promotion to, relocates, reassigns, 
        transfers, disciplines, or discriminates in regard to any 
        employment right, entitlement, or benefit, or any term or 
        condition of employment of, any other officer or employee of 
        the Federal Government, or attempts or threatens to commit any 
        of the foregoing actions with respect to such other officer or 
        employee, by reason of any communication or contact of such 
        other officer or employee with any Member, committee, or 
        subcommittee of the Congress as described in paragraph (1).
        Sec. 619. (a) None of the funds made available in this or any 
other Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.
        (b) Nothing in this section shall prohibit, restrict, or 
otherwise preclude an agency from conducting training bearing directly 
upon the performance of official duties.
        Sec. 620. No funds appropriated in this or any other Act may be 
used to implement or enforce the agreements in Standard Forms 312 and 
4414 of the Government or any other nondisclosure policy, form, or 
agreement if such policy, form, or agreement does not contain the 
following provisions: ``These restrictions are consistent with and do 
not supersede, conflict with, or otherwise alter the employee 
obligations, rights, or liabilities created by Executive Order No. 
12958; section 7211 of title 5, United States Code (governing 
disclosures to Congress); section 1034 of title 10, United States Code, 
as amended by the Military Whistleblower Protection Act (governing 
disclosure to Congress by members of the military); section 2302(b)(8) 
of title 5, United States Code, as amended by the Whistleblower 
Protection Act (governing disclosures of illegality, waste, fraud, 
abuse or public health or safety threats); the Intelligence Identities 
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures 
that could expose confidential Government agents); and the statutes 
which protect against disclosure that may compromise the national 
security, including sections 641, 793, 794, 798, and 952 of title 18, 
United States Code, and section 4(b) of the Subversive Activities Act 
of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, 
rights, sanctions, and liabilities created by said Executive order and 
listed statutes are incorporated into this agreement and are 
controlling.'': Provided, That notwithstanding the preceding paragraph, 
a nondisclosure policy form or agreement that is to be executed by a 
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United 
States Government, may contain provisions appropriate to the particular 
activity for which such document is to be used. Such form or agreement 
shall, at a minimum, require that the person will not disclose any 
classified information received in the course of such activity unless 
specifically authorized to do so by the United States Government. Such 
nondisclosure forms shall also make it clear that they do not bar 
disclosures to Congress or to an authorized official of an executive 
agency or the Department of Justice that are essential to reporting a 
substantial violation of law.
        Sec. 621. No part of any funds appropriated in this or any 
other Act shall be used by an agency of the executive branch, other 
than for normal and recognized executive-legislative relationships, for 
publicity or propaganda purposes, and for the preparation, distribution 
or use of any kit, pamphlet, booklet, publication, radio, television or 
film presentation designed to support or defeat legislation pending 
before the Congress, except in presentation to the Congress itself.
        Sec. 622. None of the funds appropriated by this or any other 
Act may be used by an agency to provide a Federal employee's home 
address to any labor organization except when the employee has 
authorized such disclosure or when such disclosure has been ordered by 
a court of competent jurisdiction.
        Sec. 623. None of the funds made available in this Act or any 
other Act may be used to provide any non-public information such as 
mailing or telephone lists to any person or any organization outside of 
the Federal Government without the approval of the Committees on 
Appropriations.
        Sec. 624. No part of any appropriation contained in this or any 
other Act shall be used for publicity or propaganda purposes within the 
United States not heretofore authorized by the Congress.
        Sec. 625. (a) In this section the term ``agency''--
            (1) means an Executive agency as defined under section 105 
        of title 5, United States Code;
            (2) includes a military department as defined under section 
        102 of such title, the Postal Service, and the Postal Rate 
        Commission; and
            (3) shall not include the General Accounting Office.
        (b) Unless authorized in accordance with law or regulations to 
use such time for other purposes, an employee of an agency shall use 
official time in an honest effort to perform official duties. An 
employee not under a leave system, including a Presidential appointee 
exempted under section 6301(2) of title 5, United States Code, has an 
obligation to expend an honest effort and a reasonable proportion of 
such employee's time in the performance of official duties.
        Sec. 626. Notwithstanding 31 U.S.C. 1346 and section 610 of 
this Act, funds made available for the current fiscal year by this or 
any other Act to any department or agency, which is a member of the 
Joint Financial Management Improvement Program (JFMIP), shall be 
available to finance an appropriate share of JFMIP administrative 
costs, as determined by the JFMIP, but not to exceed a total of 
$800,000 including the salary of the Executive Director and staff 
support.
        Sec. 627. Notwithstanding 31 U.S.C. 1346 and section 610 of 
this Act, the head of each Executive department and agency is hereby 
authorized to transfer to or reimburse ``General Services 
Administration, governmentwide policy'' with the approval of the 
Director of the Office of Management and Budget, funds made available 
for the current fiscal year by this or any other Act, including rebates 
from charge card and other contracts: Provided, That these funds shall 
be administered by the Administrator of General Services to support 
Government-wide financial, information technology, procurement, and 
other management innovations, initiatives, and activities, as approved 
by the Director of the Office of Management and Budget, in consultation 
with the appropriate interagency groups designated by the Director 
(including the Chief Financial Officers Council and the Joint Financial 
Management Improvement Program for financial management initiatives, 
the Chief Information Officers Council for information technology 
initiatives, and the Federal Acquisition Council for procurement 
initiatives): Provided further, That the total funds transferred or 
reimbursed shall not exceed $17,000,000: Provided further, That such 
transfers or reimbursements may only be made 15 days following 
notification of the Committees on Appropriations by the Director of the 
Office of Management and Budget.
        Sec. 628. None of the funds made available in this or any other 
Act may be used by the Office of Personnel Management or any other 
department or agency of the Federal Government to prohibit any agency 
from using appropriated funds as they see fit to independently contract 
with private companies to provide online employment applications and 
processing services.
        Sec. 629. Notwithstanding any other provision of law, a woman 
may breastfeed her child at any location in a Federal building or on 
Federal property, if the woman and her child are otherwise authorized 
to be present at the location.
        Sec. 630. Notwithstanding section 1346 of title 31, United 
States Code, or section 610 of this Act, funds made available for the 
current fiscal year by this or any other Act shall be available for the 
interagency funding of specific projects, workshops, studies, and 
similar efforts to carry out the purposes of the National Science and 
Technology Council (authorized by Executive Order No. 12881), which 
benefit multiple Federal departments, agencies, or entities: Provided, 
That the Office of Management and Budget shall provide a report 
describing the budget of and resources connected with the National 
Science and Technology Council to the Committees on Appropriations, the 
House Committee on Science; and the Senate Committee on Commerce, 
Science, and Transportation 90 days after enactment of this Act.
        Sec. 631. Any request for proposals, solicitation, grant 
application, form, notification, press release, or other publications 
involving the distribution of Federal funds shall indicate the agency 
providing the funds, the Catalog of Federal Domestic Assistance Number, 
as applicable, and the amount provided: Provided, That this provision 
shall apply to direct payments, formula funds, and grants received by a 
State receiving Federal funds.
        Sec. 632. Subsection (f) of section 403 of Public Law 103-356 
(31 U.S.C. 501 note), as amended, is further amended by striking 
``October 1, 2004'' and inserting ``October 1, 2005''.
        Sec. 633. (a) Prohibition of Federal Agency Monitoring of 
Individuals' Internet Use.--None of the funds made available in this or 
any other Act may be used by any Federal agency--
            (1) to collect, review, or create any aggregation of data, 
        derived from any means, that includes any personally 
        identifiable information relating to an individual's access to 
        or use of any Federal Government Internet site of the agency; 
        or
            (2) to enter into any agreement with a third party 
        (including another government agency) to collect, review, or 
        obtain any aggregation of data, derived from any means, that 
        includes any personally identifiable information relating to an 
        individual's access to or use of any nongovernmental Internet 
        site.
        (b) Exceptions.--The limitations established in subsection (a) 
shall not apply to--
            (1) any record of aggregate data that does not identify 
        particular persons;
            (2) any voluntary submission of personally identifiable 
        information;
            (3) any action taken for law enforcement, regulatory, or 
        supervisory purposes, in accordance with applicable law; or
            (4) any action described in subsection (a)(1) that is a 
        system security action taken by the operator of an Internet 
        site and is necessarily incident to the rendition of the 
        Internet site services or to the protection of the rights or 
        property of the provider of the Internet site.
        (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to 
        implement, interpret or enforce authorities provided in law.
            (2) The term ``supervisory'' means examinations of the 
        agency's supervised institutions, including assessing safety 
        and soundness, overall financial condition, management 
        practices and policies and compliance with applicable standards 
        as provided in law.
        Sec. 634. (a) None of the funds appropriated by this Act may be 
used to enter into or renew a contract which includes a provision 
providing prescription drug coverage, except where the contract also 
includes a provision for contraceptive coverage.
        (b) Nothing in this section shall apply to a contract with--
            (1) any of the following religious plans:
                    (A) Personal Care's HMO; and
                    (B) OSF Health Plans, Inc.; and
            (2) any existing or future plan, if the carrier for the 
        plan objects to such coverage on the basis of religious 
        beliefs.
        (c) In implementing this section, any plan that enters into or 
renews a contract under this section may not subject any individual to 
discrimination on the basis that the individual refuses to prescribe or 
otherwise provide for contraceptives because such activities would be 
contrary to the individual's religious beliefs or moral convictions.
        (d) Nothing in this section shall be construed to require 
coverage of abortion or abortion-related services.
        Sec. 635. The Congress of the United States recognizes the 
United States Anti-Doping Agency (USADA) as the official anti-doping 
agency for Olympic, Pan American, and Paralympic sport in the United 
States.
        Sec. 636. None of the funds made available under this or any 
other Act for fiscal year 2005 shall be expended for the purchase of a 
product or service offered by Federal Prison Industries, Inc. unless 
the agency making such purchase determines that such offered product or 
service provides the best value to the buying agency pursuant to 
governmentwide procurement regulations, issued pursuant to section 
25(c)(1) of the Office of Federal Procurement Act (41 U.S.C. 421(c)(1)) 
that impose procedures, standards, and limitations of section 2410n of 
title 10, United States Code.
        Sec. 637. Each Executive department and agency shall evaluate 
the creditworthiness of an individual before issuing the individual a 
government purchase charge card or government travel charge card. The 
department or agency may not issue a government purchase charge card or 
government travel charge card to an individual that either lacks a 
credit history or is found to have an unsatisfactory credit history as 
a result of this evaluation: Provided, That this restriction shall not 
preclude issuance of a restricted-use charge, debit, or stored value 
card made in accordance with agency procedures to (a) an individual 
with an unsatisfactory credit history where such card is used to pay 
travel expenses and the agency determines there is no suitable 
alternative payment mechanism available before issuing the card, or (b) 
an individual who lacks a credit history. Each Executive department and 
agency shall establish guidelines and procedures for disciplinary 
actions to be taken against agency personnel for improper, fraudulent, 
or abusive use of government charge cards, which shall include 
appropriate disciplinary actions for use of charge cards for purposes, 
and at establishments, that are inconsistent with the official business 
of the Department or agency or with applicable standards of conduct.
        Sec. 638. Notwithstanding any other provision of law, funds 
appropriated for official travel by Federal departments and agencies 
may be used by such departments and agencies, if consistent with Office 
of Management and Budget Circular A-126 regarding official travel for 
Government personnel, to participate in the fractional aircraft 
ownership pilot program.
        Sec. 639. None of the funds provided in this Act shall be used 
to implement or enforce regulations for locality pay areas in fiscal 
year 2005 that are inconsistent with the recommendations of the Federal 
Salary Council adopted on October 7, 2003.
        Sec. 640. (a) Not later than 180 days after the enactment of 
this Act, the head of each Federal agency shall submit a report to 
Congress on the amount of the acquisitions made by the agency from 
entities that manufacture the articles, materials, or supplies outside 
of the United States in that fiscal year.
        (b) The report required by subsection (a) shall separately 
indicate--
            (1) the dollar value of any articles, materials, or 
        supplies purchased that were manufactured outside of the United 
        States;
            (2) an itemized list of all waivers granted with respect to 
        such articles, materials, or supplies under the Buy American 
        Act (41 U.S.C. 10a et seq.); and
            (3) a summary of the total procurement funds spent on goods 
        manufactured in the United States versus funds spent on goods 
        manufactured outside of the United States.
        (c) The head of each Federal agency submitting a report under 
subsection (a) shall make the report publicly available to the maximum 
extent practicable.
        Sec. 641. Notwithstanding any other provision of law, none of 
the funds appropriated or made available under this Act or any other 
appropriations Act may be used to implement or enforce restrictions or 
limitations on the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Personnel 
Management to add sections 300.311 through 300.316 to part 300 of title 
5 of the Code of Federal Regulations, published in the Federal 
Register, volume 68, number 174, on September 9, 2003 (relating to the 
detail of executive branch employees to the legislative branch).
    Sec. 642. Subsection (e) of section 3716 of title 31, United States 
Code, is amended to read as follows:
    ``(e)(1) Notwithstanding any other provision of law (including 42 
U.S.C. 407 and 1383(d)(1), 30 U.S.C. 923(b), and 45 U.S.C. 231(m), 
regulation, or administrative limitation, no limitation shall terminate 
the period within which an offset may be initiated or taken pursuant to 
this section.
    ``(2) This section does not apply when a statute explicitly 
prohibits using administrative offset or setoff to collect the claim or 
type of claim involved.''.
    Sec. 643. Section 453(j) of the Social Security Act (42 U.S.C. 
653(j)), is amended by adding at the end the following new paragraph:
            ``(7) Information comparisons and disclosure to assist in 
        federal debt collection.--
                    ``(A) Furnishing of information by the secretary of 
                the treasury.--The Secretary of the Treasury shall 
                furnish to the Secretary, on such periodic basis as 
                determined by the Secretary of the Treasury in 
                consultation with the Secretary, information in the 
                custody of the Secretary of the Treasury for comparison 
                with information in the National Directory of New 
                Hires, in order to obtain information in such Directory 
                with respect to persons--
                            ``(i) who owe delinquent nontax debt to the 
                        United States; and
                            ``(ii) whose debt has been referred to the 
                        Secretary of the Treasury in accordance with 31 
                        U.S.C. 3711(g).
                    ``(B) Requirement to seek minimum information.--The 
                Secretary of the Treasury shall seek information 
                pursuant to this section only to the extent necessary 
                to improve collection of the debt described in 
                subparagraph (A).
                    ``(C) Duties of the secretary.--
                            ``(i) Information disclosure.--The 
                        Secretary, in cooperation with the Secretary of 
                        the Treasury, shall compare information in the 
                        National Directory of New Hires with 
                        information provided by the Secretary of the 
                        Treasury with respect to persons described in 
                        subparagraph (A) and shall disclose information 
                        in such Directory regarding such persons to the 
                        Secretary of the Treasury in accordance with 
                        this paragraph, for the purposes specified in 
                        this paragraph. Such comparison of information 
                        shall not be considered a matching program as 
                        defined in 5 U.S.C. 552a.
                            ``(ii) Condition on disclosure.--The 
                        Secretary shall make disclosures in accordance 
                        with clause (i) only to the extent that the 
                        Secretary determines that such disclosures do 
                        not interfere with the effective operation of 
                        the program under this part. Support collection 
                        under section 466(b) of this title shall be 
                        given priority over collection of any 
                        delinquent federal nontax debt against the same 
                        income.
                    ``(D) Use of information by the secretary of the 
                treasury.--The Secretary of the Treasury may use 
                information provided under this paragraph only for 
                purposes of collecting the debt described in 
                subparagraph (A).
                    ``(E) Disclosure of information by the secretary of 
                the treasury.--
                            ``(i) Purpose of disclosure.--The Secretary 
                        of the Treasury may make a disclosure under 
                        this subparagraph only for purposes of 
                        collecting the debt described in subparagraph 
                        (A).
                            ``(ii) Disclosures permitted.--Subject to 
                        clauses (iii) and (iv), the Secretary of the 
                        Treasury may disclose information resulting 
                        from a data match pursuant to this paragraph 
                        only to the Attorney General in connection with 
                        collecting the debt described in subparagraph 
                        (A).
                            ``(iii) Conditions on disclosure.--
                        Disclosures under this subparagraph shall be--
                                    ``(I) made in accordance with data 
                                security and control policies 
                                established by the Secretary of the 
                                Treasury and approved by the Secretary;
                                    ``(II) subject to audit in a manner 
                                satisfactory to the Secretary; and
                                    ``(III) subject to the sanctions 
                                under subsection (l)(2).
                            ``(iv) Additional disclosures.--
                                    ``(I) Determination by 
                                secretaries.--The Secretary of the 
                                Treasury and the Secretary shall 
                                determine whether to permit disclosure 
                                of information under this paragraph to 
                                persons or entities described in 
                                subclause (II), based on an evaluation 
                                made by the Secretary of the Treasury 
                                (in consultation with and approved by 
                                the Secretary), of the costs and 
                                benefits of such disclosures and the 
                                adequacy of measures used to safeguard 
                                the security and confidentiality of 
                                information so disclosed.
                                    ``(II) Permitted persons or 
                                entities.--If the Secretary of the 
                                Treasury and the Secretary determine 
                                pursuant to subclause (I) that 
                                disclosures to additional persons or 
                                entities shall be permitted, 
                                information under this paragraph may be 
                                disclosed by the Secretary of the 
                                Treasury, in connection with collecting 
                                the debt described in subparagraph (A), 
                                to a contractor or agent of either 
                                Secretary and to the Federal agency 
                                that referred such debt to the 
                                Secretary of the Treasury for 
                                collection, subject to the conditions 
                                in clause (iii) and such additional 
                                conditions as agreed to by the 
                                Secretaries.
                            ``(v) Restrictions on redisclosure.--A 
                        person or entity to which information is 
                        disclosed under this subparagraph may use or 
                        disclose such information only as needed for 
                        collecting the debt described in subparagraph 
                        (A), subject to the conditions in clause (iii) 
                        and such additional conditions as agreed to by 
                        the Secretaries.
                    ``(F) Reimbursement of hhs costs.--The Secretary of 
                the Treasury shall reimburse the Secretary, in 
                accordance with subsection (k)(3), for the costs 
                incurred by the Secretary in furnishing the information 
                requested under this paragraph. Any such costs paid by 
                the Secretary of the Treasury shall be considered costs 
                of implementing 31 U.S.C. 3711(g) in accordance with 31 
                U.S.C. 3711(g)(6) and may be paid from the account 
                established pursuant to 31 U.S.C. 3711(g)(7).''.
    Sec. 644. (a) In General.--Section 6402 of the Internal Revenue 
Code of 1986, is amended by redesignating subsections (f) through (k) 
as subsections (g) through (l), respectively, and by inserting after 
subsection (e) the following new subsection:
    ``(f) Collection of Past-Due, Legally Enforceable State 
Unemployment Compensation Debts.--
            ``(1) In general.--Upon receiving notice from any State 
        that a person owes a past-due, legally enforceable State 
        unemployment compensation debt to such State, the Secretary 
        shall, under such conditions as may be prescribed by the 
        Secretary--
                    ``(A) reduce the amount of any overpayment payable 
                to such person by the amount of such unemployment 
                compensation debt;
                    ``(B) pay the amount by which such overpayment is 
                reduced under subparagraph (A) to such State and notify 
                such State of such person's name, taxpayer 
                identification number, address, and the amount 
                collected; and
                    ``(C) notify the person making such overpayment 
                that the overpayment has been reduced by an amount 
                necessary to satisfy a past-due, legally enforceable 
                State unemployment compensation debt. If an offset is 
                made pursuant to a joint return, the notice under 
                subparagraph (B) shall include the names, taxpayer 
                identification numbers, and addresses of each person 
                filing such return.
            ``(2) Priorities for offset.--Any overpayment by a person 
        shall be reduced pursuant to this subsection--
                    ``(A) after such overpayment is reduced pursuant 
                to--
                            ``(i) subsection (a) with respect to any 
                        liability for any internal revenue tax on the 
                        part of the person who made the overpayment;
                            ``(ii) subsection (c) with respect to past-
                        due support;
                            ``(iii) subsection (d) with respect to any 
                        past-due, legally enforceable debt owed to a 
                        Federal agency; and
                    ``(B) before such overpayment is credited to the 
                future liability for any Federal internal revenue tax 
                of such person pursuant to subsection (b). If the 
                Secretary receives notice from a State or States of 
                more than one debt subject to paragraph (1) and/or 
                subsection (e) that is owed by a person to such State 
                or States, any overpayment by such person shall be 
                applied against such debts in the order in which such 
                debts accrued.
            ``(3) Notice; consideration of evidence.--No State may take 
        action under this subsection until such State--
                    ``(A) notifies the person owing the past-due 
                legally enforceable State unemployment compensation 
                debt that the State proposes to take action pursuant to 
                this section;
                    ``(B) gives such person at least 60 days to present 
                evidence that all or part of such liability is not 
                past-due or not legally enforceable;
                    ``(C) considers any evidence presented by such 
                person and determines that an amount of such debt is 
                past-due and legally enforceable; and
                    ``(D) satisfies such other conditions as the 
                Secretary may prescribe to ensure that the 
                determination made under subparagraph (C) is valid and 
                that the State has made reasonable efforts to obtain 
                payment of such unemployment compensation debt.
            ``(4) Past-due, legally enforceable state unemployment 
        compensation debt.--For purposes of this subsection, the term 
        `past-due, legally enforceable State unemployment compensation 
        debt' means overpayments of unemployment compensation assessed 
        under the law of a State certified by the Secretary of Labor 
        pursuant to section 3304 of the Internal Revenue Code, which 
        have become final under State law and remain uncollected.
            ``(5) Regulations.--The Secretary shall issue regulations 
        prescribing the time and manner in which States must submit 
        notices of past-due, legally enforceable State unemployment 
        compensation debt and the necessary information that must be 
        contained in or accompany such notices. The regulations shall 
        specify the minimum amount of debt to which the reduction 
        procedure established by paragraph (1) may be applied. The 
        regulations may require States to pay a fee to the Secretary, 
        which may be deducted from amounts collected, to reimburse the 
        Secretary for the cost of applying such procedure. Any fee paid 
        to the Secretary pursuant to the preceding sentence shall be 
        used to reimburse appropriations which bore all or part of the 
        cost of applying such procedure. The regulations may include a 
        requirement that States submit notices of past-due, legally 
        enforceable State unemployment compensation debt to the 
        Secretary via the Secretary of Labor in accordance with 
        procedures established by the Secretary of Labor. Such 
        procedures may require States to pay a fee to the Secretary of 
        Labor to reimburse the Secretary of Labor for the costs of 
        applying this subsection. Any such fee shall be established in 
        consultation with the Secretary of the Treasury. Any fee paid 
        to the Secretary of Labor may be deducted from amounts 
        collected and shall be used to reimburse the appropriation 
        account which bore all or part of the cost of applying this 
        subsection.
            ``(6) Erroneous payment to state.--Any State receiving 
        notice from the Secretary that an erroneous payment has been 
        made to such State under paragraph (1) shall pay promptly to 
        the Secretary, in accordance with such regulations as the 
        Secretary may prescribe, an amount equal to the amount of such 
        erroneous payment (without regard to whether any other amounts 
        payable to such State under such paragraph have been paid to 
        such State).''.
    (b) Disclosure of certain information to States requesting refund 
offsets for past-due legally enforceable State unemployment 
compensation debt.
            (1) Paragraph (10) of section 6103(l) is amended by 
        striking ``(c), (d), or (e)'' each place it appears and 
        inserting ``(c), (d), (e) or (f)''.
            (2) Paragraph (10)(A) of section 6103(l) is amended by 
        inserting ``and to officers and employees of the Department of 
        Labor in connection with a reduction under subsection (f) of 
        section 6402'' after the words ``section 6402''.
            (3) The heading of paragraph (10) is amended by striking 
        ``subsection (c), (d), or (e) of section 6402'' and inserting 
        ``subsection (c), (d), (e) or (f) of section 6402''.
    (c) Conforming Amendments.--
            (1) Subsection (a) of section 6402 is amended by striking 
        ``(c), (d), and (e),'' and inserting ``(c), (d), (e) and 
        (f),''.
            (2) Paragraph (2) of section 6402(d) is amended by striking 
        ``and before such overpayment is reduced pursuant to subsection 
        (e)'' and inserting ``and before such overpayment is reduced 
        pursuant to subsections (e) and (f)''.
            (3) Subsection (g) of section 6402, as redesignated by 
        subsection (a), is amended by striking ``(c), (d) or (e)'' and 
        inserting ``(c), (d), (e) or (f)''.
            (4) Subsection (i) of section 6402, as redesignated by 
        subsection (a), is amended by striking ``subsection (c) or 
        (e)'' and inserting ``subsection (c), (e) or (f)''.
    (d) Effective Date.--The amendments made by this section shall be 
effective as to refunds payable under section 6402 of the Internal 
Revenue Code on or after the date of enactment.
    Sec. 645. (a) The adjustment in rates of basic pay for employees 
under the statutory pay systems that takes effect in fiscal year 2005 
under sections 5303 and 5304 of title 5, United States Code, shall be 
an increase of 3.5 percent, and this adjustment shall apply to civilian 
employees in the Department of Defense and the Department of Homeland 
Security and such adjustments shall be effective as of the first day of 
the first applicable pay period beginning on or after January 1, 2005.
    (b) Notwithstanding section 613 of this Act, the adjustment in 
rates of basic pay for the statutory pay systems that take place in 
fiscal year 2005 under sections 5344 and 5348 of title 5, United States 
Code, shall be no less than the percentage in paragraph (a) as 
employees in the same location whose rates of basic pay are adjusted 
pursuant to the statutory pay systems under section 5303 and 5304 of 
title 5, United States Code. Prevailing rate employees at locations 
where there are no employees whose pay is increased pursuant to section 
5303 and 5304 of title 5 and prevailing rate employees described in 
section 5343(a)(5) of title 5 shall be considered to be located in the 
pay locality designated as ``Rest of US'' pursuant to section 5304 of 
title 5 for purposes of this paragraph.
    (c) Funds used to carry out this section shall be paid from 
appropriations, which are made to each applicable department or agency 
for salaries and expenses for fiscal year 2005.
    Sec. 646. (a) Limitation on Conversion to Contractor Performance.--
None of the funds appropriated by this Act or any other Act shall be 
available to convert to contractor performance an activity or function 
of an executive agency, that on or after the date of enactment of this 
Act, is performed by more than 10 Federal employees unless--
            (1) the conversion is based on the result of a public-
        private competition plan that includes a most efficient and 
        cost effective organization plan developed by such activity or 
        function, in accordance with Office of Management and Budget 
        Circular A-76, as implemented on May 29, 2003; and
            (2) the Competitive Sourcing Official determines whether 
        over all performance periods stated in the solicitation of 
        offers for performance of the activity or function, the cost of 
        performance of the activity or function by a contractor would 
        be less costly to the executive agency by an amount that equals 
        or exceeds the lesser of--
                    (A) 10 percent of the most efficient organization's 
                personnel-related costs for performance of that 
                activity or function by Federal employees; or
                    (B) $10,000,000.
    This Act may be cited as the ``Transportation, Treasury, and 
Independent Agencies Appropriations Act, 2005''.
                                                 Union Calendar No. 411

108th CONGRESS

  2d Session

                               H.R. 5025

                          [Report No. 108-671]

_______________________________________________________________________

                                 A BILL

    Making appropriations for the Departments of Transportation and 
Treasury, and independent agencies for the fiscal year ending September 
                   30, 2005, and for other purposes.

_______________________________________________________________________

                           September 8, 2004

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